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HomeMy WebLinkAbout1991-101 '.11I.. I I: I 1;.11., ~ r RESOLUTXON NO. 91-101 REQUBSTXNG VARIANCE TO MSA 169-104 AND 169-106 WEST MYRTLB STREET FROM MAIN STREBT TO THXRD STRBBT NORTH SBCOND STREBT FROM CllBSTNUT STREBT TO MULBERRY STREBT WHEREAS, the Minnesota Department of Transportation has established standards for roadway design; and WHEREAS, in order to utilize state-aid monies, it is necessary to meet such standards; and WHEREAS, West Myrtle Street between Main Street and Fourth \ street and North Second street between Chestnut Street and Mulberry street are on such a state-aid system; and r WHEREAS, both streets are in need of reconstruction or rehabilitation because of age, surface condition, and the need for sanitary sewer and water service replacement; and WHEREAS, the existing city street system was designated and the right-of-way was permanently established in the 1800's; and construction of buildings at the edge of the publicly owned right-of-way was permitted; and WHEREAS, much of the downtown area now lies within a Local Historic District, making any modifications or removal of the buildinge undesirable; and WHEREAS, the City of Stillwater is of the opinion that any changes in the right-of-way width will be a hardship on the property owners, detrimental to the Local Historic District in the downtown area, and significantly costly; and r ." . r WHEREAS, the City of Stillwater has also felt that the determination of right-of-way width by state legislative action took precedence over the state-aid requirements for right-of-way width; and WHEREAS, plans and contracts for the construction have proceeded with the assumption of ultimate approval by Mn/DOT without a variance, however, Mn/DOT will require a variance for a change in right-of-way width; and WHEREAS, to implement this requires a variance from two standards; NOW, THEREFORE, be it resolved, that the City Council of the City of Stillwater requests variances from standards for right- of-way width and for Municipal State-Aid highway project funding. The request is for a variance from 14-MCAR Section 1.5032, H.I.C. c-' Rules for State-Aid Operations under Minnesota Statute, Chapters 162 and 163 as amended, so as to permit a 50 foot wide right-of- way width for all of Myrtle Street from Main Street to west of Third Street and for Second Street from Chestnut Street to Mulberry Street, and so as to permit the city to award a contract for the construction work prior to having plans approved by the State-Aid engineer. Plans had been reviewed and are acceptable to the State-Aid Engineer with the exception of the right-of-way width. ADOPTED BY THE CITY COUNCIL OF THE CITY OF STILLWATER THIS 28TH DAY OF MAY, 1991 wa1i~ah~ n ATTEST: 'UJ.I-<-~ ~~~"J Mary Lo Johnson, ty Clerk -, - II IIIII