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10-18-1993 Planning PacketC
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10-18-1993 Planning PacketC
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MINUTES OF THE ORoNO PLANNING COMMISSION MEETING <br />HELD OCTOBER 18, 1993 <br />(#2) JAMES W. OGLAND/DONALD J. STOYKE <br />3345/3339 CRYSTAL BAY ROAD - VACATION OF ROAD - PUBLIC HEARLNG - 7; 19 <br />P.M. - 7:50 P.M. <br />The Affidavit of Publication and Certificate of Mailing were m'tcd. <br />James Ogland ar>d Donald Stoyke were present. <br />Gatfron referred to a letter received from the DNR today that was handed out to Plai ning <br />Commission members as additional information to the packet. He explained that this appiicadon <br />is a request to vacate a pi>rtion of Hillside Place, a 25* wide dedicated right-of-way which <br />probably goes back 75-100 years. This extends from Dakota Raii ii> the shore of Crystal Bay. <br />Within that strip is a paved, travelled right-of-way called Crystal Bay Road that dvK'sn't show <br />on the maps. The City has maintained that road for many years and it is the sole access for <br />many houses in the area. No portion of that right-of-way is dedicated to the City. Gaffron <br />suggested the portion used for Crystal Bay Road not be vacated. A City sewer main comes from <br />Hillside Place to the south located roughly in the center of the property. The Stoyke house <br />would gain a better setback because of vacation since he would gain half of the property. <br />Topographic change is quite dramatic in this area. The issi .* with the DNR letter is that by State <br />statute, the City is required to notify the DNR of any vacation of a public right-of-way on <br />lakeshore property. <br />Schroedcr read the letter addressed to Mike Gaffron irom Manila Reger of the DNR which w as <br />received by fax on October 18, 1993. <br />Jim Ogland, 33-!i5 Crystal Bay Road, stated that he and Don Stoyke. 3339 Crystal Bay Road, <br />were requesting vacatitin of this fire lane, in which case the land would revert to the adjacent <br />pioperty owners. He noted that the fire lanes were originally platted to provide access to the <br />lake for water in case of fire at the cottages. At one time, there were three such fire lanes but <br />two others have already been vacated. Ogland stated that he and his parents liave lived at this <br />address for 50 years and have maintained this fire lane as part of their yard. By vacating this <br />fire lane, it would allow the lots to be more conforming and allow a clearer title for the adjacent <br />property owners. He added that the land is quite steep w ith several large trees with limited and <br />obsolete use. He has also talked with John Gerhardson. l^iblic Works Director, v ho had no <br />objections »o die vacation as long as a sewer easement was granted. Ogland stated that although <br />the DNR ha ‘ the right to be notified, the City has the authority to make a final decision. He <br />felt that because of the terrain and closeness of the properties, it would be impractical to use as <br />a public access. The Stoyke home is 9" from the line of this property. Ogland feit the DNR <br />would always take the position to keep land for public use.
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