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SAV92-02 CITY OF FRIDLEY 6431 UNIVERSITY AVENUE N.E. FRIDLEY,MN 55432 (612)571-3450 COMMUNITY DEVELOPMENT DEPARTMENT VACATION APPLICATION FORM PROPERTY INFORMATION - site plan required for submittal; see attached Address: L, I l�- h Ute. AJ J- . - v—0-c A S Property Identification Number(PIN) Legal description: QSC.®c K 1. P,tc,r CR r-< Sc i,00 L A a i►o Lot i Block 'T Tract/Addition��-?yc} -TL A& Acn r�a Legal description of easement to be vacated: Current zoning: Square footage/acreage Reason for vacation: v.:A B c<g- e— Have you operated a business in a city which required a business license? Yes No_C If yes, which city? If yes, what type of business? Was that license ever denied or revoked? Yes No FEE OWNER INFORMATION (as it appears on the property title) (Contract Pur(;hasers: Fee Owngxs must sign this form prior to processing) NAME "� j �4 /` 9��4�}/Id /'� CI.tS�% ADDRESS 9 96 DA E PHONE � � " z 3 q SIGNATURE DAZE. 4PDATE —� 3 7— PETITIONER INFORMATION NAME Ka 1"y e e r ADDRESS ,), S'"1 h1 c:..ti A a Z /va M) e—e DAYTIME PHONE 31-tS �;6 89 SIGNATURE , _ (C�t;,,;-t_ DATE -1 S a_ Fee: $150.00 Permit SAV# 2,--07i Receipt# AA5�� Application received by: Scheduled Planning Commis ion date: Scheduled City Council date: CITY OF FRIDLEY PLAN REVIEW CHECKLIST Applicants for vacations must submit the legal description of the B. Site Plan: parcel (easement, street, etc.) to be vacated. 1. Property line dimensions, location of all existing and proposed structures with distance from boundaries, Complete site plans, signed by a registered architect, civil distance between structures, building dimensions and engineer, landscape architect, or other design professional, to floor elevations include the following: 2. Grading and drainage plan showing existing natural A. General: features (topography, wetlands, vegetation, etc.) as well as proposed grade elevations and sedimentation and storm 1. Name and address of project water retention ponds. Calculations for storm water 2. Legal description (certificate of survey may be required) detention/retention areas. 3. All existing and proposed points of egress/ingress 3. Name, address, and telephone number of applicant, showing widths of property lines, turning radii abutting engineer, and owner of record rights-of-way with indicated center line, paving width, existing and proposed median cuts, and intersections of 4. Date proposed, north arrow, scale, number of sheets, name streets and driveways of drawer 4. Vehicular circulation system showing location and 5. Description of intended use of site, buildings, and dimensions for all driveways, parking spaces, parking lot structures including type of occupancy and estimated aisles, service roads, loading' areas, fire lanes, occupancy load emergency acc8ss (if necessary), public and private streets, alleys, sidewalks, bike paths, direction of 6. Existing zoning and land use traffic flow, and traffic-control devices r 7. Tabulation box indicating: 5. Landscaping Plan (i) Size of parcel in sq. ft. 6. Location, access, and screening detail of trash (ii) Gross floor area of buildings enclosures (iii) Percent of site covered by building 7. Location and screening detail of rooftop equipment (iv) Percent of site covered by impervious surface 8. Building elevations from all directions 9. Utility plan identifying size and direction of existing (v) Percent of site covered by green area water and sewer lines, fire hydrants, distance of (vi) Projected number of employees hydrant to proposed building (vii) Number of seats if intended use is a restaurant or place of assembly (viii) Number of parking spaces required (ix) Number of parking spaces provided including handicapped (x) Height of all buildings and structures and number of stories 1 o Denotes Iron Monument x Denotes Concrete Nail set in blacktop X � 1 fb Q �1 CO 140 � I 3 �v 22 ✓0 � � w , , SCALE: 1"=20' I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Registered Professional Land Surveyor under the laws of the State gf—Minnesota. Dated this 29th day of June. 1992. atm XY w :ssoctaEFs, �na SURVEY FOR: Mr. John Rainville PROFESSIONAL LAND SURVEYORS AND LAND DEVELOPMENT CONSULTANTS (612) 