Vacate-2nd St. S.•
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PLANNING COMMISSION
REPORT NO: VAC86 -2
Planning Commission Report
VACATE SECOND STREET SOUTH
Between 9th & 11th Avenues South
No.
November 14, 1986
PURPOSE: To review and recommend action on a request to
vacate Second Street South between 9th and 11th
Avenues.
BACKGROUND:
Name of Applicant: Midwest Auto Malls
Address of Property: Northeast corner of
11th Avenue South & County Road 3.
Present Zoning: B -
Nature of Request: To vacate Second Street
South
Reason for Request: To allow construction of
an Auto Mall
This vacation is in conjunction with the Conditional
Use Permit request to construct an Auto Mall. The
vacation is necessary to allow the proposed development
parking along County Road 3. Currently there is a
water main under Second Street, however this will be
removed. The subject street is currently used for
access to the adjacent property to the north.
ANALYSIS: Second Street South was dedicated in the plat
of West Minneapolis as a 60 foot street. The northerly
20 feet of Second Street South was vacated many years
ago. The south 10 feet of the north 1/2 would revert
back to the adjacent property. This vacation does
create a problem. If Second Street is vacated, the fee
title to the south 30 feet will revert back to the City
because it owns the adjacent land to the south (County
Road 3). The westerly half of the above is owned by
the City by State Tax Deed. This deed may not allow
the City to sell the land. If the City does not need
the land for public purpose it may revert back to the
state.
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VAC86 -2
Page 2
]t may be possible to have the fee title revert to the
applicant if vacated. If the Commission decides to
pursue this action, the matter should be referred to
the City Attorney to negotiate with the proper
authorities to see if the applicant can secure the fee
title.
Another solution if the applicant cannot secure fee
title is to give the applicant a permanent or long term
lease of Second Street. A similar lease was arranged
for the Andrew building to the east.
With the proposed upgrading of the intersection, it
will be required to take part of the applicants land
along 11th Avenue. The enclosed map is the proposed
land swap to allow the upgrading of 11th Avenue and to
allow the applicant to use the cities part of the
vacated Second Street South.
ALTERNATIVES:
1. Refer the matter to the City Attorney to
work with the proper authorities to have the
fee title revert to the applicant if vacated.
2. Disapprove and refer the matter to the
City Attorney to prepare a long term or
permanent lease.
3. Disapprove. If this is done the proposed
project cannot be constructed.
RECOMMENDATION: I recommend Alternative #1, subject to
the Ability to deed the land to the Auto Mall. If that
solution is not possible then I would recommend
Alternative #2. A similar lease was done at the Andrew
Building which seems to be working well for both
parties. The following area suggested Findings of Fact
and Conditions should the Commission recommend to
approve the vacation:
1. There exists a lack of public need for
Second Street South.
2. The vacated right -of -way provides the
necessary parking for the proposed plan.
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VAC86 -2
Page 3
Condition:
1. That the vacation be referred to the City
Attorney for processing.
Respectfully submitted,
v 1 a�Y V�� J ouaQ1
Nancy Anderson
Community Development
Analyst
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STn PLAN
AUTO MALL
%ESOTA .
NORTH 20 'E1 PREVIOUSLY VACATED
E.,-tiE SOUTH 10 FEET OF NORTH 20.: FEra TO BE VACATED
zmita SOUTH 30 FEET TO BE VACATED
LAND TO BE SWIPED BY THE APPLICANT
VACATION OF 2nd STREET