01-0742R

RESOLUTION VACATING ROBIN AVENUE BETWEEN RAINBOW STREET AND WALNUT STREET IN DULUTH HEIGHTS (BOYER).

BY COUNCILOR STENBERG:

        WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of a portion of Robin Avenue legally described as Robin Avenue adjoining Lot 1, Block 2, and Lot 32, Block 2, Birch Hill Division, and Lot 12, Block 3, Duluth Heights Garden Tracts; 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 vacation petition at its September 26, 2001, meeting.

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

        BE IT FURTHER RESOLVED, that the full 66 foot right-of-way be retained as a utility and pedestrian 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 portion of the street to be vacated and the portion retained as a utility and pedestrian easement.



STATEMENT OF PURPOSE:  This resolution vacates a one-block portion of Robin Avenue located south of Rainbow Street in Duluth Heights.

The purpose of the vacation is to eliminate the building setbacks on the adjoining property. The retention of the 66 foot wide right-of-way as a utility and pedestrian easement is to preserve the existing underground and overhead utility lines as well as preserve the pedestrian access that connects Birchwood School to various parts of the neighborhood.

The city planning commission unanimously approved this at its regular meeting on September 26, 2001, following an initial hearing on September 11, 2001, and a neighborhood meeting on September 24, 2001.

Three property owners in a neighboring block (Block 11) did object to the vacation on the basis of a loss of access. The commission found that these properties will not lose legal access as Block 11 is bounded on west by Swan Lake Road, on the north by Walnut Street (platted but not built) and on the east by Robin Avenue (platted but not built). It was noted that historically the portion of Robin Avenue that is being vacated by this resolution was used, by at least one property owner as an access to the rear of his property, after the sanitary sewer was installed in Robin Avenue.

Date Filed: August 14, 2001
Action Deadline: December 12, 2001