421-9126 - 13621 VINEWOOD LANE DAYTON.MN 55327 DESCRIPTION: Lot 1, Block 1, RICE CREEK SCHOOL ADDITION, City of Fridley, Anoka County, Minnesota o Denotes Iron Monument x Denotes Concrete Nail set in blacktop — fb kAl X 1 1 N 3 140' s ,30.0 /yo,'�� N N �0 30 1 � w jl'vdv� SCALE: 1"=20' I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Registered Professional Land Surveyor under the laws of the State nnesota. Dated this 29th day of June, 1992. B -���-� Minnesota License No. 12267 534278 ainz XyzoasociaEes, _qnc SURVEY FOR: Mr. John Ralnville PROFESSIONAL LAND SURVEYORS AND LAND DEVELOPMENT CONSULTANTS (612)421-9126 13621 VINEWOOD LANE DAYTON,MN 55327 DESCRIPTION: Lot 1, Block 1, RICE CREEK SCHOOL ADDITION, SAV #92-02City of Fridley, Anoka County, Minnesota John Rainville o Denotes Iron Monument x Denotes Concrete Nail set in blacktop >< I / 1 SP/J7Pr2 'T fb T\ $ rea LA Vaned 1 � /7✓IY!//lO r/5 '\ � I`.9 �V Vit, JO --- ---- —� Cl - - I i` /� . LLQ _ 30•of SCALE: 1"=20' I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly Registered Professional Land Surveyor under the laws of the State f nnesota. Dated this 29th day of June, 1992. B ,y7r�,/�.� Minnesota License No. 12267 77421/ l CITY OF FWDLLY FRIDLEY MUNICIPAL CENTER•6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 • (612)571-3450• FAX (612)571-1287 July 24 , 1992 TO WHOM IT MAY CONCERN: The City of Fridley Planning Commission will be holding an informal hearing on a vacation request, SAV #92-02 , by John Rainville, to vacate that part of a public street dedication described as follows: Commencing at the center line of Anoka Street on the North line of the Southeast Quarter of the Northeast Quarter of Section 13 , Township 30, Range 24 ; thence North 88 degrees 34 minutes west, a distance of 29. 66 feet to the point of beginning. Thence South 30. 01 feet; thence North 37 degrees 0 minutes 40 seconds west, a distance of 38. 31 feet; thence East to the point of beginning. Generally located at 67th Avenue and Anoka Street. Any and all persons desiring to be heard shall be given an opportunity at the Planning Commission meeting on Wednesday, August 12, 1992 at the Fridley Municipal Center, 6431 University Avenue N.E. at 7 : 30 p.m. Any questions related to this item may be referred to the Fridley Community Development Department at 571- 3450. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than August 5, 1992 . DONALD BETZOLD CHAIRMAN PLANNING COMMISSION SAV 492-02 John Rainville THIS IS A COMPILATION CF RECORDS AS T. 30, R. 24 THEY APPEAR THE ANOKA COUNTY OFFICES AFFECTING THE AREA SHOWN. THIS DRAWING IS TO BE USED ONLY FOR REFERENCE PURPOSES AND THE COUN. WDL EY TY IS NOT RESPONSIBLE FOR ANY IN. ACCURACIES HE,`,EIN CONTAINED. 539/3 J 12 I I R � NE CORNER SEC./3 OAD- S` A, l 16 20 01,1, ItkO I ^ x •1 , C A d°v s [I�» r°a f[{.. 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ANDERSON COUNTY SURVEYOR ANO.'A COUMY, MH OTA LOCATION MAP Planning 7/24/92 SAV 492-02 MAILING LIST Council 9/8/92 (withdrawl) John Rainville John Rainville Gerald Applin Michael Burzynski 3257 Penn Avenue North 6650 Anoka Street N.E. 6700 Arthur Street N.E. Minneapolis, MN 55412 Fridley, MM 55432 Fridley, MN 55432 Wencil Radil Robert Michalski County of Anoka 6655 Anoka Street N.E. 6655 Arthur Street N.E. 325 East Main Street Fridley, MM 55432 Fridley, MST 55432 Anoka, MM 55303 Planning Comm. Chair Karen Bjorgo Bradley Nye City Council Members 6675 Anoka Street N.E. 6665 Arthur Street N.E. Fridley, MN 55432 Fridley, MM 55432 Randy Noeker 5066 Rainbow Lane Kevin McCarty Gerald Cline Mounds View, MN 55112 6683 Anoka Street N.E. 6679 Arthur Street N.E. Fridley, MN 55432 Fridley, MJ 55432 Patrick Kuta Donald Bloomberg 6689 Anoka Street N.E. 6691 Arthur Street N.E. Fridley, MM 55432 Fridley, M 55432 Floyd & Joan Fos lien Curtis Larson 1990 Como Avenue 6694 Fridley Street N.E. St. Paul, MM 55108 Fridley, MST 55432 Kevin Cyprus Stephen Ranallo 6680 Anoka Street N.E. 6684 Fridley Street N.E. Fridley, MST 55432 Fridley, MQ 55432 Kelley Vagovich Kevin Austad 6670 Anoka Street N.E. 6674 Fridley Street N.E. Fridley, M 55432 Fridley, MST 55432 Ronald Youngdahl John Benedict 6660 Anoka Street N.E. 1499 66th- Avenue N.E. Fridley, m 55432 Fridley, MQ 55432 k to eV I K--3)q -9eov --- s�-_�•� rye —��-a��� AV 40 i 1 t t b_ 1' C/o .,�.