DISCLAIMER

 

08-0050R


RESOLUTION APPROVING THE PARTIAL VACATION OF MANITOU STREET RIGHT-OF-WAY AND ABOVE AIR RIGHTS NORTHWESTERLY AND ADJOINING THE PROPERTY AT 2 SUNNYSIDE STREET IN RIVERSIDE (WALTJER).

BY COUNCILOR STAUBER:

     The city council finds as follows:

     (a)  A sufficient petition was filed with the city clerk requesting the vacation of a triangular shaped portion of the right-of-way of Manitou Street (alley) and air rights which encompass the existing home and eaves, northwesterly and adjoining the property at 2 Sunnyside Street (FN 07151); and

     (b)  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

     (c)  The planning commission, at its January 8, 2008, regular meeting, did approve, unanimously, vacating the portion of the street as recommended by staff, legally described as follows:

           That part of the platted alley lying northwesterly of and adjoining Lot 1, Block 13, Riverside, according to the plat on file in the office of the county recorder, St. Louis County, Minnesota, described as follows: commencing at the southwest corner of said Lot 1, Block 13; thence north 00 degrees 00 minutes 00 seconds east, assumed bearing along the west line of said Lot 1, a distance of 3.96 feet; thence north 39 degrees 42 minutes 08 seconds east 47.70 feet along the northwesterly line of said Lot 1 to the point of beginning of the tract to be described; thence north 00 degrees 03 minutes 21 seconds west 6.10 feet; thence south 89 degrees 56 minutes 12 seconds east 5.10 feet to the northwesterly line of said Lot 1; thence south 39 degrees 42 minutes 08 seconds west 7.98 feet along the northwesterly line of said Lot 1 to the point of beginning.

                 Together with: an aerial vacation over and above that part of the platted alley lying northwesterly of and adjoining Lot 1, Block 13, Riverside, according to the plat on file in the office of the county recorder, St. Louis County, Minnesota, described as follows: commencing at the southwest corner of said Lot 1, Block 13; thence north 00 degrees 00 minutes 00 seconds east, assumed bearing along the west line of said Lot 1, a distance of 3.96 feet; thence north 39 degrees 42 minutes 08 seconds east 44.57 feet along the northwesterly line of said Lot 1 to the point of beginning of the tract to be described; thence north 00 degrees 03 minutes 21 seconds west 10.56 feet; thence south 89 degrees 56 minutes 12 seconds east 8.77 feet to the northwesterly line of said Lot 1; thence south 39 degrees 42 minutes 08 seconds west 13.71 feet along the northwesterly line of said Lot 1 to the point of beginning.

                 The bottom plane of the vertical space of said aerial vacation shall be elevation 691.00 (based on NGVD 29 datum); and

     (d)  The file and report documents a basis for vacating a portion of the easement.

     NOW, THEREFORE, BE IT RESOLVED:

     (a)  That the city council of the city of Duluth approves the vacation of a partial vacation of the Manitou Street (alley) right-of-way, lying northwesterly of and adjoining Lot 1, Block 13, Riverside, and the aerial vacation over and above that part of the Manitou Street (alley) as described in above legal description; and

     (b)  That a copy of this resolution shall be filed with the recorder of deeds.


STATEMENT OF PURPOSE:  This resolution approves vacation of a triangular shaped portion of the Manitou Street (alley) right-of-way, lying northwesterly of and adjoining Lot 1, Block 13, Riverside, and an aerial vacation over and above that part of the Manitou Street (alley) which encompasses the roof eaves of the home located on this property, as described in the legal description above. The existing home on the property was built over 80 years ago within the Manitou Street (alley) right-of-way, and this vacation will facilitate sale of the home in the future.


On October 23, 2007, the board of zoning appeals approved a side-yard setback variance from 2'6" to 1', as requested by the owner of the property, to build a garage on the site, which is conditional upon approval of this street vacation.


On January 8, 2008, the Duluth planning commission held a public hearing on the request and unanimously recommend approval as recommended by staff to the city council. The portion of Manitou Street recommended by the planning commission for approval is indicated in the staff report which includes a legal description provided by Salo Engineering and site plan. Staff recommended to vacate the portion described in the legal description to ensure that both the home and its eaves be included.


This resolution should have no effect on the tax base.


Date filed: October 23, 2007              Action deadline: February 29, 2008