01-21-1997 Planning Packet - Laserfiche WebLink

Home Browse Search

Zoning File #2201 Januar>' 7, 1997 Page 3 6. Applicants will increase the square footage of their record lots, bringing each into greater conformity with City area/width/setback requirements, provide for their septic system needs, and eliminate the potential for public traffic in close proximity to their properties. Agency/Utilit}' Comments Per Exhibit F, US West does not object to the vacation as long as a utility easement r- granted for existing lines and future needs. Per Exhibit E, the Minnesota Department of Natural Resources strongly objects to the vacation, suggesting that the vacation as proposed is not in the best interest of the public, and that there are alternatives that would not eliminate public access to the lake. Discussion As noted to applicant George Adams in the letter dated December 18, 1996, vacation of this right-of-way absent a rededication of roadway at an alternate location would appear to be inappropriate. The City cannot predict potential future public uses for this right-of-way, however, there are a number of obvious existing public uses which would be eliminated by a vacation. SiafT is concerned that access to the property to the east not be eliminated since that property has not been declared unbuildable, but is identified in City ordinances as being a substandard buildable lot of record. That property has steep topography near the wetland (see topographic map. Exhibit K) and its owmer may need to gain future access via the road right-of-way to a possible building site near the northwest corner of that lot. Vacating the access road leading from the lakeshore to the park portion of right-of-way, will eliminate the only viable legal access to properties to the north of Lots 22-23-24, which do not otherwise abut the lake or an alternate right-of-way. Further, vacating this portion of right-of- way will eliminate the only viable vehicular access to those properties along the shoreline to the northwest, which have extremely steep lakeshore banks which may not otherwise be accessible. There are certain types of vehicles which will have occasion to use the right-of- way, including well drilling trucks, septic pumpers, construction vehicles, etc. The City cannot vacate right-of-way that has such obvious public purposes, unless a suitable alternative right-of-way location serving all of the existing and anticipated future public uses is provided. The fact that the existing right-of-way is so close to the applicants' cabins, with the obvious property owner concerns of public use in such close proximity, cannot be considered a suitable reason for vacation considering the public's need for that right-of-way to