� Ga�. / cera- V4 —i " vein ��3�L s 4:.. ip.: ': k ° r. a5 t $.�'{ a,-,>Tsc .Li y c�•Y53_..y•`., ,e .�.�Nrw' `:•� ' ° �: -�`�y�?,-#r .+nx'+ �+�iw�y � {R� .� , ,� � �. ,fir :s,c ,•.p. '� "'z#` y,*,4•r 3 a"' ".r- t il''* . ..bac 's.{' � '" K�-.. $"�-a.. aw ,;" 40 .�ed -s' "��� $� l •t$ �3 ``c�• �`a'Ht �` '•r cam: .r''��' S°� '9-#' �' .fid ��.. �, :- ���' _.::�`+�,,:'': K,�'� � �'°.: .,*,- 3�'A ,. S�,Y � � �#y_ .€+. •'E}• n r�5�"� ��c. _ u lOPINVOW y...' 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FRIDLEY,MN 55432 •(612)571-3450• FAX (612)571-1287 September 8 , 1992 Dear Property Owner: This letter is to inform you that John Rainville has withdrawn his request to vacate a portion of right-of-way located near 6700 Anoka Street N.E. Mr. Rainville has submitted the enclosed revised site plan for a single family dwelling unit at 6700 Anoka Street N.E. The site plan still requires that variances be granted; however, the variance request will be changed to the following: 1. To reduce the front yard setback from 35 feet to 20 feet. 2 . To reduce the side yard setback from 10 feet to 9 feet. The City Council will review this variance request at their September 21, 1992 meeting. If you have any questions or comments regarding Mr. Rainville ' s revised request, please contact me at 572-35693 . Since rely, Mic ele McPherson, BLA Planning Assistant MM/dn C-92-273 COMMISSION APPLICATION REVIEW FILE NUMBER FILE DATq8/ 12/92 MEETING DATE FILE DESCRIPTION SAV #92-02 CIWOF 39 7/8/92 John Rainville; 67th Avenue and FRIDLEY Anoka Street COMPLETE REVIEW CHECKLIST AND RETURN TO PLANNING DEPT. ❑ BARB D. COMMENTS MICHELE M. 5 ice' JOHN F. 10i&ri;3 CLYDE W. j. CLYDE M. LEON M. -�� IM H. - �( CHUCK MT1 SAV 492-02 John Rainville I LLJ I • • • • • • • • • • • • 1 .•�• N 443 • • • • • • • • • • _ _ '(tact • • • • • • • • • • 68 N AVE. ,4E. • . • • • • • pr ic .1 51 1 4 IC 11F zAR Ao .!f 60 2 • I S .—_ 2 7 . . . •� 3 4 6 GADDf Qr Qr f--- - sem•••• t 100 8 G f Z z y b• 7 S re �{2 Z 4-1 sA 6 9 i G9 4 • 4 TH. AVE. N.E. 66 TH. tr •6 •µ - 1 Z • 2 I , 3 2 3 U 6 B • z I 8 ' d 7 111CCICCIDq CTDFCT i ZONING MAP SAV #92-02 John Rainville N.01 to Scal: ` •. . 1 SCA / .. Sc Lt r Q Sc AG E P SIAL G�2A9E_:.O Ll X_ay yo� I: r' Rag: boo 47 _ POLE ---� NOT SITE PLAN __ s...�......»:r..,:..:.�..:.w...,,.�.....,.�.rr,� T i{ �i J, �� if ��f rt .. ��,� �,; ;�� y, �, � ,'��;� / 1 Na— to ScAI.• • Sc SCA t£ 8 I FST of w _ 3 Al � 5 cRLt 9 0 NyDT r GARA:9F__ a`i�x_ay � yon 13•b L�s47 0 rL PoL.E $- I y N QT T SCALE No f to S c,a l.- ' ��,•/ itis SCA L 5 CALL Sc ASE _ • �• _ _ , �- SIAL NyD7� r yo' RA►sgp . saoLooD OAjcZ . Rai}.. - L�s47 . . POLE NOT '�caL� 4 PLANNING COMMISSION MEETING, AUGUST 12, 1992 PAGE 7 permit. The petitioner, his heirs, an ssigns understand that termination of t special use permit will require remov f the accessory structure. UPON A VOICE VOTE, BETZQL X—i0TING NAY, CHAIRPERSON BETZOLD DECLARED THE MOT�CARR ---�Y` A VOTEOF 4-1. Ms. Mced this item will go to City Council on September 8 , 92 . 2 . CONSIDERATION OF VACATION REQUEST, SAV #92-02 , BY JOHN RAINVILLE: To vacate that part of a public street dedication described as follows: Commencing at the center line of Anoka Street on the North line of the Southeast Quarter of the Northeast Quarter of Section 13 , Township 30, Range 24 ; thence North 88 degrees 34 minutes west, a distance of 29. 66 feet to the point of beginning. Thence south 30. 01 feet; thence North 37 degrees 0 minutes 40 seconds west, a distance of 38 . 31 feet; thence East to the point of beginning. Generally located at 67th Avenue and Anoka Street. Ms. McPherson stated this vacation request is to vacate a portion of an existing public right-of-way located at the end of Anoka Street and adjacent to Rice Creek Park. The property is zoned R- 1, Single Family. This request is in conjunction with a second request for a variance which was reviewed and tabled by the Appeals Commission on July 21 and will be reviewed again on August 18, 1992 . The variance request is to reduce the front yard and side yard setbacks on this lot to allow the construction of a single family dwelling. Ms. McPherson stated the