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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Tuesday,February 20,2018 <br /> 6:30 o'clock p.m. <br /> Leskinen moved,Landgraver seconded,to recommend approval of Application No. 18-3998,James <br /> and Mary Jundt, 1400 Bracketts Point Road,vacation of the roadway and the sanitary sewer <br /> easement,subject to the conditions outlined in Staff's Report. VOTE: Ayes 5,Nays 0. <br /> Leskinen moved,Olson seconded,to recommend approval of Application No. 18-3998,James and <br /> Mary Jundt, 1400 Bracketts Point Road,preliminary plat,subject to the conditions outlined in <br /> Staff's Report. VOTE: Ayes 5,Nays 0. <br /> 3. LA18-000001 ALLEN MERRILL,VACATION OF RIGHT-OF-WAY(GRAND VIEW <br /> AVENUE)BETWEEN 1161 AND 1153 ELMWOOD AVENUE,7:00 P.M.—7:39 P.M. <br /> Allen Merrill,Applicant,was present. <br /> Oakden stated the applicant is requesting to vacate an unimproved platted right-of-way that is directly <br /> abutting his property to the north of his rear lot. The property has one PID number. The right-of-way <br /> was originally a product of a plat from 1887. The applicant is requesting vacation of the right-of-way east <br /> from the intersection with Elmwood. <br /> There is currently a lift station located in the Elmwood right-of-way just south of this unimproved right- <br /> of-way. The Public Works Department is planning to place a generator in the area to support power to the <br /> lift station. There is currently sanitary sewer that runs through the right-of-way and some blacktop <br /> improvements over part of the area which functions as a turnaround area for vehicles and helps with space <br /> for snow removal. <br /> The west end of the right-of-way functions as a turnaround for the road since a cul-de-sac is not present. <br /> While there may be some benefit to the public in the future to adjust the right-of-way through a land swap <br /> to accommodate the improvements, including the pavement outside of the right-of-way,that proposal has <br /> not been presented or proposed. <br /> State Statute states no vacation shall be made unless it appears to be in the interest of the public to do so. <br /> The Council may vacate any publicly owned utility easement or boulevard reserve which is not being <br /> used for sewer,drainage,electric,telegraph,and telephone, gas and steam purposes or for boulevard <br /> reserve purposes. The right-of-way in question is in use for existing utilities and there are proposed future <br /> utilities planned for this space in the near future. <br /> Staff believes approving this request would conflict with City Code and recommend denial of the request. <br /> It would also conflict with Minnesota State Statute which states a vacation should be done if it is in the <br /> interest of the public. <br /> One comment from a neighbor has been received and is in support of the vacation. <br /> The Planning Commission had no questions for Staff. <br /> Kari Winning, 1161 Elmwood Avenue, stated she is speaking here tonight on behalf of Mr.Merrill and <br /> that it is her understanding the neighbor does support the vacation of the right-of-way. With regard to the <br /> sanitary sewer, Winning noted there are no manholes in the actual right-of-way. One of the manholes is <br /> on the back lot owned by Mr.Merrill and the other manhole is on the lot owned by Mr. Hanna. <br /> Page 5 of 12 <br />