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Planning and Zoning Commission recommends vacation of E. 10th St. right-of-way in Tower View Estates
Summary
The Ely City Planning and Zoning Commission voted 5-0 to recommend vacating a platted but unimproved 33-foot right-of-way for E. 10th St. in Tower View Estates, citing steep terrain, lack of utilities and potential to reconfigure parcels for future housing.
The Ely City Planning and Zoning Commission voted 5-0 on Wednesday to recommend approval of a request to vacate a platted but undeveloped right-of-way for E. 10th Street in the Tower View Estates Addition.
The action followed a public hearing at which applicant Warren Johnson, owner of 1003 S. 2nd Ave E., explained he had "recently purchased the adjacent lots from Swift Properties" and asked the city to vacate the 33-foot-wide ROW because the land is "at a very steep angle" and would be difficult to develop. Johnson told the commission there are currently "no utilities in the ROW." City Clerk Langowski said there would be no issues with the vacation as presented.
Planning staff member Kochendorfer read a findings-of-fact memo recommending approval. Kochendorfer told the commission the ROW is platted but undeveloped, vacating it would allow reconfiguration of current parcels and enable potential future housing development, and the Department of Natural Resources need not be notified because the proposal "has no effect on public water or land access, or natural resources." Staff recommended approval.
Commissioner Prioreschi moved to recommend approval "as presented," and Commissioner Palcher seconded. The roll-call vote recorded Prioreschi, Hernesmaa, Roose, Palcher and Anderson voting yes; Commissioners Burke and White were absent. The motion carried 5-0. Following the vote, the public hearing record was closed at 5:05 p.m., and the meeting adjourned at 5:09 p.m.
The commission's recommendation forwards the ROW vacation to the next step in the city's approval process; the transcript records only the commission's recommendation, not a final city council action or record of conveyance. The staff report noted that, if vacated, each adjacent property owner would receive half the ROW (about 16.5 feet each) and that no utilities currently occupy the ROW.
