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Home My WebLink About7A - Schmokel's Addition Maintenance Center 17073 Adelmann Street S E. Prior Lake, Minnesota 55~ 72 PLANNING REPORT PRESENTER: PUBLIC HEARING: DATE: 7A REVIE'ti REQUEST TO VACATE A PORTIO~OF EVANSTON AVENUE (FORMER FIFTH STR ET) RIGHT OF WAY AND AN ALLEY IN SCHMO EL'S ADDIT ION JEFF MATZKE, PLANNER YE S X NO-N/A MAY 22,2006 AGENDA ITEM: SUBJECT: INTRODUCTION John Bizal, owner of Midwest !Military, is requesting the vacation of both a portion of the former Fifth Street rigtt of way at the northerly end of Evanston Avenue and an alley south of his busir,less located at 16075 Highway 13 South. Both the former Fifth Street right of way and the alley were dedicatect to the city as part of the SCHMOKEL'~ ADDITION TO PRIOR LAKE in the year 1914. Both areas of land have no v hicular access to them due to the engineered curb and gutter that has been pi ced along Evanston Avenue, Oak Stre et, and St. Paul Avenue. The proposed 'ilacation of Fifth Street right of way is a rectangular area 66 feet wide and 145 fi3et long (9,570 square feet). The pro osed alley vacation is an area 10 feet wide and 260 feet long (2,600 square f et). If the vacation were approved the Fifth Street right of way would become art of Lot 1 & 2 of SCHMOKEL'S ADDITlpN. The vacated 10 foot alley would e added to each of the southerly adjacerlt properties. No utilities currently run a "ross these public areas. As required by State Statute 462.356 Subd.2, the Planning Commission is required to make a recommer1ldation to the City Council regarding the disposal or acquisition of public lands as it relates to compliance with the Comprehensive Plan. Upon proper notification, St~te Statute 412.851 allows the Council to vacate easement or right-of-way bl' resolution. The statute also state~ "no such vacation shall be made unles~ it appears to be in the public interest td do so". DISCUSSION The Planning Commission must make two determinations. Does the vacation of the existing easement compl~ with the Comprehensive Plan and is there a public need or anticipated future need for the dedicated property? 1:\06 files\06 vacations\midwest military\pc rePOJ1t.<W\..vw.cityofpriorlake.com Phone 952.440.9675 / Fax 952.440.9678 Comprehensive Plan Review One of the goals of the Comprehensive Plan is to "plan for accfss to and movement of people, goods and services." Policies to meet this goal include "classify and design city st" ets and highways to serve specific functions in accordance with sound tra IC engineering principles. " Chapter 4 of the Comprehensive Plan also n tes local streets primarily serve reside ntial areas. "These streets are for acces to adjacent property and designed as low speed, low capacity facilities." The p blic right of way areas in this case no longer serve as streets or access lands to other properties. Public Need The public right of way areas in this case have not been used for the movement of people, goods, and servicHs for many years. The areas have been blocked from public use by the placement of engineered curb and gutter alon~1 residential streets in the area. These I)ublic right of way areas are therefore, no longer needed by the general public. RECOMMENDATION There is no public need for the portion of right-of-way which is pro~losed to be vacated. The areas are remnants of a section of former Fifth Street clnd an alley which are no longer in use. The staff therefore recommends approval of this request. ALTERNATIVES: 1. Recommend the City C:>uncil approve the proposed vacation a~ presented or with changes recomrhended by the Commission. Continue the discussion to a date and time certain to allow the staff to provide additional infcfmation specifically requested by the Planning Commission. Based upon expressed findings of fact, recommend the City C:>uncil deny part or all of the applic;ations based upon inconsistency of the proposal with specific regulatiomi of the Zoning and Subdivision Ordinances and/or specific policies of the Comprehensive Plan. 2. 3. RECOMMENDATION: The staff recommends Alternative #1. ACTION REQUIRED: Motion and second to recom nend the City Council approve the vacation of the areas of right of way. 1:\06 files\06 vacations\midwest military\pc repOl t.doc 2 VACATION OF RIGHT OF WAY FORMER FIt- I H STREET AND ALLEY N -t~ , I Right-of-way areas to be ilacated o ~ 00 100 Feet ~ Valley Surveying Co., ~ A . SUITE 120-C. FRANKLIN TRAIL OFFICE CONDOMINIUM 16670 FRANKUN TRAIL 5.E. I PRIOR LAKE. MINNESOTA 55372 iTELEPHONE (612'447-2570 I ..",. '78.40". ,;.:'~l_J /.,:r" I' / // I;: r 106,,,,'00. /' f: r ~~ !lli /,~./~" /" I! '/" / ",'" /':!>- A. ,,'" ~ / ~ Ii paR-"" LIlT /'" 0. ____u _'. ... _ ._I.~ .,1'. ..,..facl ( /.:.~!. .-..17 I' :_~. :" \ " ,o~;". 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