7.1. SR 01-04-2016 - Laserfiche WebLink

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Request for Action To Item Number Mayor and City Council 7.1 Agenda Section Meeting Date Prepared by Public Hearings January 4, 2016 Zack Carlton, Planning Manager Chris Leeseber , Senior Planner Item Description Reviewed by Request by Ronald and Paula Dargis to Vacate City Peter Beck, City Attorney Reviewed by Right -of -Way East of 1946 Main Street NW Cal Portner, City Administrator Action Requested Deny, by motion, the street vacation for the following reason: 1. The street vacation is not in the interest of the public, as required by state statute. Background/Discussion Case No. EV 15-09 The applicants have requested that the city vacate the right-of-way (identified as York Avenue) between Main Street and Lake Orono. The right-of-way was originally platted as part of the Town of Orono plat and has been utilized by the applicants as yard space and ingress/egress to their property since purchasing the property at 1946 Main Street in 1982. The home was constructed in 1974 and the survey submitted as part of the building permit application shows a short driveway from the garage east to the York Avenue right-of-way. At the time of building permit application the right-of-way served as a public boat launch to Lake Orono. Access to the property likely came from an improved surface serving the launch. The access point was closed by Council action on June 7, 1976. Staff visited the property in October 2015, and confirmed a fire pit, dock, and driveway are located on the York Avenue right-of-way. It was also noted that remnants of the concrete boat landing are still in place. Previous City Council Discussions The subject property has been discussed by the Council 13 times, and all but one of these occurred between 1974 and 1979 and involved the boat landing located on the parcel. The boat landing was closed in 1976 and requests to re -open the boat landing in 1976 and 1979 were denied by the Council. During the meeting on September 17, 1979, the Council noted that the property could be utilized for emergency services as needed. The Council minutes from the previous discussions are attached in the information submitted by the Dargises and their Attorney Jim Neilson. The most recent discussion occurred on January 17, 2006, where Ron Dargis (current applicant) requested that the right-of-way be vacated. During that meeting two residents spoke, one opposing the vacation and requesting to use the parcel as a boat landing, and the second concerned about future construction on the lot. The Council asked about similar rights-of-way between Main Street and Lake p0WIREU 6r 1`4ATURE]