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<br />e <br /> <br />CITY OF ARDEN HILLS <br /> <br />MEMORANDUM <br /> <br />DATE: <br /> <br />June 14, 1999 <br /> <br />TO: <br /> <br />I <br />I <br />Mayor and City Council j l. <br /> <br />Nancy Randall, Associate ~'::::7 <br /> <br />FROM: <br /> <br />SUBJECT: <br /> <br />Planning Case 99-08, Street Vacation <br />John Woitas, 1535 Oak Avenue <br /> <br />Request. The applicant is requesting the vacation of excess street right-of-way on a <br />single family lot zoned R-1. The excess street right-of-way is located just west of 1535 <br />Oak Avenue (Exhibit A). <br /> <br />e <br /> <br />Background. The City reconstructed Oak Avenue in 1996. At that time the City found <br />that Oak Avenue was built outside of the existing right-of-way for Oak Avenue. The <br />City Council determined that the general a1igrunent for the existing Oak A venue should <br />be maintained. Right-of-way was acquired on the west side of the road to accommodate <br />the new alignment. Additionally, on March 30,1999, City Council approved the <br />vacation of excess right-of-way on the west side of Oak Avenue with Planning Case 98- <br />08. (Exhibit B) <br /> <br />The excess right-of-way on the east side of Oak Avenue was not reviewed at that time. <br />The applicant discovered the excess right-of-way when they requested a building permit <br />for an addition to their home at 1535 Oak Avenue. The proposed addition would be less <br />then the required 40 foot front yard setback, with the existing property. The vacation of <br />the excess street right-of-way would eliminate the need for a variance and allow the <br />applicant to proceed with his proposed addition. <br /> <br />The Subdivision Ordinance Section 22-8 (c)(l) states the minimum street width shall be <br />60 feet. The applicant is showing a 66 foot wide street after the vacation which, is <br />consistent with the right-of-way in this area. <br /> <br />State Statutes Section 412.851 regulates the vacation of streets (Exhibit C). The City <br />Council may by resolution vacate any street, on its own motion or on petition of a <br />majority of the owners of land abutting on the street. There are two abutting land owners. <br />The applicant and his neighbor immediately across the street (Mr. Shepley), The <br />applicant, with his application, has supplied a letter from Mr. Shepley in support of the <br />vacation request. (Exhibit D). <br /> <br />e <br /> <br />As noted on the survey (Exhibit A) there is a parking area in the right-of-way. This issue <br />was not addressed at the time of reconstruction which may have been the opportune time <br />