Title
RESOLUTION VACATING CERTAIN ALLEYS IN BLOCK 4, NORTONS FAIRMONT PARK DIVISION OF DULUTH, SUBJECT TO THE RETENTION OF DRAINAGE AND UTILITY EASEMENTS OVER, UNDER AND ACROSS THE SAME.
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CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (e) below; and
(b) Pursuant to Section 100 of the City Charter and Section 50-37.6 of Chapter 50 of the Duluth City Code, as amended, such petition was duly referred to the city planning commission and such commission gave due notice of public hearing and did consider same in a public hearing and the city planning commission found that the petitioned alleys are not needed for street or pedestrian use; and
(c) The city planning commission, at its Tuesday, December 12, 2023, regular meeting, recommended approval of the vacation petition (PL 23-199); and
(d) The city council finds that the alleys proposed to be vacated:
1. are not and will not be needed for vehicular or pedestrian purposes; and
2. are not otherwise needed to promote the public health, safety or welfare of the citizens of Duluth.
(e) The city council of the city of Duluth approves the vacation of the alleys legally described and depicted on the attached Exhibit A, subject to the retention of drainage and utility easements over, under and across the same; and
(f) That the city clerk is, pursuant to Section 100 (b)(7) of the Home Rule Charter of the city of Duluth, 1912, as amended, authorized to record, with the register of deeds and/or the registrar of titles of Saint Louis County, Minnesota, a certified copy of this resolution showing the easements to be vacated and easements to be retained; and
(g) That the vacation shall lapse if this resolution is not recorded within 90 days of city council approval.
Statement of Purpose
STATEMENT OF PURPOSE: This resolution vacates certain portions of platted alleys in Block 4 of the plat of NORTONS FAIRMONT PARK DIVISION OF DULUTH. The petitioner owns property on both sides of the alleys. The petitioner would like to combine parcels to allow for construction of an accessory structure. The platted alleys have a drainage ditch running through them and does not provide access to neighboring properties. They are not needed for street or pedestrian use. An easement will be retained for utility and drainage purposes.
On December 12, 2023, the Duluth city planning commission held a public hearing on the proposal, as shown in the staff report attached as Exhibit B, and voted 7 yeas, 0 nays, and 0 abstentions to recommend the city council approve the vacation petition.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
Petition Received: November 6, 2023
Action Deadline: N/A
Petitioner: Darcy and Julie Sundin
PL 23-199