WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a 6,200 sq. ft. portion of Minnesota Avenue legally described as; Commencing at the southwesterly corner of Lot 13, Block 1, OATKA BEACH ADDITION: thence north along the west line of said Lot 13 a distance of 20.00 feet; thence deflecting 89 degrees 54 minutes 31 seconds right 5.00 feet to the POINT OF BEGINNING; thence deflecting 89 degrees 54 minutes 31 seconds left 127.32 feet; thence deflecting 13 degrees 42 minutes 19 seconds left 83.04 feet; thence deflecting 72 degrees 19 minutes 58 seconds left 19.30 feet; thence deflecting 96 degrees 52 minuets 39 seconds left 209.23 feet; thence deflecting 87 degrees 10 minutes 33 seconds left 28.26 feet to the POINT OF BEGINNING and there terminating. Subject to easements for utility purposes. Containing 0.14 acres more or less; 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 vacation petition at its March 13, 2001 meeting;

        NOW THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approve the vacation of that portion of Minnesota Avenue described above, and as more particularly described on Public Document No._______.

        BE IT FURTHER RESOLVED , that all of that portion of Minnesota Avenue described above be retained as a utility easement.

        BE IT FURTHER RESOLVED , that the city clerk is hereby directed to record, with the Registrar 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 portion of the right of way to be vacated and that portion retained as a utility easement.

STATEMENT OF PURPOSE:  This resolution vacates a 6,200 sq. ft. portion of Minnesota Avenue for expansion of Franciscan Health Center located at 3910 Minnesota Avenue. The purpose of the vacation is to incorporate a portion of the Minnesota Avenue right-of-way, between the front property line and the existing sidewalk, to provide off-street parking for building improvements. The City Planning Commission unanimously approved this partial right of way vacation at its regular meeting on March 13, 2001.

The current street is 44 feet in width with a sidewalk on the east side. The improved portion of Minnesota Avenue was moved more than 25 feet from its original alignment. The area requested for vacation is used as a boulevard and for underground utilities. The project plans do not call for relocation of any utilities.

With the expansion needs of the Franciscan Health Center, a portion of this area would be utilized as driveway and parking. The vacation of the affected area would allow for the Health Center to apply to the Board of Zoning Appeals for a variance to allow "front yard parking". The alternative to vacation is a "Concurrent Use Permit", however, over the past 17 years, this option has created a "cloud on the title" to properties and the result has been that the affected area is vacated. If the vacated area is retained as a utility easement the public use is protected, the private property owner can pursue the needed expansion of the health center and the title remains clear.

The vacation does not provide for any reduction in the building setback (25') but will facilitate improvement of the vacated area for driveway and parking. The vacation would also enhance the total lot area for computation of impervious surface area under Chapter 51 of the code.

Date Filed: February 22, 2001 Action Deadline: June 22, 2001