lot is located at the end of Anoka Street. It is currently heavily wooded, vacant, and has some very steep topography. The petitioner is proposing the variance in order to construct the structure on the flattest part of the property. Ms. McPherson stated the proposed vacation request deals with a small triangle area in the northeast corner of the lot. When the lot was platted in 1963 , in addition to the cul-de-sac right-of- way adjacent to the subject property, this particular triangle was dedicated as part of an octagon-shaped right-of-way to provide some type of access into the Anoka County park property. Currently located in this area of the property is a footpath which leads to the Anoka County park facility. The petitioner assisted her in locating the primary and secondary pathways which come off the Anoka Street cul-de-sac and go down into the Anoka County park facility. Ms. McPherson stated that due to the topography in this general vicinity and the fact that the property north of the subject V PLANNING COMMISSION MEETING AUGUST 12 1992 PAGE 8 property is Anoka County park property, construction of a public road in this area would not be practically feasible. Staff is recommending that the vacation request be approved by the City only if the variance request is also approved. If the variance request is denied, there is really no reason for the vacation request to be approved. The reason for the vacation request is to provide additional buildable area for the proposed single family dwelling. Mr. Betzold asked if it would be desirable or necessary to save any easement for public access to the park property. Ms. McPherson stated that is an option for the City, however, there is public right-of-way directly to the east where the secondary path is located. Mr. John Rainville stated he is asking for the vacation of one corner of the triangular piece of land. The. path does go down to the Creek in that area, but there is ample land available to the east for access to the Creek. He did not believe he would be encroaching on anyone' s opportunity to develop the park land further. . Mr. Rainville stated he has designed a house that he believes will work on this lot. He is willing to work with the City on the size and placement of the house and the garage. He would take care of any erosion problems. He could guarantee the City that he will not use treated timbers or creosote-treated timbers. He would use a cedar, redwood, or masonry product. Moving the house back to where the deck is proposed would probably mean the removal of some hardwood trees. He works for the Minneapolis Park & Recreation Department, and he is opposed to cutting down quality trees. Mr. Kevin Cyrus, 6680 Anoka Street, stated that the primary and secondary path merge midway down the slope. The. secondary path is quite steep,. and, if the vacation is approved, the Creek will be virtually inaccessible. Mr. Radel, 6655 Anoka Street, stated there is very little flat land on this property and it is all sand. There is no way that erosion can be prevented. The petitioner should be required to follow City Code like everyone else. Mr. Rainville stated that if the size of the house is reduced, then he would like to put up a fence in that area to give him some security from the traffic to and from the Creek. If the house size is reduced, then an option might be an easement and the City maintaining the right-of-way. Right now, the primary path is the path of least resistance. It is already on his property, so access will automatically get shifted over to the secondary path. There is adequate land east of his property for access. The two paths join within 20-25 feet of the curb line. r. PLANNING COMMISSION MEETING, AUGUST 12 , 1992 PAGE 9 Mr. Kuechle stated he is in favor of recommending approval of the vacation request. Even though the primary path might be better, it is on the petitioner' s property and, therefore, people are trespassing on at least a portion of his property. With the street right-of-way, there is still more than adequate access to the park land. If the vacation makes it easier to build on that lot, the City can well afford to give up that small portion of land. Mr. Sielaff stated he did not object