11-21-2022 Planning Commission Packet

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Minnesota Department of Natural Resources • Central Region 1200 Warner Road, St. Paul, MN 55106 Office of the Regional Director DNR Central Region Headquarters 1200 Warner Road St. Paul, MN 55106 November 14, 2022 City of Orono Melanie Curtis, Planner 2750 Kelley Parkway Orono, MN 55356 Re: Proposed Vacation of right-of-way adjacent to Forest Lake, including portions of Hattie Place, Lafayette Avenue and Grandview Place Dear Ms. Curtis, Thank you for seeking input from the Department of Natural Resources regarding the above referenced proposed vacation. Your letter was forwarded to me to review and provide comments as required by M.S. 412.851. M.S. 412.851 indicates, “No vacation shall be made unless it appears in the interest of the public to do so.” In response, “The commissioner must evaluate: (1) The proposed vacation and the public benefits to do so; (2) The present and potential use of the land for access to public waters; and (3) How the vacation would impact conservation of natural resources.” The DNR has reviewed the proposed vacation of the right-of-way, including portions of Hattie Place, Lafayette Avenue and Grandview Place adjacent to Forest Lake in the city of Orono, and we offer the following comments: The proposed vacation public benefit: There is nothing in the application/letter or survey that indicates a benefit to the public. Present and potential use of the land for access to public waters: As land use patterns change this right of way has potential for access to land and water that may be of vital importance in 50 to 100 years. Fluctuation in lake levels either seasonal or long term can be unpredictable and the city may find the right of way of the road invaluable for emergency access and property owner access during these events. We ask the city to consider this.