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FILE#LA19-000087 <br /> 18 Nov 19 <br /> Page 3 of 5 <br /> City Engineer/Public Works Director Comments <br /> It is the Public Works Director's opinion that the Right of Way provides a public benefit and <br /> should not be vacated at this time. His comments are as follows: <br /> 1. The unimproved alley way is a lake access point for the city. It provides some drainage <br /> (unimproved)for the area and is used by some residents for access to the lake. <br /> 2. A sewer line crosses the alleyway and a sewer manhole is located within it. Should the <br /> right-of-way be vacated, a utility easement should be required. Although, admittedly it <br /> does not make sense to vacate a right-of-way, only to establish another easement. If <br /> vacated: <br /> a. A utility easement of 20 feet centered on the sanitary sewer line should be <br /> obtained. <br /> b. An access easement over the existing alleyway to the sanitary manhole should <br /> be obtained. <br /> c. An access easement for public access to the lake should be established. <br /> d. A drainage easement over the existing alleyway to provide for any current or <br /> future area drainage needs. <br /> Lastly, it appears that a stone retaining wall has been built within the right-of-way. The wall <br /> appears to have been built without a permit or encroachment agreement. The wall should be <br /> removed and site restored; or a permit processed and an encroachment agreement approved. <br /> Staff Analysis <br /> In addition to State statute and the DNR,the comprehensive plan provides some guidance on <br /> lake accesses. <br /> The comprehensive plan in the Parks, Open Space, and Trail Goals section (Exhibit E) states: <br /> • [Goal] 5.To maintain and increase access for all residents to the city's lake resources <br /> such as Lake Minnetonka and Long Lake. (Part 4E, Page 6) <br /> • [Policy] 11. Orono will maintain Lake Access for all residents. With shore land abutting a <br /> dozen separate bays in Lake Minnetonka, Orono has a commitment to maintaining <br /> access via the dedicated access corridors. It is the City's intent to permanently retain for <br /> public use all existing lake access corridors and fire lanes, regardless of the current level <br /> of use or maintenance. (Supports goal 5)To this end,the City will follow these policies: <br /> o Requests for vacation of dedicated lake access right of ways will be evaluated <br /> carefully, in particular where equal or better lake accesses are not available <br /> nearby.The City will identify and take necessary action to preserve the public's <br /> right to use of any such accesses which exist but which may not have been <br /> formally dedicated. <br /> o The City will endeavor to work with property owners adjacent to lake access <br /> corridors to ensure that both the rights of the public and the rights of the <br /> private landowner are upheld. (Part 4E, Page 8) <br /> The Transportation section of the Comprehensive plan (Exhibit D) also discusses lake accesses: <br /> • "General Transportation Policy 5: It is the city's intent to retain lake access (pedestrian, <br /> vehicular, boat)for public use. The City will individually evaluate existing lake access <br />