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AGENDA ITEM Item No.: 12 Date: February 12, 2018 Item Description: #17-3983, Eric & Liz Vogstrom, 2618 Casco Point Road, Vacation — Resolution Presenter: Laura Oakden Agenda Public Hearing Planner Section: Due to an error in the public hearing notice for the January Planning Commission meeting, and to ensure that all impacted property owners have the ability to comment, the public hearing was opened at the Planning Commission meeting, and continued to the City Council meeting. The City Council must open the public hearing, invite comment, and close the public hearing for this item prior to discussion and vote. Purpose. This application is requesting to vacate the abutting unimproved platted right of way with lake access. 2. MN§15.99 Application Deadline. The 60 -day rule does not apply to the application timeline. 3. Background. Applicants Eric and Liz Vogstrom of 2618 Casco Point Road are requesting to vacate the unimproved right of way that is directly abutting their property to the north. The right of way was originally a product of the Winship's Subdivision. The unimproved right-of-way is a dedicated lake access for pedestrians according to the Comprehensive Plan. The applicant uses the right of way to access their dock. The boundary line of the right of way was the subject of a dispute as recently as spring of 2017. The City had the property line located, iron spikes replaces, and 4 x 4 posts installed to delineate the boundary. The City has a rain garden and storm sewer within the right of way near the intersection with Casco Point Road. To vacate a right of way, the City must find the vacation is "in the interest of the public" MN Statue 412.851 The council on November 13, 2017 approved a resolution (#6810) in support for preserving parks, open space and trails within the City of Orono. This unimproved platted right of way is identified as open space for pedestrian lake access from Casco Point Road to Carmen Bay on Lake Minnetonka. Approving this request would appear to conflict with this resolution. From reviewing the Comprehensive plan vacating this right of way seems to go against the policies that are set in place today for the preservation of lake access and open space. The challenge with vacating rights of way is that vacation is final. Should the public or the city desire access to the lake, or have utility needs in the future, the cost to acquire Lake Frontage will be premium. Vacation reduces options for the city in the future, and the importance of access to the lake is outlined in the comprehensive plan. 4. Planning Commission Comment. On January 16, 2018, the Planning Commission opened a public hearing and reviewed the application. The Commission voted unanimously Prepared By: ��C) Reviewed By: JBarnhart Approved By: -Sb9a