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-4- Mrs. Demos stated that if the Planning Commission were to reconunend approval of the rezoning request and the request were approved by the Village Cotulcil that all the Village would be doing is increasing the cost of the right-of-way to the State Highway Department and in turn to the Minnesota taxpayer. Recommendation Mr. V. Johnson moved and Mr. G. Johnson seconded, that the Cormnission recormnend denial of Marie Slawik's request for rezoning from I-I to B-3, special use permit, division of lot and variances at 2691 North Snelling. Roll Call, Ayes: Eagles, Kellett, G. Johnson, V. Jolmson, Demos and Pope. Nays: Membrez. Planning File 772 - Vacation of Fernwood between COtulty Road B-2 and Sextant Presentation Mr. J:im Wilson, who proposes to purchase the lot adjacent to Fernwood Avenue, indicated that he intends to construct a home on the lot. He stated that the reason he would like Fernwood vacated is because there is a sewer easement which bisects the lot he proposes to build on and the additional property which would be provided by the vacated Fernwood is necessary to provide the setbacks required. Discussion Mr. Honchell indicated that if the vacation were approved and the lot were utilized for construction of a home that there would be approx:imately $1,313 of special assessments that would be due the Village. These assessments have not been paid because the lot was considered to be unbuildable due to the sewer easement. Mr. Pope indicated that if the vacation were to be granted that the Village would lose all public access to the pond at that point. Mr. Membrez stated that he would not be in favor of vacating Fernwood. He indicated that the Village had paid approx:imately $2,500 in damages for the easement in 1960, and had for all practicable purposes purchased the lot, although we did not receive fee title. Mr. Dahlgren expressed concern about the deleterious effect of the construction of a house 60 close to the pond. He stated that one of the primary purposes of open space is that it be seen. The construction of another home in that area would decrease the visibility of the pond and park area for those people driving on County Road B-2. Mr. Dahlgren also indicated that the Village might want to utilize the right-of-way for purposes of bikeways or pedestrian walkways arotuld the pond and in through the park area. Mrs. Demos indicated that she was opposed to the granting of the vacation. Reconunendation Mr. Membrez moved and Mr. Kellett seconded, that the Canmission recamnend denial of the vacation of Fernwood between County Road B-2 and Sextant. Roll Call, Ayes: Eagles, Kellett, G. Johnson, V. Johnson, Memlrez, Demos and Pope. Nays: None.