06-10-2019 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO PLANNING COMMISSION Monday, May 20, 2019 6:30 o'clock p.m. Chair Ressler closed the public hearing at 6:52 p.m. Thiesse noted he did not hear any benefit to the City for vacating the rights-of-way and that the DNR and City Staff is against it. Thiesse stated he does not recall the City ever vacating any property that provides access to the lake, and for that reason, he would have to say no to the request. Gettman stated he has a neighbor who has a narrow lot like this and that they have been told numerous times they cannot build that far down because of the two neighboring homes as well as issues with getting the house to fit outside the easement. Gettman indicated he is struggling to find a justification for the vacation and that he has not heard what other kind of easement adjustment there could be or whether this is the last resort. Bollis stated he does not see a public benefit to the vacation and that he would like to see a variance application. Bollis asked if there any type of setback issue with relocating the driveway onto Park Lane. Curtis stated the City Engineer had also suggested the relocation of the driveway access. Erickson stated to some extent the vacation benefits the other neighbor more than the applicant because that property is smaller and narrower to begin with, which currently is a nonconforming use at four -tenths of an acre in a one -acre zone. By taking advantage of this vacation, that neighbor would pick up more land, which would allow that property owner to be more in compliance. Erickson stated the City should always try and get people going in the positive direction towards the ordinances whenever they can. In addition, both neighbors would have the benefit of the vacated property, which would go on the tax rolls, especially with the applicant constructing a new house. Erickson indicated he likes the shifting of the driveway to Park, and if the applicant would be willing to plant some native grasses, that would have some environmental benefits. After serving on the Watershed District for five years, Erickson stated if they think about invasive species on the lake, such as zebra mussels and how they got from Duluth to Lake Minnetonka, the only answer is from boat accesses. The eggs of the zebra mussel are microscopic, go undetected on a boat, and then go into the lake when that boat is launched. Similar things could be said about other invasive species. Theoretically, if there were no boat accesses on Lake Minnetonka, there would be no zebra mussels or milfoil. The City already has a goodly number of accesses, and as was mentioned earlier, the Hennepin County boat ramp is two minutes way and the state has a huge facility that is three minutes away. Erickson stated it would be a lot more of a problem if they were to try to develop this right-of-way into a lake access. Curtis noted that is not what is being proposed and lake access is not the only purpose for having it. Erickson stated Park Drive is 966 feet above sea level and the high-water mark of Lake Minnetonka is 929 feet, which means there is a drop of 37 feet from front to back and creates about a 12 percent average grade. The City has other accesses that are relatively flat and much more developable and practical and safe. Erickson stated his reading of the state statute does not preclude an easement for drainage and that it says the governing body of a municipality may vacate any publicly owned easement or any portion thereof