06-10-2019 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO PLANNING COMMISSION Monday, May 20, 2019 6:30 o'clock p.m. which is not being used. While there is a portion that is being used, the City has the authority to vacate all of it except for that portion which is being used as a storm sewer. One way to accomplish that would be to vacate the whole thing subject to an easement, and the applicant has expressed a willingness to provide an easement for the storm sewer, which is essentially the same thing as what the state statute is saying. As far as the DNR goes, in the second half of their letter, they acknowledge that if the City should choose to vacate the entire parcel, that easements are okay for utilities. The DNR also recommended that the City encourage the applicant to relocate his driveway on Park Drive, which is all of the things that the applicant is volunteering to do. Libby asked if there is any intention to construct on the portion of the vacated right-of-way. Paidosh indicated there is not. Libby noted the easement would still leave the responsibility to the City for maintaining the storm sewer. With the City actually having a 15 -inch culvert there, which seems like it is working very well even with the 100 -year rain events, that storm sewer likely will have to stay there, and the City will still have to have access. Even if no structure is built there, the City will still need access, and even with the easement there could still be a hindrance of some type. Libby indicated his tendency is not to be in favor of vacating the right-of-way. McCutcheon stated Orono is a lakeshore city and that there are various ordinances in place to help protect the lake. McCutcheon indicated he probably is not in favor of this request, but given the setbacks and in looking at other variances that have been granted in the past, there might be some wiggle room and he would recommend that approach. Ressler asked whether having that drainage easement means something has been created and needs to be maintained. Curtis indicated that is true. Ressler noted there was a previous application for a variance where the structure was coming right up against the property of the Railroad Authority and that the City is even more sensitive to lakeshore. Ressler stated he does not know if the City has ever considered granting something less permanent, such as a land lease where it can be revoked after a certain period of time. Ressler stated he knows these accesses and easements have also partially been put in place for emergency vehicles, and asked whether there are other accesses on Forest Lake Bay. Paidosh indicated there are but they likely would not be used for emergency vehicle access due to the grade. This access is tree covered and has a steep grade, which would probably require a lot of grading changes if there is to be vehicle access to the lake. There is a place across the lake where the street comes close to the lake. Paidosh indicated he is not sure if it is public property but the homeowners' association owns it, and that is where he would go to save someone's life on the lake rather than this spot. Paidosh stated the reason behind the storm sewer being located in this right-of-way is that there was a house built two doors down and they regraded the property. The proposed grading was missed on the