Loading...
CR 91-106 Vacate Street - 14th Ave , , . . . 1 Y o May 1, 1991 m ~r '" o P K \ ~ council Report 91-106 VACATE STREET - 14TH AVENUE ProDosed Action. staff recommends approval of the following motion: Move to adopt Resolution R91-63 approving the first readinq of Ordinance 91-674 approvinq the vacation of a portion of 14th Avenue South. Approval of this motion will accomplish the first step in vacating 14th Avenue South. The Zoning and planning commission unanimously approved Resolution RZ91-B recommending Ordinance 91-674 to vacate a portion of 14th Avenue South. Overview. Lambert Landscaping was located at the city landfill in Because of orders from the PCA the City terminated Lamberts Landscaping and all other businesses from Lambert Landscaping has moved its operation to 1402 5th south Hopkins. the lease of the landfill. Street South. In conjunction with the site plan submitted by the applicant he is also proposing to utilize 1/2 of 14th Avenue. This property was also utilized by the former owner of the subject site although it was never vacated. 14th Avenue is currently fenced on the applicants site. When vacating a right-of-way the property owner on each side receives 1/2 of the right-of-way. In this case the applicant will receive the west 33 feet and the property owners to the east will receive the east 33 feet. The Staff reviewed the right-of-way to be vacated. It was noted that the abutting property owner had been notified that he would receive 1/2 of the vacated right-of-way. There was little discussion on this item at the Planning commission. Primary o o o o Issues to Consider. Is the right-of-way needed for a public purpose? Does the right-of-way provide access to the abutting property? Are there any utilities in the right-of-way? Have there been any comments from adjacent property owners? supporting Documents. o Detailed Background o Analysis of Issues o Alternatives o Resolution No. Z91-8 . . . CR: 91-106 page 2 Primary Issues to Consider. o Is the right-of-way needed for a public purpose? 14th Avenue in this area abuts the entire length of the applicants site. South of the applicants property, 14th Avenue has been vacated. It would be difficult to construct this roadway at a future date because of the previous vacation of 14th Avenue. The City Engineering Department has reviewed this request and determined that there appears to be no reason to construct 14th Avenue. o Does 14th Avenue provide access to the abutting property? Due to a prior vacation, 14th Avenue is only 248 feet in length. 14th Avenue does not provide access to the applicants property nor does it provide access to the property to the east. Access to both of these sites is from 5th street. o Are there any utilities in the right-of-way? To the staff knowledge there are no utilities in the right-of-way. The utility companies have been notified of the vacation. Staff is requesting that if 14th Avenue is vacated, the city retain an easement for utilities in the future. o Have there been any comments from adjacent property owners? I have received a couple of phone calls from adjacent property owners. They were concerned about the appearance of the site. Alternatives. 1. Approve the vacation of 14th Avenue. By approving the vacation the applicant will able to utilize the vacated avenue for part of his contractor's yard. 2. Deny the vacation of 14th Avenue. By denying the vacation the applicant will have to modify the site plan to reflect the deletion of 33 feet on the east side of the property. 3. continue for further information. If the City council indicates that further information is needed to make a recommendation, the item should be continued. . . . CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 91-63 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN APPLICATION FOR VACATION OF 14TH AVENUE SOUTH LYING SOUTH OF 5TH STREET SOUTH WHEREAS, an application for vacation of 14th Avenue South lying of 5th Street South in Block 2, L.P. Crevier's Addition to West Minneapolis entitled VAC:91-2 made by Lambert is approved. south First Cliff WHEREAS, the procedural history of the application is as follows: 1. That an application for vacation of 14th Avenue South lying south of 5th street South, Block 2, L.P. Crevier's First Addition to West Minneapolis, VAC:91-2 was filed with the city of Hopkins on February 12, 1991. 2. That the Hopkins Planning Commission reviewed such application on March 26, 1991. 3. That the Hopkins Planning Commission, pursuant to published and mailed notices, held a hearing on March 26, 1991: all persons present at the hearing were given an opportunity to be heard. 4. That the written comments and analysis of the City Staff and the Planning commission were considered. NOW THEREFORE BE IT RESOLVED, that application for VAC:91-2 is hereby approved subject to the following Findings of Fact: 1. That the right of way is not needed for a public purpose. BE IT FURTHER RESOLVED, that application for VAC:91-2 is hereby approved subject to the following Conditions: 1. That the city retain an easement for future drainage and utility purposes. 2. That the Conditional Use Permit is approved. Adopted this 7th day of May, 1991. Nelson W. Berg, Mayor ATTEST: James A. Genellie, City Clerk 1. e CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO, 91-674 ORDINANCE VACATING A PORTION OF 14TH AVENUE SOUTH LYING SOUTH OF 5TH STREET SOUTH BLOCK 2, L.P. CREVIER'S FIRST ADDITION, WEST MINNEAPOLIS 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: That portion of vacated 14th Avenue South lying south of the south line of 5th Street South and terminating at the Easterly Extension of the south line of lot 5, Block 2, L.P. Crevier's First Addition to West Minneapolis. be and the same is hereby vacated as a public thoroughfare. . First Reading: May 7, 1991 Second Reading: May 21, 1991 Date of publication: June 5, 1991 Date Ordinance Takes Effect: June 25, 1991 Nelson W. Berg, Mayor ATTEST: James A. Genellie, city Clerk .