Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator

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1 Item 3 To: From: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator Laura Oakden, Planner LLO Date: February 20, 2018 Subject: #LA , Allen Merrill, 1161 Elmwood Ave, Right of Way Vacation of Grand View Avenue, Public Hearing Application Summary: The applicant is requesting the City of Orono to vacate an unimproved platted right of way. Staff Recommendation: Planning Department Staff recommends denial. Background Allen Merrill of 1161 Elmwood Avenue is requesting to vacate the unimproved right of way that is directly abutting his property to the north of his rear lot. The right of way was originally a product of the Skarp & Lindquist s Fernhill plat. The applicant is requesting to vacate the right of way east from its intersection with Elmwood, approximately 135 by 20 feet. Mr. Merril desires to vacate the right of way gain a wider parcel to match the front of his lot. Exhibit D is the submitted project narrative. There is currently a lift station located in the Elmwood right of way just south of this unimproved right of way. The public works department is planning to place a generator in the area to support power to the list station. Attaching in Exhibit B shows the proposed location of the generator which in the east corner of the Grand View Ave right of way and the utilities improvements that would be needed. There is currently sanitary sewer that runs through the right of way as see in Exhibit B. There is some black top improvements over part of the area which functions as a turnaround area for vehicles and helps with space for snow removal. Applicable Regulations: MN State Statute VACATION OF STREETS. The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a

2 #LA February 20, 2018 Page 2 of 3 right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section, the council or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate: (1) the proposed vacation and the public benefits to do so; (2) the present and potential use of the land for access to public waters; and (3) how the vacation would impact conservation of natural resources. MN State Statue Subd. 7. Vacation. The governing body of a municipality may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways under a home rule charter or other provisions of law. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Orono City Code. Sec Vacation of streets, alleys and public grounds. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this chapter; except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two weeks' published and posted notice, all as required by Minn. Stat The council may vacate any publicly owned utility easement or boulevard reserve which is not being used for sewer, drainage, electric, telegraph, and telephone, gas and steam purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as boulevard reserve. Engineer/ Public Works Director Comments The right of way in question is in use for existing utilities and there are proposed future utilities plan for this space in the near future. Current plans have the generator at the far east end of the ROW. The west end of that ROW functions as a turnaround for the road since a cul-de-sac is not present. While there may be some benefit to the public in the future to adjust the right of way through a land swap to accommodate the improvements including the pavement outside of the right of way, that proposal has not been presented or proposed. If vacated, the city would need a utility and access easement possibly over the entire area. Staff Analysis This unimproved platted right of way has sanitary sewer located within the right of way. There is a utility project planned for the spring of 2018 to install a generator in the right of way. The area has some black top improvements which function as a turnaround for neighbors, delivery trucks, and public works vehicles. Approving this request would conflict with the City Code which stated we shall only vacate right of way if there are no utilities located in the space. Approving this request would also conflict with MN State Statute which stated a vacation should be done if it is in the interest of the public. With the current utilities there is public benefit with keeping the right of way.

3 #LA February 20, 2018 Page 3 of 3 Public Comments Neighbor comments were submitted showing support for the vacation. Staff also received verbal concerns about the need to provide adequate turnaround options in the area but a written comment was not submitted. Issues for Consideration 1. Does this request meet the City Code and/or State Statue requirements for approval? 2. Would approving this action affect any utilities? 3. Are there any issues or concerns with this application? Planning Staff Recommendation Staff recommend denial of this application because it does not meet the standards of the City Code or State Statue. If the Commission/ Council finds evidence for approval the city utilities in the area will need to be addressed to stay protected; staff suggests a drive, utility access and maintenance easement be required and recorded. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Area Map/ Site Plan Utility Maps Original Plat Project Narrative Comments received from the public Property Owners List and Map

4 Hennepin County Property Map Date: 2/13/2018 Proposed to be Vacated 1 inch = 50 feet No results Comments: This data (i) is furnished 'AS IS' with no representation as to completeness or accuracy; (ii) is furnished with no warranty of any kind; and (iii) is notsuitable for legal, engineering or surv ey ing purposes. Hennepin County shall not be liable f or any damage, injury or loss resulting f rom this data. COPYRIGHT HENNEPIN COUNTY 2018

