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07-19-2021 Planning Commission Packet
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07-19-2021 Planning Commission Packet
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FILE#LA21-000029 <br /> June 21,2021 <br /> • Page 3 of 4 <br /> These right-of-ways (often referred to as "fire lanes" or"lake access roads")vary <br /> considerably in their proximity to traffic, parking availability, proximity to housing, lakeshore <br /> conditions, and other factors that affect their recreational value. Some of these corridors <br /> have been maintained by the City for local swimming beaches or as winter snowmobile and <br /> ice-fishing accesses. Certain accesses have docks for fishing, and some have ramp areas <br /> suitable for launching a small boat. However, most do not have designated parking <br /> available, and are primarily intended to serve the neighborhood rather than the general <br /> public. A number of these access corridors have steep topography, shallow water depths, <br /> undesirable lake bottom conditions, and/or dense vegetation and experience little or no <br /> usage. <br /> Orono's 2020-2040 Comprehensive Plan: Chapter 4E Parks,Trails, and Open Spaces <br /> 1. Orono will maintain Lake Access for all residents. With shore land abutting a dozen <br /> separate bays in Lake Minnetonka, Orono has a commitment to maintaining access <br /> 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 <br /> level of use or maintenance. (Supports goal 5)To this end,the City will follow these <br /> policies: <br /> • 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 /> • 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. <br /> Analysis:The Council must find that there is no public benefit to the land in question. If none,the <br /> county will distribute it back to the original owner, usually half to each abutting owner. There are <br /> public improvements within the right of way in question,though these benefits can be preserved <br /> in other ways. Staff is recommending placing a 20 foot wide easement over the storm sewer and <br /> providing an easement for pedestrian access to the lake. <br /> The Comprehensive plan identifies extension of Westlake as a lake access, noting it is for walking <br /> access only. Due to the heavy vegetation at the waters edge, access is likely limited to the winter <br /> time. There are 4 other lake access on the north side of Stubbs Bay. <br /> The portion of right of way to be vacated lies south of a platted partial cul de sac. The rest of <br /> the cul de sac will be platted as part of the process. The right of way includes sanitary sewer <br /> along the middle of the right of way. Stormwater surface flows through ditches to the lake. <br /> Given the additional right of way for the cul de sac, and the recommended easements maintain <br /> access to the lake and for storm water,staff finds that there is public benefit to the vacation <br /> request. <br /> • DNR Comments <br /> The Minnesota Department of Natural Resources has received the vacation request. Their <br />
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