CR 2003-171 Request for Temporary Use of Unimproved Alley right of wayNovember 14, 2003
Proposed Action.
CITY p
Overview.
1 OPKINS
Council Report 2003 -171
Request for temporary use of unimproved alley right of way
Staff recommends the following motion: Move that Council permit use of the
unimproved alley right of way adjacent to 9 Van Buren Avenue South provided
RV parking ordinance requirements are met, objecting neighborhood residents'
concerns are addressed and the owner enters into a license agreement with the
City.
The owner at 9 Van Buren Avenue South has requested temporary use of a
section of unimproved alley right of way created by the ongoing Excelsior
Boulevard improvement project. The owner would like to park a 30' +/- long
motor home in this area. The owner has, with city staff approval, been parking
the motor home on a portion of the right of way since removals and construction
work was completed in October. Residents of the Presidential Area
neighborhood have objected to this use of the space. City staff recommends the
temporary use be allowed, with conditions, as there are several areas of the city
where adjacent property owners maintain and passively use unimproved alley
right of way areas. The city monitors and enforces the use of these right of way
areas on a complaint basis. The city retains jurisdiction of these spaces as the
manager of all public rights of way within the city.
Primary Issues to Consider.
• Detailed background
• Options — staff recommendation
Supporting Information.
• November 3, 2003 letter from owner of 9 Van Buren Avenue
• Photographs from alley area
Proj; ct drawing
1 1111
Steven J. Stadler
Public Works Director
Council Report 2003 -171
Page 2
Analysis of Issues.
• Detailed Background.
During Excelsior Boulevard project development, there was much discussion
about the alley right of way areas that would become unimproved, grass
areas once the concrete alley sections were removed. There was
consideration and discussion on vacating these areas. There was concern
regarding the new traffic flow restrictions created by eliminating the T -end of
these alleys. It was ultimately decided that the city would delay any decision
on vacation until after it was demonstrated that the new alley configuration
would be acceptable from a traffic flow standpoint.
This resident requested approval for partial use of the right of way to park a
motor home. Staff gave that approval provided the RV parking ordinance
visual screening requirements were met.
Because of the reconfiguration of the alley pavement, the Excelsior Blvd
contractor was required to modify some of the existing driveways to provide
garage access. These extended driveway areas are on the now - unimproved
rights of way. The driveway at 9 Van Buren was one of those extended. In
addition, a gravel - parking pad for the motor home was installed as an
extension from the asphalt driveway. The parking pad is located partially on
the public right of way.
Staff believes that the unimproved alley area on the homeowner side of the
screen fence was never intended to be public "green" space. Rather, it was
thought that the adjacent property owner would maintain this area until such
time, if ever, that the city decided to vacate the land. It would be difficult for
the public to know where the property line lies in these grass areas on the
south side of the screen fence. The area for public use was to be the
landscaped parkway space with the multipurpose trail on the street side of
the screen fence.
• Options
1) Deny request for use of right of way.
2) Deny request for use and direct staff to begin process for vacation of the
unimproved rights of way.
3) Approve request, per staff recommended motion.
4) Approve request and direct staff to begin process for vacation of the
unimproved rights of way.
4 , Nov. 3, 2003
City of Hopkins
1010 First St. So.
Hopkins, MN 55343
Attn: Gene Maxwell, City Counsel, Steve Mielke, Steve Stadler
I live at 9 VanBuren Ave So. and my property is adjacent to the now unimproved alley
right of way. I would like to temporarily use the alley right of way to park my RV/Motor
home until such time the city decides to vacate the property.
If I am granted use I intend to meet screening requirements for RV parking. I have been in
touch with Nancy Anderson about these requirements. I have already spent over
$ 5,600.00 to meet screening requirements on the south side of my property and to raise
the grade so I don't have flooding problems.
My driveway abuts the alley and in the past 17 years my property was routinely used by
the turning traffic, since the garage on the other side of the alley made it difficult, if not
impossible for some vehicles to make the turn.
The alley change has blocked the access to my property where I have parked my RV for
years. Even now parking access in the alley right of way is difficult and somewhat tenuous
at best.
Pat Sanders
,/,',/,e-:,10 •
:0 .." 7 , •
110
•
d
• ,
AlkA4v--
•
, • „ s „ • ,
•
' • . ' • ' • ••,•ss • • • ""
,
w'
„ . ""s•
A
" • ".
§:T • • '„ „ I
4 ‘ ;'r,.** - fget4pri•M
• • • •
. *a%
•
APRA, ;::.......
i,(00 Jai !, ,
•
Li j2 - N°- ' 44. 1 01 4,1241 64.+
• .•iiP . y
LPL �� / ��rc'•
•
•
0
,..,••••••• •,•
7
•
1,4
LU
> i
w
0
LI
v 0
B - - '•
_ - _ - -
7—
C
fl
TEMP. BIT. COMPLETED DURING STAGE 2
PLACE TEMP. CONC. BARRIER TO DELINIATE
ROADWAY DURING WINTER.
COROT. LIMIT
l Oo4Anprot. Ace/ r: o k
a - - - -- ti=
o GBA: _
NOTE.
INCLUDING CONTROL CENT EGIIION OF MANUAL TCD
AL FOR
TEMPORARY TRAFFIC CONTROL .
mmnesm<
•CT
T.
rn
DI