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DNR METRO REGION 6 TEL:612-?72-7977 Oct 18 93 12:59 No.013 P.02 <br />1^ STATf Of <br />^DEPARTMENT OF NATURAL RESOURCES <br />PHONENO. St. Paul, RN 55106 <br />FH.E NO <br />Ml <br />October 18, 1993 <br />Mr. Mike Gaffron <br />Assistant Planning and Zoning Administrator P.O. Box 66 <br />Crystal Bay, MN 55323-0066 <br />Dear Mr. Gaffron: <br />Plaase be advised that the State of Minnesota, Department of Natural <br />Resources, Division of Trails and Waterways opposes the proposed vacation of <br />the right-of-way described as Hillside Place located between 3345 and 3339 <br />Crystal Day Road, as showii on the attached map. This right-of-way as <br />dedicated, provides a means of access to Lake Minnetonka. The fact <br />that it has never fully been developed, or used by the public does not proclude future public use. <br />Tho^citizens of Minnesota have a right to use all of the public waters in our <br />stfeue. Any attempt to preclude public access should be carefully considered. <br />The Minnesota Department of Natural Resources devotes considerable effort to <br />providing citizens with froe and adequate access to our water throughout the <br />According to the Minnesota Supreme Court, a vacation of a public street must <br />b© in th© public Interost. Additionally^ th© public includes persons other <br />than those in the immediate vicinity. Our goal is to protect and preserve the <br />public 8 right tc all forms of accesses. These accesses ca ' include but are <br />not limited to shoto fishing, canoe/cairy-in access, wintei iccess, boat <br />access, swimming ana . 'rnic areas, and observation areas. Any access the <br />public has, has valuu. he water is public, and any access is an access to <br />public ppperty. public owns it now, and ahould not lose any property or <br />opportunity. No accf^s should be simply ''given” to the adjacent neighbors. <br />Mthough there is other public property on Lake Minnetonka, that is not the <br />test. *he test is whether the vacatio:: of this particular right-of-way is in the best interest of the public. ^ <br />xiSff* consider the above request for the denial of the proposed vacatich. <br />Adaitionally I would be glad to meet with any concerned parties to discuss anv other options. ' ^ <br />Sincerely, <br />Martha J, <br />Area Trails and Waterways Supervisor <br />attachment <br />cc:Del Barber, Regional Supervisor <br />George Golden, Attorney General's office <br />Kim Lockwood, Water Recreation Specialist <br />AN equal opportunity EMPLOYER