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MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,November 19,2012 <br /> 6:30 o'clock p.m. <br /> Lake Street was originally platted at a 20-foot width. The current survey indicates a width ranging from <br /> 22 feet to 45 feet as measured from the south property line to the 929.4 foot contour line. Topographic <br /> information from various sources shows that the property has a very steep slope to the shore with no <br /> terrace level at the base. As a result,vehicular travel within the right-of-way is not feasible and <br /> pedestrian use is minimally possible at best. It is Staff's conclusion that vacating the right-of-way as <br /> requested will have no impact on present or future public accessibility to the lake. <br /> The MN DNR has submitted a letter expressing their opposition to the proposed vacation. The DNR <br /> suggests that there are potential unknown future public uses of the right-of-way. The DNR's opposition <br /> does not preclude the City from approving the vacation. <br /> Staff would argue that this particular right-of-way has no apparent present or future benefit to the public <br /> because of the topography of the site. It can be argued that the public will benefit by the private <br /> ownership of this area because the adjacent property owners,not the public,have a strong interest in <br /> protecting and maintaining the immediate shoreline to prevent erosion and s lope failure at this site. The <br /> City,the County, and the State realistically are not going to spend tax dollars maintaining this shoreline. <br /> Additionally,the existence of the platted road calls into question the property owner's rights to keep a <br /> deck at the site,which has been the primary basis for the many similar vacations occurring in the past. <br /> Zoning Code Section 78-9 governs the vacation of streets, alleys and public grounds. In past vacation <br /> requests,the City has determined that vacation may be appropriate when the following conditions are <br /> met: <br /> 1. The vacation does not affect access to or use of any adjoining property. <br /> 2. The City has not and does not intend to develop, improve or use the dedicated right-of-way as <br /> road except for utilities and access purposes. <br /> 3. The unimproved dedicated right-of-way as it exists serves no public purpose. <br /> It is Staff's opinion that these three conditions are applicable to the segment of Lake Street. The property <br /> owner's legal access to the property will not be affected by the vacation of Lake Street and no adjacent or <br /> nearby properties will have their access limited by it. Due to topographical constraints,this area of <br /> shoreline is not conducive to pedestrian movement. Staff therefore believes the existing and future public <br /> access to the lake will not be reduced or impacted by this vacation. Staff recommends approval of the <br /> vacation application as proposed by the property owners. <br /> Schoenzeit asked what the status is of the lots on either side of this property. <br /> Gaffron indicated those properties have not requested that area to be vacated. Gaffron stated the lot to the <br /> east appears to have been vacated. <br /> Schoenzeit asked if the subject lot is considered a lakeshore lot. <br /> Gaffron stated technically it is considered a lakeshore lot since the City has allowed a dock in that area. <br /> Schoenzeit asked how this would impact the property's hardcover levels. <br /> Page 2 <br />