The city council finds as follows:
(a) A sufficient petition was filed with the city clerk requesting the vacation of certain street, avenue and alley rights-of-way, located north of Highway 61 Expressway and about 1-1/2 miles from the Lester River. Since the new eastridge plat to be developed will include other streets to accommodate the new development, the rights-of-way requested to be vacated by the applicant are as follows:
72nd Avenue East, 73rd Avenue East, 74th Avenue East, 75th Avenue East, Oakley Street, Avondale Street, and all alleys in Lakeview Manor Division and Chase Avenue (north of Highway 61), Hoover Street and Hollister Street (east of 72nd Avenue East) in Brighten Gardens First Division; 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 during a public hearing; and
(c) The planning commission, at its July 8, 2008, regular meeting, unanimously recommended that except for Chase Avenue, the requested vacations be approved with conditions; and
(d) The city planning department realized after the planning commission considered this matter that the vacation of Hollister Street east of 72nd Avenue East would serve no use to the applicant as it is not in the new eastridge division plat, the applicant will gain no land rights by its vacation, and the Hollister Street right-of-way may be needed in the future to support future land use. Therefore, the planning department recommends that Hollister Street east of 72nd Avenue West not be vacated; and
(e) There will be no continuing public need for the rights-of-way requested to be vacated except for Chase Avenue between the Chase Avenue/MNDOT Highway 61 expressway intersection and Hoover Street, and Hollister Street east of Chase Avenue since the new eastridge division plat will include new street rights-of-way.
NOW, THEREFORE, BE IT RESOLVED, that the proper city officials are
hereby authorized to vacate street and alley public rights-of-way, as are
legally described below:
BE IT FURTHER RESOLVED, that the city clerk shall not file the vacation until final approval of the Eastridge Division Plat.
PLANNING COMMISSION/PLANNING DIV
STATEMENT OF PURPOSE: This resolution approves the vacation of all streets and alleys in Lakeview Manor Division; and Hoover Street east of Chase Street in Brighten Gardens First Division, located north of the Mn/DOT Highway 61 Expressway. It denies the applicant’s request to vacate Chase Avenue and Hollister Street. It further provides that the vacation shall not be filed by the city clerk until the city's final approval of the new Eastridge Division Plat. The city planning commission voted to recommend approval of the request, in part, and recommended denial of the vacation of Chase Avenue. After the planning commission met, the planning department became aware that there is no need to vacate Hollister street east of 72nd Avenue East since it is not within the applicant's new plat and no land rights to it will be received by the applicant. Planning Staff has concluded that this portion of Hollister Street should be retained because it is needed to support future development in the area; thus, it is not useless for the purposes for which it was dedicated. This conclusion of the planning staff was not part of staff’s report to the planning commission. (FN 08063) (John E. Hovland)
Date filed: 08/11/2008
Action deadline: N/A