DISCLAIMER

 

06-0338R


RESOLUTION DENYING THE VACATION OF VICTORIA PLACE (AKA 28TH AVENUE EAST) BETWEEN EAST EIGHTH STREET AND ELIZABETH STREET, LOCATED BETWEEN 2727 AND 2801 EAST EIGHTH STREET (JOHNSON, REICHHOFF, SJOGREN).

BY COUNCILOR GILBERT:

     WHEREAS, a sufficient petition was filed with the city clerk requesting the vacation of Victoria Place (aka 28th Avenue East) between East Eighth Street and Elizabeth Street, located on the north side of East Eighth Street between 2727 and 2801 East Eighth Street legally described as Victoria Place adjoining Lots 3 and 4, Block 6, and Lot 1, Block 2, Mount Royal Division of Duluth, lying south of the southerly right-of-way of Elizabeth Street extended (FN 06030); 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 the city planning commission found that said street is not useless for the purpose for which is was intended, based on the following findings:

     (a)  The vacation of Victoria Place will remove the potential for future through street connection with (primarily) Elizabeth Street. Elizabeth Street is currently a “no outlet” or “dead end” street that serves multiple apartment/condominium units and the Mt. Royal Medical Center;

     (b)  With growth potential of the vacant private and public lands zoned R-3, the need to provide future ingress-egress options to other than the uncontrolled access to Woodland Avenue this right-of-way needs to be preserved;

     (c)  Easements for existing utilities would need to be preserved;

     (d)  The Neighborhood District 10 and area residents requested preservation of pedestrian access from Eighth Street to the Mount Royal Shopping Center;

and the commission did recommend denial, by a vote of 8-0-1, the street vacation petition at its April 26, 2006, meeting.

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth denies the vacation of the street described above.


STATEMENT OF PURPOSE: This resolution denies the petition for the vacation of Victoria Place. The purpose of the vacation petition was to allow for expansion potential of the adjoining properties.


The city planning commission voted 8-0-1 to recommend denial of the petition at its regular meeting on April 26, 2006, based on the following findings:

     (a)  The vacation of Victoria Place will remove the potential for future through street connection with (primarily) Elizabeth Street. Elizabeth Street is currently a “no outlet” or “dead end” street that serves multiple apartment/condominium units and the Mt. Royal Medical Center;

     (b)  With growth potential of the vacant private and public lands zoned R-3, the need to provide future ingress-egress options to other than the uncontrolled access to Woodland Avenue this right-of-way needs to be preserved;

     (c)  Easements for existing utilities would need to be preserved;

     (d)  The Neighborhood District 10 and area residents requested preservation of pedestrian access from Eighth Street to the Mount Royal Shopping Center.


This resolution should have no effect on the tax base.


Date Application Received: March 9, 2006

Action Deadline: August 6, 2006