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7 PC LA Exhibit B Legend Sanitary Manhole Sanitary Manhole (MCES) Sanitary Lift Station Sanitary Clean Out Sanitary Termination Valve Sanitary Isolation Valve Sanitary Grinder Station Sanitary Gate Valve Sanitary Flushing Valve Sanitary Curbstop Air Release Manhole Sanitary Pipe Sanitary Pipe (MCES) Sanitary Service Pipe Sanitary Forcemain Sanitary Forcemain (MCES) City Limits Parcels (11/1/2017) Map Name Disclaimer: 0 35 Feet Bolton & Menk, Inc - Web GIS 2/13/2018 3:26 PM This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information, and data located in various city, county, and state offices, and other sources affecting the area shown, and is to be used for reference purposes only. The City of Orono is not responsible for any inaccuracies herein contained.

8 Lift Station #20 Backup Generator lay out Lift Station #20 Graveled Access to Generator Proposed Generator Site Power and control Cabling and Natural Gas Line

9 PC LA Exhibit C

10 Project Narrative Application #LA Allen J. Merrill 1161 Elmwood Avenue Orono, MN January 19, 2018 I respectfully request that the City of Orono vacate its interest in the property reserved to the city and identified as the North 10 of Lot 18 and the South 10 of Lot 19, Skarp and Lindquist s Fernhill, Hennepin County, Minnesota, also known as Right of Way for Grandview Avenue. I own Lots 9 and 18 and Mr. Bob Hannah owns Lots 8 and 19. Lots 18 and 19 are both 40 wide while Lots 8 and 9 are both 50 wide. If the city were to vacate its 20 right of way, Mr. Hannah and I would split the 20 so that each of us would receive 10 and the Lots 18 and 19 would each be 50 wide. To the best of my knowledge, this property has not been used as a city street at any time but was reserved for that purpose from Elmwood Avenue up to North Arm Drive. The portion of the reservation closest to North Arm Drive has already been vacated by the city and a house sits on that property with an address of 1151 North Arm Drive. As the city no longer has a right of way all the way through from Elmwood Avenue to North Arm Drive, the city would be unable to construct a street in this location as originally intended. At this time, the property is simply a grassy area with no improvements. There is a fairly steep grade to the property in some places. It is my understanding that the city would like to place a generator at the back of the property over which it currently has this right of way. If this request to vacate that right of way were to be granted, Mr. Hannah and I would give the City of Orono an easement to place the generator and access that generator.

11 Laura, As the owner and resident of 1153 Elmwood which is on the northern border of the undeveloped right of way property, my opinion on the vacation is to support this request. This support is contingent on the vacation resulting in the 20 ft right of way is split evenly between my property and the 1161 Elmwood property. I am happy to provide more input should you find it helpful. Thank you. Bob

12 JENNIFER ANNE WELSH 1180 ELMWOOD AVE GLENN D SOLIE 3500 BAYSIDE RD ORONO MN PAUL VOGSTROM 1151 NORTH ARM DR BRAD & MARCIA PANKONIN 2085 CO RD 6 LONG LAKE MN P O BOX 66 CRYSTAL BAY MN SCOTT L CHRISTIANSON & DAWN M CHRISTIANSON 1179 NORTH ARM DR ROBERT HANNAH EMMY ELLESTAD 1153 ELMWOOD AVE P O BOX 66 CRYSTAL BAY MN ALLEN MERRILL 1161 ELMWOOD AVE GILMAN G SORENSON 1001 LOMA LINDA AVE ELIZABETH A HARVEY 1199 ELMWOOD DENISE J HANSON 1216 NORTH ARM DR PO BOX 66 CRYSTAL BAY MN MAXIMILLIAN S HOLMES AMANDA M ABRAHAMSON 1169 NORTH ARM DR BREVIK THARALDSON 1205 NORTH ARM DR TIMOTHY L BRO SUSAN B BRO 1140 NORTH ARM DR ROBERT G HOVLAND P O BOX PLYMOUTH MN RENEE S MEERKINS 1135 NORTH ARM DR PAUL M LEWIS 1160 NORTH ARM DR JANE & JON MARTINSON 1285 NORTH ARM DR RYAN B & STACY R ALNESS 1169 NORTH ARM DR BRIAN HUISMAN & ANNE HUISMAN 1121 NORTH ARM DR JEFFREY D CRAIG 1205 ELMWOOD AVE BRUCE GARLOCK 1179 ELMWOOD AVE RENEE S MEERKINS 1135 NORTH ARM DR JOHN PERKINS 1265 ELMWOOD AV

