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Memo VI-5 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: August 2, 2004 Subject Order Public Hearing - Vacation of Right-of-Way #2004-40 - Forest Street adjacent to 418 2nd Street West - Lori Duong REQUEST The City Council is asked to order a public hearing to vacate the remaining eastern half (14.5 feet) of the Forest Street right-of-way, adjacent to 418 2nd Street West as requested by the property owner Lori Duong. The right-of-way is unimproved. Drainage and utility easements would be required for any public utilities. A request to vacate the western half of Forest Street has been submitted under a separate application by Robert Langenfeld, 500 2nd Street West. Approval of both requests would vacate the entire Forest Street right-of-way, north of 2nd Street. Upon approval the public hearing and final action would be held at the August 16, 2004 City Council Meeting. BACKGROUND 2003 Request for Vacation - Rick Ries In 2003, the City Council denied a request by the former property owner of 500 West 2nd Street to vacate the entire right-of-way, and alleyway behind the home. The Council denied the request based on the following (Staff comments based on the differences between the requests are in italics): 1) Loss of access to a public water - The elevation difference between the right-of- way and the water is substantial, and does not provide a convenient or practical access to the water. 2) Loss of access to adjacent city property behind the alley - Alley vacation not requested. 3) Vacations of alleys and right-of-ways is discouraged under the Downtown Master Plan. Alley vacation not requested. Forest Street is a dead-end and has severe topographical restrictions for future extension 4) Existence of city utilities in the Forest Street right-of-way. Dedication of drainage and utility easements must be a condition of approval.