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Zoning File #2120 <br />March 11,1996 <br />Page 2 <br />platted right-of-way was located within the lake bed. As in the Forest Lake Blvd. vacation <br />implication, the City has asked Ceil Strauss of the DNR to review the vacation request. Ms. Strauss <br />has advised that she sees no problem with the vacation but will ask another related department to <br />comment. As of this writing, I have not heard from Ms. Strauss or Martha Reger. <br />Public access to the lake is still provided via the 30' wide road corridor of Westlake Street. Staff has <br />no knowledge as to the extent of the public use of Westlake Street We can report that we have had <br />to ask property owners to remove docks installed within the public right-of-way. There is another <br />more suitable location for swimming or fishing on Stubbs Bay located to the east just to the south <br />of the extension of Stubbs Bay Road. <br />As of this writing, staff has heard from one neighbor regarding alleged easements members of the <br />public have over the property for fishing from shoreline of the property. Staff has no knowledge of <br />easements over the property but would certainly question any easements granted (o private property <br />owners over the public alley. Applicant may be able to provide more information on this point. <br />Staff Recommendation <br />To approve the vacation petition of Loren Brueggemann to vacate the east/west alley as platted in <br />Hillside Park plat which is immediately adjacent to the southern boundary of the property located <br />at 372 Westlake Street Approval is based on the following findings: <br />A.The majority of the 10' alley is located within the lake bed of Lake Minnetonka <br />below the Ordinary High Water Level of 929.4. The entire western portion of the <br />alley is located within the lake bed restricting access to the limited eastern portion <br />of the allev from Westlake Street. <br />B.There is an existing, accessible lake access on Stubbs Bay that is maintained by the <br />City. <br />C.The condition of the alley would restrict all reasonable public use. Approval is <br />conditioned on applicant legally combining vacated alley with adjacent homestead <br />parcel. <br />I <br />4