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j 5" <br />TO- <br />FROM: <br />DATE: <br />Chair Smith and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />Wendy Bottenberg, Zoning Administrator/Planner <br />November 15,2002 <br />SUBJECT: #02-2846 Loren Pellett <br />4753 North Shore Drive <br />Vacation of Lake Street - Public Hearing <br />Zoning District: LR-1B Single Family Lakeshore Residential District, 1 Acre, sewered. <br />List of Exhibits <br />A <br />B <br />C <br />D <br />E <br />F <br />Application <br />Site Plan/ Survey <br />Sewer Map <br />Topographic Map <br />Plat Map <br />Property Owner’s List <br />Pertinent Ordinance: Section 10.12 <br />Application Summary: The applicant is seeking approval to vacate 50’ of that portion of the <br />unimproved dedicated right-of-way of Lake Street at the shoreline of his property. The right-of- <br />way was originally dedicated in the plat of Bergquist and Wicklund ’s Park in 1888. Lake Street is an <br />unimproved street right of way running along the shoreline of Lake Minnetonka from east to west <br />that currently varies from 17’ to 21’ in width. Lake Street serves no public purpose. <br />There has been one other vacation of Lake Street. The property located at 4705 North Shore Drive <br />was granted approval in 1996 to vacate that portion of Lake Street between its extended lot lines. <br />(Exhibit E). <br />Criteria for Vacation: <br />Zoning Code Section 10.12 governs the vacation of streets, alleys and public grounds. In past <br />vacation requests, the City has determined that vacation may be appropriate when: <br />1 The vacation doses not affect access to or use of any adjoining property. <br />2.The City has not and does not intend to develop, improve or use the dedicated right-of-way <br />as road except for utilities and access purposes. <br />3. The unimproved dedicated right-of-way as it exists serves no public purpose <br />§02-2846 Loren Pellett <br />4753 North Shore Drive <br />Vacation <br />11/15/02 <br />Page!