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1rOf Report Number 08-248 <br />=BRKT7M Agenda Section VI-6 <br />the city that works for you Council Meeting Date September 8, 2008 <br />• REQUEST FOR COUNCIL CONSIDERATION <br />ITEM DESCRIPTION: CONSIDERATION OF RESOLUTION RECEIVING A PETITION <br />AND SETTING A PUBLIC HEARING ON A PARTIAL VACATION OF ALLEY RIGHT-OF- <br />WAY <br />DEPARTMENT HEAD'S APPROVAL: C--dZ+-c1 <br />CITY MANAGER'S APPROVAL: <br />No comments to supplement this report Comments attached <br />Recommendation: To adopt the resoluXVto receive the petition dated September 2, 2008 and set a <br />public hearing date to consider the partitVacation of the alley. <br />Legislative History: September 2, 2008: The applicant submitted the attached petition. <br />August 19, 2008: The applicant appeared before the Planning Commission for consideration of a <br />Nonconforming Use Permit for an existing rear yard setback of less than 5'. That request was tabled. <br />Subsequently, the applicant has revised his building plans from the initial concepts shared with staff and <br />the Planning Commission, and with this vacation request the need to obtain the Nonconforming Use <br />Permit is eliminated. <br />0 Financial Impact: N/A <br />Explanation: The formal vacation process is the only method by which a city may divest itself of <br />dedicated public streets or grounds that are no longer needed by the city. A majority of the owners of <br />land abutting the street or alley to be vacated may initiate a vacation by petition. However, since the <br />language of the statute is permissive, the City Council is not required to vacate a street or alley simply <br />because a valid petition is received. The decision to act on a petition is a discretionary act of the <br />Council. <br />In this case, the alley petitioned to be vacated is an unimproved alley abutting property between 2"d <br />Avenue SE and 3rd Avenue SE from Stowe Avenue to 2"d Street SE and is not anticipated or projected to <br />be improved. An existing sanitary sewer serving these properties is located within the proposed ally to <br />be vacated. Staff recommends that the alley be partially vacated, vacating the alley right-of-way and <br />reserving drainage and easement rights of the alley legally described as: <br />The dedicated alley lying within Block 8 and Block 11 of VERMONT PARK, according to <br />the recorded plat thereof, Ramsey County, Minnesota. <br />Staff recommends that a public hearing be held on such proposed vacation on October 14, 2008 before <br />the Cit Council. <br />Grant Nt. Wyff , P.E. <br />Director of PUyKc Works <br />Attachments <br />Map <br />Petition dated September 2, 2008 <br />