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. . . ARDEN HILLS CITY COUNCIL - JUNE 14, 1999 3 The excess right-of-way on the east side of Oak A venue was not reviewed at that time. The applicant discovered the excess right-of-way when they requested a building permit for an addition to their home at 1535 Oak Avenue. The proposed addition would be less than the required 40 foot front yard setback, with the existing property. The vacation of the excess street right-of-way would eliminate the need for a variance and allow the applicant to proceed with the proposed addition. The City Council may by resolution vacate any street, on its own motion, or on petition of a majority of the owners of land abutting the street. There are two abutting landowners, the applicant and his neighbor, Mr. Shepley, immediately across the street. The applicant, with his application, has supplied a letter from Mr. Shepley in support of the vacation request. Ms. Randall advised that the Planning Commission recommended approval of Planning Case #99-08, for the vacation of excess right-of-way for Oak Avenue, subject to the recording of the vacation with Ramsey County. Additionally, staff recommended that the City Council adopt Resolution #99-18, ifthe City Council approves the vacation. Mayor Probst stated that he was supportive of the request. He noted that with the realignment of Oak Avenue, one other property owner was affected with excess right-of-way. He asked if the City Staff is considering any action to vacate this excess right-of-way as well. Ms. Randall explained that with this application, the applicant was only requesting the vacation of the right- ot~way portion in front of his home. There is a small area to the south, which could also be vacated. She indicated that the Staff could prepare the legal work in order to vacate this additional small amount of right-of-way, ifthe Council so desired. Councilmember Larson asked if the area at the intersection of Oak Avenue, north of County Road E was City right-of-way. Ms. Randall stated that this area is City right-of-way. She noted that the alignment of the street is actually straighter than it appears on the map. What was being shown was prior to the street realignment in 1996. Mr. Fritsinger stated that, as part of the road reconstruction project, there were two areas of conditional easement, which had to be obtained from property owners. MOTION: Counci1member Aplikowski moved and Councilmember Larson seconded a motion to approve Planning Case #99-08 and adopt Resolution #99-18, for the vacation ofthe excess right-of-way for Oak Avenue, subject to recording the vacation with Ramsey County. The motion carried unanimously (4-0). Mayor Probst asked Staff to inform the other property owners in the area that have excess right- of-way in front of their homes that, ifthey have an interest in pursuing a vacation of right-of- way, they can do so. B. Arden Oaks Playstructure Replacement Mr. Fritsinger explained that, as part of the 1999 budget process, the Capital Improvement Plan allocated $15,000 for the replacement ofthe playstructure at Arden Oaks Park. The existing playstructure was installed in the summer of 1985 and is at the end of its useful life.