13 J J THEISEN & L K THEISEN 1295 ELMWOOD AVE

14 RUN DATE: 01/19/2018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: ADDRESS UNASSIGNED ORONO MN JENNIFER ANNE WELSH 1180 ELMWOOD AVE JENNIFER ANNE WELSH 1180 ELMWOOD AVE GLENN D SOLIE 1125 NORTH ARM DR GLENN D SOLIE 3500 BAYSIDE RD ORONO MN ADDRESS UNASSIGNED ORONO MN PAUL VOGSTROM 1151 NORTH ARM DR PAUL VOGSTROM 1151 NORTH ARM DR B W PANKONIN & M K PANKONIN 1180 NORTH ARM DR BRAD & MARCIA PANKONIN 2085 CO RD 6 LONG LAKE MN ADDRESS UNASSIGNED ORONO MN P O BOX 66 CRYSTAL BAY MN ADDRESS UNASSIGNED ORONO MN P O BOX 66 CRYSTAL BAY MN SCOTT L CHRISTIANSON ET AL 1179 NORTH ARM DR SCOTT L CHRISTIANSON & DAWN M CHRISTIANSON 1179 NORTH ARM DR ADDRESS UNASSIGNED ORONO MN R HANNAH & E ELLESTAD 1153 ELMWOOD AVE ROBERT HANNAH EMMY ELLESTAD 1153 ELMWOOD AVE ALLEN MERRILL 1161 ELMWOOD AVE ALLEN MERRILL 1161 ELMWOOD AVE GILMAN G SORENSON 1001 LOMA LINDA AVE GILMAN G SORENSON 1001 LOMA LINDA AVE ELIZABETH A HARVEY REV TRUST 1199 ELMWOOD AVE ELIZABETH A HARVEY 1199 ELMWOOD DENISE JEAN HANSON 1216 NORTH ARM DR DENISE J HANSON 1216 NORTH ARM DR ADDRESS UNASSIGNED ORONO MN PO BOX 66 CRYSTAL BAY MN C G WEILER & R S MEERKINS 1137 ELMWOOD AVE RENEE S MEERKINS 1135 NORTH ARM DR M S HOLMES & A M ABRAHAMSON 1169 NORTH ARM DR MAXIMILLIAN S HOLMES AMANDA M ABRAHAMSON 1169 NORTH ARM DR TIMOTHY BRO & SUSAN BRO TRST 1140 NORTH ARM DR TIMOTHY L BRO SUSAN B BRO 1140 NORTH ARM DR PAUL M LEWIS ET AL 1160 NORTH ARM DR PAUL M LEWIS 1160 NORTH ARM DR BREVIK THARALDSON 1205 NORTH ARM DR BREVIK THARALDSON 1205 NORTH ARM DR ROBERT G HOVLAND TRST 1245 NORTH ARM DR ROBERT G HOVLAND P O BOX PLYMOUTH MN JANE K MARTINSON ET AL 1285 NORTH ARM DR JANE & JON MARTINSON 1285 NORTH ARM DR RYAN B & STACY R ALNESS 1141 ELMWOOD AVE RYAN B & STACY R ALNESS 1169 NORTH ARM DR BRIAN HUISMAN & ANNE HUISMAN 1121 NORTH ARM DR BRIAN HUISMAN & ANNE HUISMAN 1121 NORTH ARM DR JEFFREY D CRAIG 1205 ELMWOOD AVE JEFFREY D CRAIG 1205 ELMWOOD AVE B E GARLOCK & R K GARLOCK 1179 ELMWOOD AVE BRUCE GARLOCK 1179 ELMWOOD AVE C G WEILER & R S MEERKINS 1135 NORTH ARM DR RENEE S MEERKINS 1135 NORTH ARM DR JOHN A PERKINS JR ETAL 1265 ELMWOOD AVE JOHN PERKINS 1265 ELMWOOD AV

15 RUN DATE: 01/19/2018 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) PAGE: J J THEISEN & L K THEISEN 1295 ELMWOOD AVE J J THEISEN & L K THEISEN 1295 ELMWOOD AVE Hennepin County has developed electronic forms of certain property information databases. Hennepin County makes reasonable efforts to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no representation or warranties, either express or implied, or as to merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein.

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