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Council <br />Exhibit E <br />17-3933 <br />MEMORANDUM <br />To: Jeremy Barnhart, Community Development Director <br />From; Mike Gaffron, Senior Planner <br />Date: April 19, 2017 <br />Subject: Zoning Application #17-3933: Street Vacation Request <br />List of Exhibits <br />A — CMP Table 4A-8 <br />B — 1908 Deed documenting west 20 feet of Lot 19 as for Street Purposes <br />C — 2007 Gronberg Survey of 3405 Crystal Bay Road <br />D — 2007 Driveway Encroachment Agreement, Doc. 99000880 <br />E — 2008 Rip -Rap Encroachment Agreement <br />F — Survey Compilation showing relationship to City -owned lake lots, platted "County <br />Road", and Dakota Trail. <br />G — CMP Excerpt regarding Lake Access Preservation and Management <br />H — Background on 4 City Lots <br />The property owner of 3405 Crystal Bay Road is requesting vacation of the 20' -wide street right- <br />of-way that extends along her west property line from the Dakota Trail to the shore of Lake <br />Minnetonka. <br />The right-of-way in question is Orono Lake Minnetonka Access Point #7 on the list of accesses <br />included in the Orono Community Management Plan, Table 4A-8 (Exhibit A). <br />This right-of-way was created in 1908 via what functionally was an equal trade-off for vacation of <br />a 20' -foot wide street located between Lots 18 and 19, WALLACES ADDITION TO THE <br />VILLAGE OF MINNETONKA BEACH (see Exhibit B). The applicant's property since then has <br />been comprised of that vacated right-of-way; a 10' strip of Lot 18 along the east side of that <br />vacated right-of-way; and the portion of Lot 19 excluding the west 20' of Lot 19 (see Exhibit C'). <br />Applicant's driveway exists within the 20' roadway that she is requesting to be vacated. That <br />driveway is subject to an Encroachment Agreement, Doc. No. 9000880 dated April 23, 2007 (see <br />Exhibit D). <br />An additional (possibly unrecorded) Encroachment Agreement was executed by the applicant in <br />August 2008 to allow her to rip -rap the portion of shoreline where the 20' right-of-way abuts the <br />lakeshore (see Exhibit E). <br />The existing 20' right-of-way provides potential public access from the Dakota Trail to Lake <br />Minnetonka, and may also have uses for drainage and other purposes in the future (see Exhibit F). <br />Page 1 of 2 <br />