04-22-2002 Council Packet - Laserfiche WebLink

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Application Date: 1/23/02 Deadline: 5/19/02 mpeting APR 2 2 2002 cu r UP unuiMU REQUEST FOR COUNCIL ACTION DATE: April 18, 2002 ITEM NO.: S' Department Approval: Name Paul Weinberger Title Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: Zoning District: List of Eihibits #02-2749 Thomas Egan 350, 360 and 370 Big Island Right-of-Way Vacation Big Island - Recreational Seasonal District A Park Commission Meeting Minutes (March 4.2002) B Quest Letter (April 3.2002) C Staff Memo (February 22.2002) Application: The property owners of the lots located at 350,360 and 370 Big Island have requested to vacate of a portion of platted “Massasoit Avenue ”. Massasoit Avenue is undeveloped right of way on Big Island originally dedicated on the plat of Morse Island Park. Right of way has been used by the public for interior pedestrian access to parts of the lakcshore and, periodically, for vehicular traffic for transporting materials for home construction and septic installation. The right of • ay is also used by utility companies to provide electric and phone service to the Island properties. The Council requested the Park Commission review the vacation request. The Park Commission reviewed the vacation request on March 4.2002 and recommended approval of the vacation finding development of public trails may cause overuse of the island by the public. The Comprehensive Plan indicates a low level of public use of the island is encouraged due to the seasonal nature of the island. There are veiy few year round homes on the island making security an issue. In addition, no roads are developed on the island. Limited use of the rights of way on the island have caused erosion as there are no roads developed and periodic vehicular access is required. Private property trespassing does occur as the roads are unmarked. In many cases those paths do cross private property. The Park Commission also noted the proposed vacation does not effect any public water access. In addition to the comments by the Park Commission it should be noted that regular emergency services are not fully available. Fire and Police protection are very limited. The City notifies all public utilities of the vacation request since they reserve the right to use public right of way for their facilities. Qwest, Reliant Energy/Minnegasco, and Xcel Energy have provided documentation to the City of Orono stating that they have no facilities in the right-of-way.