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515 Little Canada Road, Little Canada, MN 55117-1600 <br />(651) 766-4029 / FAX: (651) 766-4048 <br />www.ci.little-canada.mn.us <br />MEMORANDUM <br />TO: Mayor Keis & Members of the City Council <br />FROM: Joel Hanson, City Administrator <br />DATE: March 20, 2015 <br />RE: Roberto Vacation Request <br />MAYOR <br />John Keis <br />COUNCIL <br />Rick Montour <br />Michael McGraw <br />Torn Fischer <br />Christian Torkelson <br />ADMINISTRATOR <br />Joel R. Hanson <br />Attached is correspondence from Sam Roberto, 308 Savage Lane, requesting the City Council <br />initiate a vacation hearing for a portion of Rose Lane. (A map of the area in question is also <br />attached for your review.) Mr. Roberto presented a petition for the vacation of a portion of Rose <br />Lane. However, the petition did not comply with statutory requirements in terms of signatures <br />by abutting property owners so we did not process it. A specific portion of the street to be <br />vacated has not been requested in either situation. <br />This vacation request has been brewing for a long time. There has been some conflict between <br />the Roberto property and the Anderson property involving the Anderson's having the right to use <br />Rose Lane as a private driveway. This permission was granted when the house was approved for <br />construction back in the late 70's (see correspondence from Milner Carley & Associates dated <br />October 1, 1976. It is important to note that Rose Lane in this area is considered "unimproved <br />right-of-way", i.e. is has not been deemed "open" for public use. <br />You should also be aware that there has been a history of code compliance issues raised by Mr. <br />Roberto regarding the Anderson property. To address this issue, a variance was granted in 2012. <br />However, some violations related to storage have apparently existed since that variance from <br />time to time. <br />Vacating the entire right-of-way is problematic in that part of the property would accrue to the <br />home owner of 2552 Savage Lane. That property owner would then need to grant an easement <br />to the Andersons to allow the driveway usage to continue over their property. (Note: based on <br />aerial photos, the driveway is located on the south %2 of the right-of-way. Another issue we need <br />to be aware of is the need to maintain utility easements over some of the vacated area due to the <br />sanitary sewer link located within the Rose Lane right-of-way. <br />1 <br />