Title
Declaring a "hardship" to satisfy petition requirements for a proposed vacation of an alley abutting 1073 Eleanor Avenue.
Body
WHEREAS, Ronald Brastad, on behalf of Blanche Picka ("Petitioner") is seeking to vacate a portion of a diagonal section of alley right-of-way adjacent to Petitioner's property at 1073 Eleanor Avenue, as highlighted on the attached Exhibit A, area "A", to allow Petitioner to secure fee title to the alley area and to an additional adjacent parcel owned by the State of Minnesota, as highlighted on the attached Exhibit A, area "B"; and
WHEREAS, in accordance with the City of Saint Paul's ordinance for vacating city streets, (Leg Code, Sec. 130.02 (2)), the Petitioner has attempted to secure the support of a majority of abutting property owners for the vacation; and
WHEREAS, the State of Minnesota, which owns the property abutting the alley area to the east (Exhibit A, area "B"), whose support is necessary to constitute a majority, is supportive of the vacation but will not sign the vacation petition; and
WHEREAS, the Petitioner believes that the vacation would not adversely impact the State of Minnesota's access to or use of its I-35E highway right-of-way; and
WHEREAS, pursuant to Leg. Code, Sec. 130.02 (3), the Petitioner believes that a hardship therefore exists and requests that the City Council waive the "majority" requirement; now, therefore be it
RESOLVED, that the Mayor and Council of the City of Saint Paul do hereby declare that a hardship exists with respect to the proposed petition to vacate said portion of the alley abutting 1073 Eleanor Avenue, and that the requirement to obtain support from a majority of abutting property owners is hereby waived.
Financial Analysis
None