02-20-2018 Planning Commission Packet

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To: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator From: Laura Oakden, Planner LLO Date: February 20, 2018 Item 3 Subject: #LA18-000001, Allen Merrill, 1161 Elmwood Ave, Right of Way Vacation of Grand View Avenue, Public Hearing Application Summary: The applicant is requesting the City of Orono to vacate an unimproved platted right of way. Staff Recommendation: Planning Department Staff recommends denial. Background Allen Merrill of 1161 Elmwood Avenue is requesting to vacate the unimproved right of way that is directly abutting his property to the north of his rear lot. The right of way was originally a product of the Skarp & Lindquist's Fernhill plat. The applicant is requesting to vacate the right of way east from its intersection with Elmwood, approximately 135' by 20' feet. Mr. Merril desires to vacate the right of way gain a wider parcel to match the front of his lot. Exhibit D is the submitted project narrative. There is currently a lift station located in the Elmwood right of way just south of this unimproved right of way. The public works department is planning to place a generator in the area to support power to the list station. Attaching in Exhibit B shows the proposed location of the generator which in the east corner of the Grand View Ave right of way and the utilities improvements that would be needed. There is currently sanitary sewer that runs through the right of way as see in Exhibit B. There is some black top improvements over part of the area which functions as a turnaround area for vehicles and helps with space for snow removal. Applicable Regulations: MN State Statute 412.851 VACATION OF STREETS. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a