to the vacation. He had been concerned about some safety issues if the primary path is less steep than the secondary path, but there is a safety issue anyway where the paths converge on the way down to the Creek. He would vote in favor of the vacation request. Mr. Saba agreed. He stated they should give the petitioner the opportunity to try to build on this property. Mr. Betzold stated he also did not have any objection to the vacation. This is a fairly minimal area. He wanted to stress to the petitioner and the neighbors that anything discussed at this meeting by the Planning Commission is not in any way to suggest or influence the Appeals Commission and the City Council in their review and action regarding the variance request. MOTION by Ms. Sherek, seconded by Mr. Kuechle, to recommend to City Council approval of vacation request, SAV #92-03 , by John Rainville, to vacate that part of a public street dedication described as follows: Commencing at the center line of Anoka Street on the North line of the Southeast Quarter of the Northeast Quarter of Section 13 , Township 30, Range 24 ; thence North 88 degrees 34 minutes west, a distance of 29.66 feet to the point of beginning. Thence south 30 . 01 feet; thence North 37 degrees 0 minutes 40 seconds west, a distance of 38 . 31 feet; thence East to the point of beginning. Generally located at 67th Avenue and Anoka Street, with the following stipulation: 1. Variance request, VAR #92-16, shall be approved. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. Ms. McPherson stated the Appeals Commission will re-review the variance request on August 18 . The City Council will hold a public hearing on the vacation request in about 4-6 weeks. She stated that when she gets the specific dates of the Council meetings, the neighbors will be notified. 3 . RECEIVE JULY 9 1992 HOUSING & REDEV OPMENT AUTHORITY MINUTES: MOTION by Mr. Saba, seconded by Mr. S ' aff, to receive the July 9 , 1992 , Housing & Redevelopment Au ority minutes. PLANNING COMMISSION MEETING AUGUST 12 1992 PAGE 10 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD' DECLARED THE MOTION CARRIED UNANIMOUSLY. 4 . RECEIVE JULY 21 1992 , APPEALS COMMISSION KINUTES• MOTION by Mr. Kuechle, seconded by Mr. Saba j to receive the July 21, 1992 , Appeals Commission minutes. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 5. RECEIVE JULY 21 1992 ENVIFQNMENTAL QUALITY & ENERGY COMMISSION MINUTES: MOTION by Mr. Sielaff, secondedby Ms. Sherek, to receive the July 21, 1992 , Environmental Quality & Energy Commission minutes. UPON A VOICE VOTE, ALL VOTING �YE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UNANIMOUSLY. 6. RECEIVE JUNE 1 1992 PARKS & RECREATION COMMISSION MINUTES: MOTION by Ms. Sherek, Zsconded by Mr. Sielaff, to receive the June 1, 1992, Parks & Recron Commission minutes. UPON A VOICE VOTE, A L VOTING AYE, CHAIRPERSON BETZOLD DECLARED THE MOTION CARRIED UN IMOUSLY. ADJOURNMENT: MOTION by Ms. erek, seconded by Mr. Saba, to adjourn the meeting. Upon a voice v te, all voting aye, Chairperson Betzold declared the motion carr ed unanimously and the August 12 , 1992 , Planning Commission eeting adjourned at 9: 00 p.m. Res ctf lly sub 71tted, yrs aba Rec r ing Secretary PUBLIC HEARING BEFORE THE �X CITY COUNCIL Notice is hereby given that there will be a Public Hearing of the Fridley City Council at the Fridley Municipal Center, 6431 University Avenue N.E. on Monday, September 21, 1992 at 7: 30 p.m. for the purpose of: Consideration of a vacation request, SAV #92- 02 , by John Rainville, to vacate that part of a public street dedication described as follows: Commencing at the center line of Anoka Street on the North line of the Southeast Quarter of the Northeast Quarter of Section 13 , Township 30, Range 24 ; thence North 88 degrees 34 minutes west, a distance of 29 . 66 feet to the point of beginning. Thence South 30. 01 feet; thence North 37 degrees 0 minutes 40 seconds west, a distance of 38 . 