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City of Falcon Heights • Planning Commission Minutes Apri122, 2008 PRESENT: Commissioners Hasegawa, Lukermann, Rodich, Watkins. Also present were City Attorney Joel Jamnik and Staff Liaison Deb Jones. ABSENT with notice: Commissioners Anderson, Noble and Salzberg, Council Liaison Kuettel A quorum being present, the meeting was called to order by Chairman Watkins at 7:04 p.m. The minutes of the March 25, 2008, meeting were approved. PUBLIC HEARING: Vacation of Walk 4 Prior to the opening of the hearing, staff liaison Jones presented the background of this case. Walk 4 is a 12 foot by 152 foot strip of city owned land between 1742 and 1748 Tatum. For at least 20 years Walk 4 has been used by the owners of the adjoining properties as part of their yards, although the land was never vacated to those properties. A fence runs down the middle of the strip, which ends at the rear property line of 1745 Lindig to the east. • The owner of 1742 Tatum, Choong-Sihn Youn, petitioned the city to vacate the land. As his neighbor at 1748 Tatum declined to participate in the petition or share associated costs, Mr. Youn's petition asked that the entire 12 foot width be added to his property. Staff found no record of any utility easement or other easement on Walk 4 and no evidence of the city having an interest in retaining the land for public purposes. The Chair opened the hearing. The first speaker was Choong-Sihn Youn, 1742 Tatum, the applicant. Mr. Youn said he and his family moved to their present home in 1984, never imagining they would be there so long. However, they really love the neighborhood and now that their children are grown, he and his wife wish to make alterations to their house to make it more comfortable. In preliminary discussions with city staff about options, including the expansion of the attached garage, he was made aware for the first time of the existence of Walk 4, which meant his property line was not where he thought it was, greatly limiting his options for remodeling his home. After receiving additional information from city staff and the city attorney, he approached his neighbor on the other side of Walk 4 about petitioning the city to vacate Walk 4. When his neighbor declined to be involved, he decided to apply to the city alone and ask for the full width of Walk 4. • The next speaker was Mr. Leroy Martin, 1748 Tatum street. Mr. Martin expressed his opposition to the petition and does not see any reason for the city to change the status quo. He was concerned about the existing fence and pointed out that it City of Falcon Heights -Planning Conunission Meeting of April 22, 2008 -Page 1 of 3