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~""'-~:-.""'">\t:-~ _.~.. -e e e REQUEST FOR STREET VACATION STEINER/TYSON 11- Y11 kepor~~ if..,..) 4lJtJo. August 27, 1979 -vI - 7:3.)' PURPOSE To consi.der a request to vacate 2nd Street S.W. between the easterly right-of-way of 5th Avenue S.W. and I-35W. BACKGROUND PETITIONED BY: John Stetner, Atla~ Van Lines Dick and Audrey Ty~on, 1yson Trucking LOCATION: That part of 2nd Street S.W. east of the easterly right-of-way of 5th Avenue ~.W. to the ~~5terly right-of-way of I-35W: State statutes indicate that a majority of adjacent property owners can petition for th~ vacation of an adjacent street. Mr. Steiner and Mr. & Mrs. Tyson are the property owners adjacent to this portion of 2nd Street S.W. The street in question is a dedicated right~of-way. It is not improv- edand there are no plans of improving the street. The City does not maintain this right-of-way and the street serves no public pu~posein regard to vehicular travel. There is, however, a 5 ani tar y sewer 1 i n e and N S P has un de r g r 0 un d s e r vice s .1 0 cat e din the right-of-way and a private easement would have to be provided for by the 'underlying fee ~wners of theright~of-way. Thev~cation of the street would have little affect on the City's ability to service this area. Mr.Steiher with Atlas Van Lines is proposing to build an office building (LP-89) and if the vacation is not approved, a varianc~ would be required because the side s~reetyardsetback is 40 feet and the office building is proposed to be setback 18 feet.- It should also be noted that the Tyson Trucking firm has an above ground LP gas storage tank locate~ on th~s right-of-way. The vacatfon of this portion of 2nd Street S.W. would clear up this ~atter of an encroachment. PLANNING COMMISSION CONSIDERATION AND RECOMMENDATION EXTRACT OF MINUTES BOARD OF REVIEW REGULAR MEETING _ AUGUST 22, 1979 John Steiner and Al Templin of Atlas Van Lines were present to ans~er any questions. Motion by Schmidt, second by Lang to recommend approval of the vacation petition by adopting a resolution with the Condition that the under lying fee owner provided for a utility.easement over that portion of 2nd Street S.W. ' .