DISCLAIMER

PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE


08-0398R

 

RESOLUTION VACATING BIRCH STREET BETWEEN GARFIELD AVENUE ALLEY AND COX AVENUE.

CITY PROPOSAL:

     RESOLVED, that:

     (a)  The city council finds a sufficient petition was filed with the city clerk requesting the vacation of Birch Street between Garfield Avenue Alley and Cox Avenue adjacent to Lot 81, Block 44, Rices Point, and Lot 2, First Sub-Division of Rices Point; 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 the city planning commission found that the petitioned street is useless, based on the findings that: the proposed vacation does not provide access to other properties, there are no plans to improve the street and there are no utilities within the street; and

     (c)  The planning commission, at its June 10, 2008, regular meeting, did approve, unanimously, vacating the street petitioned for vacation; and

     (d)  That the city council of the city of Duluth approves the vacation of the following and as more particularly described on Public Document No. ____________: That part of Birch Street lying between the east line of Garfield Avenue Alley and the west line of Cox Avenue adjacent to Lot 81, Block 44, Rices Point, and Lot 2, First Sub-Division of Rices Point; and

     (e)  That the city clerk is hereby directed to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution together with a plat showing the portion of the street to be vacated.


PC/PLNG


STATEMENT OF PURPOSE:  This resolution vacates Birch Street between Garfield Avenue Alley and Cox Avenue as the street serves no public use and there are no plans to improve the street. The purpose of the vacation is to allow the city to construct a parking lot for the Garfield Avenue maintenance facility. Following the public hearing on June 10, 2008, the planning commission voted 10 yes, zero no, and zero abstaining to recommend the street vacation. There is no companion resolution to deny as this action is not subject to a deadline.


Petition received: April 20, 2008

Action deadline: There is no action deadline for this resolution.