CR 95-179 Alley Vacation
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October 12, 1995
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Council Report CR95-179
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ALLEY V ACA TION
Proposed Action.
Staff recommends approval of the following motion: Move to approve Resolution 95-90.
approving Ordinance 95-776 to vacate the north/south alley in Block 3, West Minneapolis. for
second reading and order it published.
Overview.
There is presently a public alley located on the east side of the old Bursch building. At the
time the theater was proposed by Marcus Corporation, the alley was in the process of being
vacated. Because the theater project was never completed, the second reading was never
held.
Dale Lommen has purchased the building and is in the process of remodeling. Mr. Lommen is
proposing a small addition on the east side of the building. This addition will be within two
feet of the rear lot line and the alley. The Zoning Ordinance requires a rear yard setback of
ten feet; therefore, the proposed addition necessitates the vacation of the alley.
Primary Issues to Consider.
o Is the alley needed for a public purpose?
o Is there an impact to the surrounding properties with the alley vacation?
o Are there any utilities located in the alley?
Supportinz Documents.
o Analysis of Issues
o Resolution 95-90
o Ordinance 95-776
~tJ A (WomOQ
Nanc S. Anderson, AICP
Planner
CR95-179
Page 2
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Primary Issues to Consider.
o Is the alley needed for a public purpose?
The purpose of the alley remaining was to allow access for fire vehicles and to provide a
location for the utilities. With the vacation, easements will be granted for access and utilities.
o Is there an impact to the surrounding properties with the alley vacation?
This alley does not provide access to anything other than the parking lot and a fire access.
The apartments to the east do not require access to their underground garage from this alley.
The tenants have access to their underground garage from 7th Avenue.
o Are there any utilities located in the alley?
The only other major issue relates to utilities located in this alley. The alley presently contains
a storm sewer and an NSP overhead line. A utility easement will be retained for the NSP line
and the storm sewer. The applicant will also be providing a ten-foot easement on the east side
of the alley for access to the storm sewer.
Alternatives.
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1. Approve the second reading of the vacation. By approving the second reading of the
alley vacation, the north-south alley on the east side of the Bursch property will be
vacated. With this vacation, the applicant will be able to construct the proposed addition.
2. Deny the second reading of the alley vacation, By denying the second reading of the alley
vacation, the alley will not be vacated. If the City Council considers this alternative,
findings will have to be identified that support this alternative. Such action would prevent
Mr. Lommen from completing the improvement as proposed.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued. It needs to be noted that with this action Mr.
Lommen will not be able to complete improvements to the rear of his building this year,
due to the upcoming cold weather, which could result in the loss of a tenant.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 95-90
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VACATION OF THE NORTH/SOUTH ALLEY IN BLOCK 3, WEST
:MINNEAPOLIS
WHEREAS, a second reading needs to be held regarding the vacation of a portion of the
north/south alley in Block 3, West Minneapolis; and
WHEREAS, the procedural history of the application is as follows:
1. That an application for vacation of the north/south alley in Block 3, West Minneapolis,
V AC 91-1, was filed with the City of Hopkins on January 10, 1991.
2. That the Hopkins Planning Commission, pursuant to published notice, held a public
hearing on the application and reviewed such application on February 26, 1991: all
persons present were given an opportunity to be heard.
3. That the first reading for the proposed alley vacation was held on March 5, 1991.
4. That the written comments and analysis of the City Staff were considered.
NOW, THEREFORE, BE IT RESOLVED that the vacation of a portion of the north/south alley
in Block 3, West Minneapolis, is hereby approved based on the following Findings of Fact:
1, That the alley is not needed for a public purpose.
BE IT FURTHER RESOL VED, that the vacation of a portion of the north/south alley in Block 3,
West Minneapolis, is hereby approved subject to the following conditions:
1. That the applicant provide an utility easement for the NSP line to the appropriate party.
2, That the applicant provide a utility easement for the storm sewer as determined by the
City.
3. That the applicant provide an access easement to the City,
Adopted this 17th day of October, 1995.
Charles D. Redepenning, Mayor
ATTEST:
James A GeneIlie, City Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 95-776
AN ORDINANCE VACATING PORTION OF THE NORTH-SOUTH ALLEY IN BLOCK 3,
WEST MINNEAPOLIS CENTER
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following described thoroughfare in the following designated area of the City of
Hopkins.
All that portion of the North-South alley lying south of a line drawn across said
alley from the northwest corner of Lot 8 to the northeast corner of Lot 45, and
lying north of a line drawn across said alley from the southwest corner of Lot 10 to
the southeast corner of Lot 43, all in Block 3, West Minneapolis, Hennepin
County, Minnesota.
be and the same is hereby vacated as a public thoroughfare.
First Reading:
March 5, 1991
Second Reading:
October 17, 1995
Date of Publication:
October 25, 1995
Date Ordinance Takes Effect:
November 14, 1995
Charles D. Redepenning, Mayor
ATTEST:
J ames A. Genellie, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature
Date