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3, <br />TO:Plannine Commission Members <br />Ron Moorse, Citv Administrator <br />FROM:Michael P. Gaffron, Asst. Planning & Zoning Administrator <br />DATE:November 10. 1993 <br />SUBJECT: #1876 James Ogland/Donald Stoyke. 3345 and 3339 Crv'stal Bay Road <br />Vacation - Continuation of Public Hearing <br />List of Exhibits <br />A - Letter and Narrative from Ogland 10/20/93 <br />B - Sketch Provided to DNR 10/26/93 <br />C - Letter from DNR 11/9/93 <br />D - Court Cases Faxed to City by DNR 11/5/93 <br />E - 10/18/93 Letter from DNR <br />F - Excerpts from Original Plat of "Wallace’s Addition. . <br />G - Orono Comp. Plan E.xcerpt <br />H - Notice of Planning Commission Action 10/27/93 <br />I - Memo and E.xhib?-< 1C'13/93 <br />This item was tabled at your October 18th meeting. Planning Commission directed staff <br />to ftirtlier discuss the matter w ith DNR officials to gain a better understanding of their position <br />on the vacation issue. These discussions resulted in a second letter. <br />DNR Comments <br />Martha Reger, DNR’s Area Trails & Waterways Supervisor, indicated that she <br />discussed this matter w'ith the Attorney General’s Office. It is their opinion that whether this <br />roadway provides a current public benefit has little bearing on whether it should be vacated. <br />They refer to two specific court cases (one on Lake Minnetonka) in which the Court generally <br />upheld the principle that the public interest is best serv-ed by not vacating such rights-of-way, <br />and that just because there is no current public use of the dedicated road it is not reasonable to <br />assume that a) there never will be a public use in the future or b) that the rights ot the abutting <br />property owners who stand to gain by vacation are greater than the rights ot the public to use <br />land dedicated for public use. <br />In response to my question "What will be DNR’s response if the City does vacate the <br />right-of-way?", Reger indicated it was her opinion that the Attorney General’s Office would <br />likely seek to have the City ’s vacation action ovemimed. When asked whether the fact that <br />additional public access lanes exist nearby has a bearing, she indicated that the Attorney <br />General’s Office said that is inconsequential. <br />J