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MINUTES OF THE <br /> ORONO PLANNING COMMISSION <br /> Monday,May 20,2019 <br /> 6:30 o'clock p.m. <br /> Erickson stated it would be a lot more of a problem if they were to try to develop this right-of-way into a <br /> lake access. <br /> Curtis noted that is not what is being proposed and lake access is not the only purpose for having it. <br /> Erickson stated Park Drive is 966 feet above sea level and the high-water mark of Lake Minnetonka is <br /> 929 feet,which means there is a drop of 37 feet from front to back and creates about a 12 percent average <br /> grade. The City has other accesses that are relatively flat and much more developable and practical and <br /> safe. <br /> Erickson stated his reading of the state statute does not preclude an easement for drainage and that it says <br /> the governing body of a municipality may vacate any publicly owned easement or any portion thereof <br /> which is not being used. While there is a portion that is being used,the City has the authority to vacate <br /> all of it except for that portion which is being used as a storm sewer. One way to accomplish that would <br /> be to vacate the whole thing subject to an easement, and the applicant has expressed a willingness to <br /> provide an easement for the storm sewer,which is essentially the same thing as what the state statute is <br /> saying. <br /> As far as the DNR goes, in the second half of their letter,they acknowledge that if the City should choose <br /> to vacate the entire parcel,that easements are okay for utilities. The DNR also recommended that the <br /> City encourage the applicant to relocate his driveway on Park Drive, which is all of the things that the <br /> applicant is volunteering to do. <br /> Libby asked if there is any intention to construct on the portion of the vacated right-of-way. <br /> Paidosh indicated there is not. <br /> Libby noted the easement would still leave the responsibility to the City for maintaining the storm sewer. <br /> With the City actually having a 15-inch culvert there,which seems like it is working very well even with <br /> the 100-year rain events,that storm sewer likely will have to stay there, and the City will still have to <br /> have access. Even if no structure is built there,the City will still need access,and even with the easement <br /> there could still be a hindrance of some type. Libby indicated his tendency is not to be in favor of <br /> vacating the right-of-way. <br /> McCutcheon stated Orono is a lakeshore city and that there are various ordinances in place to help protect <br /> the lake. McCutcheon indicated he probably is not in favor of this request,but given the setbacks and in <br /> looking at other variances that have been granted in the past,there might be some wiggle room and he <br /> would recommend that approach. <br /> Ressler asked whether having that drainage easement means something has been created and needs to be <br /> maintained. <br /> Curtis indicated that is true. <br /> Ressler noted there was a previous application for a variance where the structure was coming right up <br /> against the property of the Railroad Authority and that the City is even more sensitive to lakeshore. <br /> Ressler stated he does not know if the City has ever considered granting something less permanent, such <br /> as a land lease where it can be revoked after a certain period of time. Ressler stated he knows these <br /> Page 5 of 16 <br />