Title
RESOLUTION VACATING PLATTED RIGHT OF WAY FOR UNIMPROVED ALLEY BETWEEN 40TH AND 41ST AVENUE EAST, AND JAY AND DODGE STREET.
Body
CITY PROPOSAL:
RESOLVED, that:
(a) The city council finds a sufficient petition was filed with the city requesting the vacation described in (d) 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 this portion of the street easement is useless for all purposes; and
(c) The city planning commission, at its Tuesday, December 8, 2015 regular meeting, recommended approval of the vacation petition; and
(d) The city council of the city of Duluth approves the vacation of the platted ally easement, described below:
VACATION DESCRIPTION
The 20.00 foot wide alley lying in Block 104, LONDON ADDITION TO DULUTH, according to the recorded plat thereof, St. Louis County, Minnesota. Said Alley vacation contains 8000 sq. or 0.18 Acres.
(e) 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 platted easement to be vacated.
Statement of Purpose
STATEMENT OF PURPOSE: The resolution vacates an approximately 400 feet of the platted right of way for the unimproved alley between 40th and 41st Avenue East and Jay and Dodge Street. One Roof Community Housing, in conjunction with the City of Duluth, will pursue a housing development project on this site next year (approximately nine new single family homes).
This vacation, if approved, will not deprive any currently platted lots of access to a public right of way, and will not result in any dead-ends. The unimproved alley is not and will not be needed for the safe and efficient circulation of automobiles, trucks, bicycles or pedestrians or the efficient supply of utilities or public services in the city.
On December 8, 2015, the Duluth city planning commission will hold a public hearing on the proposal, and will make a recommendation to the city council. The planning commission meeting will not take place until after the deadline for resolution submissions for the Tuesday, December 14, 2015, city council meeting.
The motion to approve the vacation by the city council must prevail with at least six affirmative votes.
Petition Received: November 23, 2015
Action Deadline: March 22, 2016
Petitioners:
One Roof Community Housing
Cliff Knettel, Deputy Director
12 East Fourth Street
Duluth, MN 55805
City of Duluth
Keith Hamre, Director of Planning Construction Services
411 West First Street, Room 208
Duluth, MN 55802
PL 15-178