11-15-1993 Planning PacketC - Laserfiche WebLink

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ME'OrrES OF THE ORONO PLANNING COMMISSION MEETING HELD OCTOBER 18, 1995 m JAMES W. OGLAND/DONALD J. STOYKE 3345/3339 CRYSTAL BAY ROAD - VACATION OF ROAD - PUBLIC HEARINCJ - 7:19 P.M. - 7:50 P.M. The Affidavit of Publication and Ccnificate of Mailing were noted. James Ogland and Donald Stoyke were present. Gaffron referred to a letter received from the DNR today that was handed out to Planning Commission members as additional information to the packet. He e.xplained that this application IS a request to vacate a portion of Hillside Place, a 25' wide dedicated right-of-way which probably goes back 75-100 years. This e.xtends from Dakota Rail to the shore of Crystal Bay. Within that strip is a paved, travelled right-of-way called Crystal Bay Road that doesn’t show on the maps. The City has maintained that road for many years and it is the sole access for many houses m the area. No portion of that right-of-way is dedicated to the City. Gaffron suggested the portion used for Crystal Bay Road not be vacated. A City sewer main comes from Hillside Place to the south located roughly in the center of the property. The Stoyke house would gain a better setback because of vacation since he would gain half of the property. Topographic change is quite dramatic in this area. The is.sue with the DNR letter is that by State statute, the City is required to notify the DNR of any vacation of a public tighl-of-way on lakeshore property. Schroeder read the letter addressed to Mike Gaffron from Manha Reger of the DNR which was received by fax on October 18, 1993. Jim Ogland, 3345 Crystal Bay Road, stated that he and Don Stoyke, 3339 Crystal Bay Road, were requesting vacation of this fire lane, in which case the land would revert to the adjacent propeity owners. He noted that the fire ianes were originally platted to provide access to the lake for water in ca.se of fire at the cottages. At one time, diere v;ere three such tire lanes but two others have already been vacated. Ogland stated that he at».j ni: parenis have lived at this address for 50 years and have maintained this fire lane as part of their yard. By vacating this fire lane, it would allow the lots to be more conforming and allow a clearer tule for thv. adjacent property owners. He added that the land is quite steep with several large ees with liriited and obsolete use. He has also talked with John Gerhardson, Public Work- director, who had no objections to the vacation as long as a sewer easement was granted. Ogland stated that although the DNR has the right to be notified, the City has the authority to make a final decision. He felt that bec:*t.se of the terrain and closeness of the properties, it would be impractical to use as a public access. The Stoyke home is 9" from the line of this property. Ogland felt the DNR would always take the position to keep land for public use.