HomeMy WebLinkAboutRe: vacation request To: Ron Moorse, City Administrator
Greg Gappa, Public Services Director
Liz Van Zomeren, Planner
From: Michael P. Gaffron,Asst. Planning&Zoning Administrator
Date: April 11, 1997
Subject: Clint Gables Vacation Request
We are in receipt of a letter of request from Clint Gables,4798 North Shore Drive,for'vacation'of
City property on North Shore Drive. I have a few comments:
1. Gables only owns land on the north side of the road(outlined in red). He is not,by
any stretch, an "adjacent owner". His property is across the street from the parcels
in question. He is also not an 'abutting' landowner, and therefore cannot by code
(Section 10.12, attached)be a petitioner for the vacation.
3. The yellow shaded parcel is a 33' dedicated right-of-way leading from County Rd.
19 to the lake. The County may have some legal interest in this right-of-way...
4. The pink shaded parcel was obtained by the City via tax forfeiture in 1970 for'lake
access lanes', deed#136852. This parcel cannot be vacated, and cannot be directly
sold by the City,but would have to be released to the County for disposal.
5. These parcels would presumably have a high value to Gables since he would gain
lake access if he was to obtain them. But he apparently wants us to just give them
to him.
6. While Gables perceives these parcels have no apparent value to the City,they may
serve many public functions now or in the future:
- Public access to the lake(walking,etc. ...who's to say the City might
not build a public stairway here someday when access to the lake is
dearer than diamonds...) And,the DNR will oppose this vacation...
- Utility corridor
- Public open space
- Stormwater drainage
7. The concerns he expresses regarding the upkeep of the property may be valid,but are
not valid reasons to transfer it to private ownership.
When Gables called me last week I told him most of the above,but he apparently was not persuaded
to drop this idea. I suggest a response clearly indicating that there is no 'application'he is eligible
to make that will result in the transfer of the ownership of this property to him.
April 25, 1997
Clint M. Gables and Gwen M. Gables
4798 North Shore Drive
Mound,MN 55364
Re: Proposed vacation of City property on North Shore Drive
Dear Mr. &Mrs. Gables:
Thank you for your letter of Apri110. There are a number of reasons why your request to acquire City
property on North Shore Drive cannot be approved,as noted to you byvarious City staffpersons. These
reasons include:
1. You own land only on the north side of North Shore Drive(see parcels outlined in
red in the attached plat map). The parcels you wish to acquire are on the south side of North
Shore Drive. Therefore,you are not considered as adjacent landowners,nor are yoaorAlmd
as abutting landowners. City ordinances (Zoning Code Section 10.12, attached) c6ly allow dxAfi g
landowners to petition for a street vacation. Therefore,you cannot lode be a petitioner for such a
vacation.
2. The yellow shaded parcel is a 33' dedicated right-of-way leading from County Rd.
19 to the lake. The County may have some legal interest in this right-of-way. TheDpdmt
of Natural Resources adamantly opposes the vacation of such rights-of-way.
3. The pink shaded parcel was obtained by the City via tax forfeiture in 1970 for the
purpose of"lake access lanes",deed#136852. This parcel cannot be vacated,and cannot be
directly sold by the City,but would have to be released to the County for disposal.
4. While your letter suggests the'highest and best'use of this property would be placing
it in private ownership,the property potentially now serves or may in the future serve many
public functions:
Walking access to the lake for use by area residents
Utility corridor
Public open space
1
- Stormwater drainage
April 25, 1997
Mr. &Mrs. Gables
Page 2
Your concerns regarding the upkeep of the property may be valid, and have been forwarded to the
Director of Public Services for attention. However,a possible lack of upkeep is not a valid reason to
transfer these valuable parcels to private ownership.
In response to your request for the necessary filing procedure,there is no application you are eligible to
make that will result in the transfer of the ownership of this property to you. The City has no interest in
transferring this property to private ownership. I am attaching the City ordinances regarding street vacation,
as well as the aforementioned plat map. If you have further questions,please feel free to contact me at
473-7357.
Sincerely,
Ron Moorse, City Administrator
encl.
cc: Mayor and City Council