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05-20-2019 Planning Commission Packet
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05-20-2019 Planning Commission Packet
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FILE#LA19-000017 <br /> 20 May 2019 <br /> Page 3 of 4 <br /> commonly from 16'to 66' in width. <br /> These right-of-ways (often referred to as "fire lanes" or"lake access roads")vary <br /> considerably in their proximity to traffic, parking availability, proximity to housing, lakeshore <br /> conditions, and other factors that effect their recreational value. Some of these corridors <br /> have been maintained by the City for local swimming beaches or as winter snowmobile and <br /> ice-fishing accesses. Certain accesses have docks for fishing, and some have ramp areas <br /> suitable for launching a small boat. However, most do not have designated parking <br /> available, and are primarily intended to serve the neighborhood rather than the general <br /> public. A number of these access corridors have steep topography, shallow water depths, <br /> undesirable lake bottom conditions, and/or dense vegetation and experience little or no <br /> usage. Of the City lake accesses shown in Table 4A-9(Exhibit D), half of those located <br /> outside of Big Island are either undeveloped or closed to public use. <br /> Orono's (Draft) 2020-2040 Comprehensive Plan: Chapter 4E Parks,Trails, and Open Spaces <br /> 1. Orono will maintain Lake Access for all residents. With shore land abutting a dozen <br /> separate bays in Lake Minnetonka, Orono has a commitment to maintaining access <br /> via the dedicated access corridors. It is the City's intent to permanently retain for <br /> public use all existing lake access corridors and fire lanes, regardless of the current <br /> level of use or maintenance. (Supports goal 5)To this end,the City will follow these <br /> policies: <br /> • Requests for vacation of dedicated lake access right of ways will be evaluated <br /> carefully, in particular where equal or better lake accesses are not available <br /> nearby. The City will identify and take necessary action to preserve the public's <br /> right to use of any such accesses which exist but which may not have been <br /> formally dedicated. <br /> • The City will endeavor to work with property owners adjacent to lake access <br /> corridors to ensure that both the rights of the public and the rights of the <br /> private landowner are upheld. <br /> Engineer/Public Works Director Comments <br /> 1. The rights-of-way currently serve as a city drainage way. There are a catch basin and <br /> storm pipe which drain the surrounding area located within both rights-of-way. The <br /> rights-of-way should not be vacated while they serve a public purpose. <br /> 2. The City could consider encroachments within the right-of-way as long as they do not <br /> impact its current public use. <br /> 3. The City should entertain any request from the owners of 4300 North Shore Drive to <br /> have their driveway access moved from North Shore Drive to Park Drive via this right-of- <br /> way. <br /> Staff Analysis <br /> The challenge with vacating rights-of-way is that vacation is final. Should the public or the City <br /> desire access to the lake, or have utility needs in the future,the cost to taxpayers to reacquire <br /> lake frontage will be at a premium. Vacation reduces options for the City in the future. While <br /> the comp plan notes that the City will consider vacation,these particular rights-of-way have <br /> improvements, and vacation is not supported by state statute. The importance of access to the <br /> lake is outlined in the comprehensive plan. <br />
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