WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of portions of 66th Avenue West; 66th Alley and Petre Street legally described as:  66th Avenue West adjoining Lots 16 through 23, Block 3, and Lots 2 through 11, Block 7; Petre Street adjoining Block 4, Lots 1 and 2, Block 7, and Lot 16, Block 3; and the alley adjoining Lots 13 through 23, Block 3, all in West Gate Division; and

WHEREAS, pursuant to Section 100 of the City Charter and Article IV of Chapter 45 of the Duluth City Code, 1959 as amended, such petition was duly referred to the city planning commission, and such commission gave due notice of public hearing and did consider same in public hearing; and

WHEREAS, the city planning commission approved unanimously the street and alley vacation petition at its October 25, 2000, meeting.

NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of 66th Avenue West; 66th alley and Petre Street described above, and as more particularly described on Public Document No._______.

BE IT FURTHER RESOLVED, that the west 1/2 of 66th Avenue West the southerly 20 feet of Petre Street adjoining Lots 1 through 11, Block 7, West Gate Division, be retained as utility easement.

BE IT FURTHER RESOLVED, that the city clerk is hereby directed to record, with the register of deeds and/or the registrar of titles of St. Louis County, Minnesota, a certified copy of this resolution together with a plat showing the streets and alley to be vacated and the easements being retained.

STATEMENT OF PURPOSE:  This resolution vacates portions of 66th Avenue West between West Gate Boulevard and Petre Street, Petre Street between 66th and 67th Avenues West and retains easements for existing and future utilities.

The purpose of the vacation is to unify the petitioners properties which are presently occupied by the Allyndale Motel.

The city planning commission unanimously approved these vacations at its regular meeting on October 25, 2000.

The commission considered the following findings in making their recommendation:

Can it be shown that there will be no future need for these rights-of-way?
For 66th alley: yes. There are no known purposes for retaining this alley right-of-way.

For 66th Avenue West: as a street, yes. Only the petitioners properties are affected, West Gate Boulevard will become the legal frontage for both the residence and the motel. However, an easement for existing overhead utilities and sanitary sewer need to be retained.

For Petre Street, two potential building sites will be lost. This is the prerogative of the petitioners. However, an easement for utility connection should be retained from 66th to 67th along the south 1/2 of Petre Street.

These rights-of-way provide access to properties owned by the petitioners. Under strict application of the Recreational Shoreland Zone standards (with no change in current land uses) there is the potential for two development sites that meet the minimum lot area requirements as well as C-2 zoning requirements. Both of these "potential" lots are in Block 4 along the upper side of Petre Street. The lands above Petre Street are relatively steep lots and are not accessible (without bridging) from the east side of Keene Creek. This vacation would leave one series of "paper streets" to access other private properties west and north of this request. Gate Place, Petre Street and 67th Avenue West do connect to Elinor Street, one block above the petitioners property. With the lay of the land at and above Petre Street, it may be appropriate to retain a utility easement to connect the sewer line in 66th through Petre Street to 67th.

In the "West Duluth plan" (pgs. 54 & 55), this four acre property is identified as part of a larger 12 acre site (basically the entire area currently zoned C-2) referred to as the "Upper Cody area housing development site." [The petitioners property is adjacent to(on the west) the three acre Sherman & Associates property being developed as 28 housing units on the former Riverview Motel site west of Gate Place.] The plan suggests that this "site is an attractive area to encourage a new housing development because of its high visibility, easy access to I-35, and its location as a new subdivision"; an "accompanying schematic drawing illustrates a proposed development for this site (12 acres) with 78 hill-climber design townhouse units." The commentary goes on to say "the site also has a number of limitations."

With respect to the West Duluth plan, the vacation of streets and alleys, subject to design of appropriate easements for utilities, would have been necessary to "create" the "proposed development for this site (12 acres) with 78 hill-climber design townhouse units."
Date Filed: October 6, 2000 Action Deadline: December 5, 2000