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SC ANNED <br /> Item 2 <br /> Date Application Received: March 29,2017 O <br /> Date Application Considered as Complete:March 29,2017 V.,041 <br /> 60-Day Review Period Expires: July 29,2017 <br /> Original 60 day review period extended <br /> To: Chair Thiesse and Planning Commission Members tie c` <br /> Doug Reeder, Interim City Administrator eAkesHov`` <br /> From: Jeremy Barnhart, Community Development Director <br /> Date: June 19, 2017 <br /> Subject: #17-3933, Catherine Sweet, 3405 and 3407 Crystal Bay Road, <br /> Vacation of street <br /> Public Hearing <br /> Application Summary: The applicant is requesting to vacate the unimproved right of way <br /> between 3405 and 3407 Crystal Bay Road. <br /> Staff Recommendation: Planning Department Staff does not support the vacation of the right <br /> of way. <br /> A public hearing is scheduled for June 19,2017. To be consistent with state statute regarding <br /> rights of way adjacent to waters of the state,the public hearing must be continued to July 10, <br /> 2017. <br /> Background <br /> The applicant owns the parcels on either side of the subject right of way,though desires to sell <br /> 3407 Crystal Bay Road. The subject right of way was provided to the City in exchange for the <br /> 1908 vacation of the right of way on the east side of 3405 Crystal Bay Road. In right of way <br /> vacation the property reverts back to the property that provided the rights of way. Often, right <br /> of way is provided as part of a plat, and upon vacation, both adjoining parcels receive their half <br /> of the right of way. In this situation,since one property(3405) provided the right of way,that <br /> property would receive the vacated right of way. <br /> Originally, assuming both parcels would receive half of the right of way, 3407 Crystal Bay Road <br /> would have lake frontage, perhaps allowing for a dock. <br /> The City is historically cautious when considering vacation of roads the lead to the Lake. Once <br /> vacated, opportunities for lake access, including trails,are lost, and due in part to the value of <br /> lake shore and desire for side yard privacy, nearly impossible to regain. <br /> Former Senior Planner Michael Gaffron has provided further background information, provided <br /> as Exhibit C. <br /> Applicable Regulations:Sec. 78-9. - Vacation of streets, alleys and public grounds. <br /> Vacation of streets, alleys and public grounds shall follow the procedures set forth in this <br /> chapter; except that such vacation shall require a petition by a majority of the landowners <br /> abutting the property to be vacated, and a hearing preceded by two weeks' published and <br />