06-10-2019 Council Packet - Laserfiche WebLink

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FILE #LA19-000017 20 May 2019 Page 3 of 4 commonly from 16' to 66' in width. These right-of-ways (often referred to as "fire lanes" or "lake access roads") vary considerably in their proximity to traffic, parking availability, proximity to housing, lakeshore conditions, and other factors that effect their recreational value. Some of these corridors have been maintained by the City for local swimming beaches or as winter snowmobile and ice -fishing accesses. Certain accesses have docks for fishing, and some have ramp areas suitable for launching a small boat. However, most do not have designated parking available, and are primarily intended to serve the neighborhood rather than the general public. A number of these access corridors have steep topography, shallow water depths, undesirable lake bottom conditions, and/or dense vegetation and experience little or no usage. Of the City lake accesses shown in Table 4A-9 (Exhibit D), half of those located outside of Big Island are either undeveloped or closed to public use. Orono's (Draft) 2020-2040 Comprehensive Plan: Chapter 4E Parks. Trails. and Oben Spaces 1. Orono will maintain Lake Access for all residents. With shore land abutting a dozen separate bays in Lake Minnetonka, Orono has a commitment to maintaining access via the dedicated access corridors. It is the City's intent to permanently retain for public use all existing lake access corridors and fire lanes, regardless of the current level of use or maintenance. (Supports goal 5) To this end, the City will follow these policies: ■ Requests for vacation of dedicated lake access right of ways will be evaluated carefully, in particular where equal or better lake accesses are not available nearby. The City will identify and take necessary action to preserve the public's right to use of any such accesses which exist but which may not have been formally dedicated. ■ The City will endeavor to work with property owners adjacent to lake access corridors to ensure that both the rights of the public and the rights of the private landowner are upheld. Engineer/Public Works Director Comments 1. The rights-of-way currently serve as a city drainage way. There are a catch basin and storm pipe which drain the surrounding area located within both rights-of-way. The rights-of-way should not be vacated while they serve a public purpose. 2. The City could consider encroachments within the right-of-way as long as they do not impact its current public use. 3. The City should entertain any request from the owners of 4300 North Shore Drive to have their driveway access moved from North Shore Drive to Park Drive via this right-of- way. Staff Analysis The challenge with vacating rights-of-way is that vacation is final. Should the public or the City desire access to the lake, or have utility needs in the future, the cost to taxpayers to reacquire lake frontage will be at a premium. Vacation reduces options for the City in the future. While the comp plan notes that the City will consider vacation, these particular rights-of-way have improvements, and vacation is not supported by state statute. The importance of access to the lake is outlined in the comprehensive plan.