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A RESOLUTION DENYING THE REQUEST TO VACATE <br />A DEDICATED RIGHT-OF-WAY WITHIN THE <br />PLAT OF WINSHIPS SUBDIVISION OF LOT 1 SPRING PARK 2ND DIVISION, <br />HENNEPIN COUNTY, MINNESOTA <br />FILE NO. 17-3983 <br />WHEREAS, the City of Orono is a municipal corporation organized and <br />existing under the laws of the State of Minnesota; and <br />WHEREAS, Eric and Liz Vogstrom, married, (hereinafter the "Applicant") owned the property <br />located at 2618 Casco Point Road, within the City of Orono (hereinafter "City") and legally <br />described as: The North 80.00 Feet of Block 3, Winships Subdivision of Lot 1, Spring Park <br />Second Addition, Hennepin County, Minnesota (hereinafter "the Property"); and <br />WHEREAS, the Applicant has applied for vacation of a dedicated unimproved <br />public right- of -way abutting the above mentioned properties; and <br />WHEREAS, the portion of the right-of-way to be vacated is seen as Spring <br />Street on the Original Plat of Winships Subdivision of Lot 1, Spring Park Second Addition, and <br />attached as Exhibit A <br />WHEREAS, on October 13, 2018 in accordance with MN Statute 412.851 <br />a written notice of the petition was served by certified mail upon the commissioner of <br />natural resources; and <br />WHEREAS, on January 16, 2018, the Planning Commission opened a <br />public hearing and recommended recommended denial of the vacation; and <br />WHEREAS, on February 12, 2018, after published and mailed notice in <br />accordance with Minnesota Statutes and the City Code, the City Council continued the <br />public hearing, at which time all persons desiring to be heard concerning this application <br />were given the opportunity to speak thereon; and <br />WHEREAS, on February 12, 2018, the City Council reviewed the <br />application and the recommendations of the Planning Commission and City staff; and <br />WHEREAS, the Orono Council finds the vacation as proposed does not <br />meet the standards for a right of way vacation with consideration of the following findings: <br />1. The property is unimproved right of way to the shore with the purpose for <br />pedestrian use. The Council finds that vacating the right-of-way as <br />requested will impact the present or future public accessibility to the lake. <br />2. The City of Orono asserts that there is a public benefit to retaining the right <br />of way that potentially provide public access to the lake from other right -of - <br />Page ] of 2 <br />