Laserfiche WebLink
IttMinnesota Department of Natural Resources <br /> - 1200 Warner Road • St. Paul,MN • 55106 <br /> MNDNR <br /> April 25, 2019 <br /> City of Orono <br /> Melanie Curtis <br /> City Planner <br /> 2750 Kelley Parkway <br /> Orono, MN 55356 <br /> Re: Proposed Vacation of 50 foot wide Bluff Street right-of-way between 4300 North Shore Drive and <br /> 1453 Park Drive, including the approximate 50-foot segment of Forest Blvd right-of-way at the Lake <br /> Minnetonka/Forest Lake lakeshore. <br /> Dear Ms. Curtis, <br /> Thank you for seeking input from the Department of Natural Resources regarding the above referenced <br /> proposed vacation. Your letter was forwarded to me to review and provide comments as required by <br /> M.S. 412.851. <br /> M.S. 412.851 indicates that "No vacation shall be made unless it appears in the interest of the public to <br /> do so." In response, "The commissioner must evaluate: <br /> (1) the proposed vacation and the public benefits to do so; <br /> (2)the present and potential use of the land for access to public waters;and <br /> (3)how the vacation would impact conservation of natural resources." <br /> The DNR has reviewed the proposed vacation of the right-of-way abutting the public waters of Lake <br /> Minnetonka/Forest Lake in the city of Orono, and we offer the following comments: <br /> The proposed vacation public benefit:There is nothing in the application/letter or survey that indicates <br /> a benefit to the public. <br /> Present and potential use of the land for access to public waters: As land use patterns change this right <br /> of way has potential for access to land and water that may be of vital importance in 50 to 100 years. <br /> Fluctuation in lake levels either seasonal or long term can be unpredictable and the city may find the <br /> right of way of both roads invaluable for emergency access and property owner access during these <br /> events. We ask the city to consider this. <br /> We recommend to the city that another means is selected to work with the requestor. For instance,the <br /> applicant may request a variance to the setback requirements. If the city chooses to vacate the right of <br /> way,we strongly recommend that, in addition to retaining an easement for drainage and utility,the city <br /> explicitly retain the right of the public to travel across the property as well. <br /> www.dnr.state.mn.us <br /> ft AN EQUAL OPPORTUNITY EMPLOYER <br /> +iii PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10%POST-CONSUMER WASTE <br />