CR 98-127 Alley VacationJuly 30, 1998
Overview.
Primary Issues to Consider.
Nancy
Planner
ALLEY VACATION
Council Report 98 -127
Proposed Action.
Staff recommends the following motion: Move to approve Resolution 98 -50, approving
Ordinance 98 -815, vacating the alley west of 246 14 Avenue North.
At the Zoning and Planning meeting, Mr. Brausen moved and Mr. Gleeson seconded a
motion to approve Resolution RZ98 -16, recommending approval of Ordinance 98 -815,
vacating the alley west of 246 14 Avenue North. The motion was approved unanimously.
The applicant is proposing to buy three lots on the corner of 14 Avenue and Third Street
North. There is currently an unimproved alley on the lots the applicant is proposing to
purchase. The applicant is proposing to vacate the alley to the west of Parcels A and B and
attach this vacated alley to Parcel C. The alley is a 14 -foot wide alley. The applicant is
requesting that 93 -102 feet of the alley be vacated. The alley is currently not improved.
• What is the zoning of the property, and how has the Comprehensive Plan
designated the subject site?
• Is the alley needed for a public purpose?
• Have any of the utility companies objected to the vacation?
• What was the discussion at the Zoning and Planning meeting?
Supporting Documents.
• Analysis of Issues
• Resolution 98 -50
• Ordinance 98 -815
OA ' 111 J.1 ►.111
Anderson, AICP
CR98 -127
Page 2
Primary Issues to Consider.
What is the zoning and of the property, and how has the Comprehensive Plan
designated the subject site?
The zoning of the property is R -1 -A, single and two - family high density. The
Comprehensive Plan has designated the site as low density residential. Parcel C with the
vacated alley will be in conformance with both documents.
Is the alley needed for a public purpose?
The public works department reviewed the proposed vacation and determined that the alley is
not needed for a public purpose.
Have any of the utility companies objected to the vacation?
U.S. West and Northern States Power Company have notified the City that they have no
objection to the alley vacation.
• What was the discussion at the Zoning and Planning meeting?
Ms. Anderson reviewed the applicant's request for the alley vacation. Thomas
Daughenbaugh appeared before the Commission. Mr. Daughenbaugh reviewed the alley
vacation and the waiver of plat with the Commission. Mr. Daughenbaugh stated that he
wanted to construct a home on Lot B and live in it. He also stated that he did not know what
he would be doing with Lot C at this time.
John Berg of 205 15 Avenue North appeared before the Commission. Mr. Berg asked if
Lot C was a buildable lot without the alley vacation. Ms. Anderson stated that the lot was
buildable without the alley vacation.
Alternatives.
1. Approve the alley vacation. By approving the alley vacation, the alley will be vacated.
2. Recommend denial of the alley vacation. By recommending denial of the alley vacation,
the City Council will consider a recommendation of denial. If the City Council considers
this alternative, findings will have to be identified that support this alternative.
3. Continue for further information. If the City Council indicates that further information is
needed, the item should be continued.
Adopted this 4th day of August, 1998.
ATTEST:
Terry Obermaier, City Clerk
CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO: 98 -50
RESOLUTION MAKING FINDINGS OF FACT AND
APPROVING A VACATION OF THE ALLEY
ON THE WEST SIDE OF 246 14 AVENUE NORTH
WHEREAS, an application for Vacation VAC98 -1 has been made by Thomas
Daughenbaugh, and
WHEREAS, the procedural history of the application is as follows:
1. That Thomas Daughenbaugh made an application for Vacation VAC98 -1
on June 19 1998;
2. That the Hopkins Planning Commission, pursuant to mailed and published
notice, held a public hearing on the application and reviewed such
application on July 28, 1998: all persons present were given an
opportunity to be heard;
3. That the written comments and analysis of the City staff were considered;
and
4. A legal description of the alley to be vacated is as follows:
Alley in Block 93, WEST MINNEAPOLIS SECOND DIVISION,
Hennepin County, Minnesota.
NOW, THEREFORE, BE IT RESOLVED that application for Vacation VAC98 -1 is
hereby approved, based on the following Findings of Fact:
1. That the alley is not needed for a public purpose.
Charles D. Redepenning, Mayor
CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO 98 -815
ORDINANCE VACATING A PORTION OF THE
ALLEY TO THE WEST OF 246 14 AVENUE NORTH
THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS
FOLLOWS:
That the following described area of the following public alley in the City of Hopkins,
namely:
Alley in Block 93, WEST MINNEAPOLIS SECOND DIVISION, Hennepin County, Minnesota,
be vacated as a public alley.
First Reading: August 4, 1998
Second Reading: August 18, 1998
Date of Publication: August 26, 1998
Date Ordinance Takes Effect: September 15, 1998
ATTEST:
Terry Obermaier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
City Attorney Signature Date
Charles D. Redepenning, Mayor
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