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CR 2013-081 Vacate Alley - 612 - 11th Ave SouthAugust 1, 2013 Council Report 13-81 VACATE ALLEY — 612 -11TH AVENUE SOUTH Proposed Action Staff recommends the following motion: Move to adopt Resolution 13-46, approvinC7 Ordinance 13-1065, approving the vacation of part of an alley abutting 612 - 11`1' Avenue South for first reading. At the Zoning and Planning meeting, Mr. Kuznia moved and Mr. Firth seconded a motion to adopt Resolution RZ13-8, recommending approval of Ordinance 13-1065, approving the vacation of part of an alley abutting 612 - 11th Avenue South. The motion was approved unanimously. Overview Ed Stiele, the owner of 612 - 11th Avenue South, is requesting the vacation of the alley to the west of his building. The alley is 14 feet in width and is not improved. The two property owners to the west of the abutting alley have agreed to the vacation. The abutting property owner will receive %Z of the alley. The public works department has reviewed the vacation and determined that there is no public purpose for the alley. Primary Issues to Consider • 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? • What is the staff recommendation for the vacation? • What were the responses from the utility companies regarding the vacation? • What was the discussion at the Zoning and Planning meeting? Supporting Documents • Analysis of Issues • Resolution 13-46 • Ordinance 13-1065 Nanc Anderson AICP City Planner Financial Impact: $ N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CR13-81 Page 2 Primary Issues to Consider • What is the zoning of the property, and how has the Comprehensive Plan designated the subject site? The zoning of the property is I-2, General Industrial. The Comprehensive Plan designation is Industrial. • Is the alley needed for a public purpose? The public works department reviewed the proposed vacation and determined that the portion of the alley to be vacated is not needed for a public purpose. • What is the staff recommendation for the vacation? Staff is recommending approval of the vacation. • What were the responses from the utility companies regarding the vacation? As of the date of this report, Comcast is requiring a drainage and utility easement and Excel Energy has required an easement for overhead utility lines. • What was the discussion at the Zoning and Planning meeting? Ms. Anderson reviewed the proposed vacation with the Commission. Ms. Anderson noted that Comcast and Excel Energy have requested easements. Ed Stiele, the applicant, appeared before the Commission. No one appeared at the public hearing. Alternatives 1. Approve the vacation of the alley. By approving the vacation, the alley will be vacated. 2. Deny the vacation of the alley. By denying the vacation, the alley will not be vacated. 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. 06/19/2013 13:33 7634124090 ANDEHSLJN EN(alNEEHING r'AUE b1/b1 ALLEY VACATION EXHIBIT N 1 u 1T1 r f7 WE -0 s 09 LIQ EASTERLY EXTENSION OF THE I NORTH LINE OF LOT 20 I r� PROPOSED VACATION PROPOSED DESCRIPTION That part of the alley of Block 57, WEST MINNEAPOLIS, according the rec rded plat thereof, Hennepin County, Minnesota, lying north of the easterly extension of the orth line of Lot 20, said Block 57, 0 50 SCALE IN FEET A N D E RS N 103651 st Avenue Norrthf Mlnnasola, LLC 4- =. ENGINEERI G Ply a'it,MN 55441 ENGINEERING • ARCHITECTURE - LAND SU VEYING 7634124000 (o) 763-412-4090 (f) ENVIRONMENTAL SERVICES - LANDSCAPE ARCH RE KNYW,2e•mn.COm � I JZ4kK�, S E7, Q6 GP -4 AL L-ty -TD C j'Dq--13 ff .14 c-yz� IV &IPT �B-1 GP -1 OPERATIONS AREA B-2, DRY CLF-.-MNING MACHINF.Rl' GP -3 :ma 0 O 6TH STREET SOUTH I X, LEGEND: 0 25 so NOVA PROBEIWELL (1999) OO APPROX. SCALE IN FEET JAVELIN PROBE/WELL(21008)APPROX. ROBE/WELL (21008) THE SOIL PROBE LOCATIONS FEB - 08J REAL ESTATE TOWN & COUNTRY CLEANERSS AN/ELlr%J 612 11TH AVENUE SOUTH PROJECT # HOPKINS, MINNESOTAESOTA 2007-POI97-0068 FIGURE 2 c; R-(3 u p DUE DILIGENCE CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 13-46 RESOLUTION MAKING FINDINGS OF FACT AND APPROVING AN ALLEY VACATION WHEREAS, an application for Vacation VAC 13-2 has been made by Ed Stiele; WHEREAS, the procedural history of the application is as follows: 1. That an application for a vacation of the alley was made by Ed Stiele on July 3, 2013; 2. That the Hopkins Zoning and Planning Commission, pursuant to mailed and published notice, held a public hearing on the application and reviewed such application on July 3, 2013: all persons present were given an opportunity to be heard; 3. That the written comments and analysis of City staff were considered; and 4. Legal description of the alley to be vacated is as follows: That part of the alley of Block 57, West Minneapolis, according to the recorded plat thereof Hennepin County, Minnesota, lying north of the easterly extension of the north line of Lot 20, said Block 57 NOW, THEREFORE, BE IT RESOLVED that the application for vacation VAC 13-2 is hereby approved based on the following Findings of Fact: 1. That the above-described alley is not needed for a public purpose. BE IT FURTHER RESOLVED that application for variance VAC13-2 is hereby approved based on the following condition: 1. That the applicant grants Comcast a drainage and utility easement. 2. That the applicant grants aneasement to Xcel Energy for the existing overhead electric facilities. Adopted this 5th day of August 2013 Eugene J. Maxwell, Mayor ATTEST: Kristine A. Luedke, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2013-1065 ORDINANCE VACATING AN ALLEY 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: That part of the alley of Block 57, West Minneapolis, according to the recorded plat thereof Hennepin County, Minnesota, lying north of the easterly extension of the north line of Lot 20, said Block 57 be vacated as an alley. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Kristine Luedke, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date August 5, 2013 August 20, 2013 August 29, 2013 August 29, 2013 Eugene J. Maxwell, Mayor