The city council finds a sufficient petition was filed with the city clerk requesting the vacation of the alley between Piedmont Avenue and U.S. Highway 53 legally described as: 14th Street Alley adjoining lots to 1 to 4, Block 35, Harrison’s Brookdale Division to Duluth, lying between Piedmont Avenue and U.S. Highway 53 (FN 06114); and

     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 unanimously approved the vacation of the alley between Piedmont Avenue and U.S. Highway 53 at its November 12, 2006, meeting.

     NOW, THEREFORE, BE IT RESOLVED, that the city council of the city of Duluth approves the vacation of the above-described alley, more particularly described on Public Document No. __________.

     RESOLVED FURTHER, 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 alley to be vacated.

PLNG COMM/PLNG CF:tmf 2/29/2008

STATEMENT OF PURPOSE:  This resolution vacates the alley between Piedmont Avenue and U.S. Highway 53 to allow for the construction of a garage for a home at 1312 Piedmont Avenue. Council action was delayed to allow the property owner the opportunity to secure the land on the north side of the alley. This allowed Mr. Wood to secure all of the alley without having the city prepare another, separate action. Counter resolution 08-0187 denies this request.

This petition received a unanimous approval from the Duluth planning commission at its regular meeting of November 14, 2006.

Timeline for action does not apply.