11-21-2022 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION November 21,2022 6:00 o'clock p.m. Ressler moved,Bollis seconded,to LA22-000054,3275 Carman Road,Variance.VOTE: Ayes: 4, Nays 0. 1. LA22-000050 MATT JOHNSON, 1003 WILDHURST TRAIL(INCLUDING PIDS 07-117- 23-21-0006; 07-117-23-21-0007; 07-117-23-21-0016; 07-117-23-21-0002),REQUESTS VACATION OF UNIMPROVED RIGHT-OF-WAY. Matt Johnson,Applicant,was present. City Planner Curtis gave a presentation on the item, stating the Applicant is requesting to vacate the unimproved portions of right-of-way adjacent to his property. This includes the right-of-way of Lafayette Avenue, Grandview Place,Hattie Place, and the alley running down the middle. There is an existing City sewer line within the Hattie Place right-of-way serving the home at 1003 Wildhurst Trail in addition to an overhead power line running from north to south. If vacated,the Applicant has proposed maintaining a utility easement serving these structures. In 2018 under application#LA18-000065,the City reviewed a subdivision sketch plan for the properties associated with 1003 Wildhurst Trail(including the 10 acre property to the west).The project included vacation of the subject rights-of way and development of the properties into 7 total lots At that time,the Planning Commission and Council were open to the proposal for vacating the rights-of-way as long as access to Saga Hill Park was maintained;they were not in favor of the overall project resulting in the creation of substandard lots.The City's Engineers reviewed the proposal and do not oppose the vacation of Lafayette Avenue, Grandview Place,and the alley;the Engineer recommends the City not vacate Hattie Place indicating that portion of right-of-way provides public benefit with the sanitary sewer utilities and potential future access to abutting parcels. The corridors addressed in this application have not been identified as lake access points in the City's Comprehensive Plan.The Minnesota DNR has reviewed the request and provided comments included in the packet.The DNR opposes the vacation indicating that it does not provide a public benefit nor protect future public use of land abutting the lake.Utility companies have been notified and none opposed the vacation.Public comments have been received and have been included in the packet. Staff recommends approval of the vacation of Lafayette Avenue, Grandview Place,and the alley; Staff recommends denial of Hattie Place at this time. Matt Johnson clarified he is on the City Council and is purchasing this property for himself,he is not selling it to anyone else and it is not for a development purpose but for his family. He shared he will be available after the meeting to address any questions from neighbors.Mr.Johnson noted he was not on the City Council in 2018 when it was voted on to vacate the right-of-ways. He spoke about Forest Bay vacations due to platting extending into Lake Minnetonka,and in speaking with a surveyor the platting was done prior to the Gray's Bay Dam which brought the lake water level up 10-12 feet.Mr.Johnson stated many of the properties on Forest Bay have had vacations because otherwise they would not own any lakeshore.Regarding this particular parcel,the owners did not elect to take advantage of the vacation on Wildhurst Trail as did other neighbors.He provided an illustration showing vacations on the block and what he is requesting and spoke about the three PIDs in this application. Mr.Johnson stated he hopes to have his parents living on the site with his family and hopes to be a good neighbor to everyone. Ressler asked if there are sketches of what Mr.Johnson proposes to put on the site. Mr.Johnson replied until it is approved there is not much sense in getting too far down the road of what it would be. Page 2 of 13