31 feet; thence East to the point of beginning. Generally located at 67th Avenue and Anoka Street. Hearing impaired persons planning to attend who need an interpreter or other persons with disabilities who require auxiliary aids should contact Roberta Collins at 572-3500 no later than September 14 , 1992 . Any and all persons desiring to be heard shall be given an opportunity at the above stated time and place. Any questions related to this item may be referred to the Fridley Community Development Department at 571-3450. WILLIAM J. NEE MAYOR Publish: September 8 , 1992 September 15, 1992 STAFF REPORT Community Development Department Appeals Commission Date I LJ Planning Commission Date : August 12, 1992 City Council Date : September 8, 1992 REQUEST Permit Number SAV #92-02 Applicant John Rainville Proposed To vacate a 30' x 30' x 38' triangle. Request Location 6700 Anoka Street N.E. SITE DATA Size 90' x 135' Density Present Zoning R-1 , Single Family Dwelling Present Land Use(s) Vacant Adjacent R-1 , Single Family Dwelling to the South, West, and East; Zoning P, Public, to the North Adjacent Land Use(s) Single Family to the South, West, and East; park to the North Utilities Park Dedication Watershed District ANALYSIS Financial Implications Conformance to the Comprehensive Plan Compatibility with Adjacent Zoning and Uses Environmental Considerations RECOMMENDATION Staff Approval Appeals Commission Planning Commission Approval Author MM/dn a Staff Report SAV #92-02 , by John Rainville Page 2 Request The petitioner requests that a 30 ' x 30 ' x 38 ' triangle in the northeast corner of Lot 1, Block 1, Rice Creek School Addition be vacated in order to combine it with the adjacent vacant lot to provide buildable space in order to construct a single family dwelling. The request is generally located at 6700 Anoka Street N.E. The petitioner has also applied for variances to reduce the front yard and side yard setbacks in order to build a single family home. The Appeals Commission will review the request at its August 18, 1992 meeting. Site The site is vacant, is heavily wooded, and has steep slopes. The property is zoned R-1, Single Family Dwelling as are adjacent properties to the south, west, and east. Located to the north is Anoka County park property. Analysis The petitioner requests that the triangle of right-of-way be vacated in order to prevent the proposed deck and stairs from encroaching onto the public right-of-way. The right-of-way was platted in 1963 as part of right-of-way dedicated in a pentagon shape at the end of Anoka Street N.E. There is currently a dirt path which exits the Anoka Street cul-de-sac and enters the Anoka County park. This path is located within the right-of-way area and on the petitioner' s property. A second path in the right-of-way to the east of the subject parcel and provides access into the Anoka County park, therefore, vacating the subject right-of-way would not adversely impact park access. Due to the topographic constraints and the fact that the property located to the north of the subject parcel is owned by Anoka County, the construction of a public road is not practically feasible. The right-of-way should only be vacated if the variance request is approved, as it is only required to provide additional area for the dwelling and to prevent the dwelling front encroaching into the public right-of-way. Recommendation Staff recommends that the Planning Commission recommend approval of the vacation request, SAV #92-02 , by John Rainville, with one stipulation: 1. Variance request, VAR #92-16, shall be approved. Staff Report SAV #92-02 , by John Rainville Page 3 Planning Commission Action The Planning Commission voted unanimously to recommend approval of the request as recommended by staff. City Council Recommendation Staff recommends that the City Council concur with the Planning Commission action. Community Development Department PLANNING DIVISION City of Fridley DATE: September 3 , 1992 TO: William Burns, City Manager FROM: Barbara Dacy, Community Development . Director Michele McPherson, Planning Assistant SUBJECT: Establish a Public Hearing for a Vacation Request, SAV #92-02 , by John Rainville; 6700 Anoka Street N. E. Attached please find the staff report for the above-referenced request. The City Code requires that the City Council conduct a public hearing for all vacation requests. Staff recommends that the City Council establish September 21, 1992 as the date of the public hearing. MM/dn M-92-566