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STATC or <br />DEPARTMENT OF NATURAL RESOURCES <br />Region VI Trails and Waterways, 1200 Warner Road, St. Paul, MN 55106 <br />PHONENO (612) 772-7935 ' FiLENO <br />OCT 2 0 1993 <br />October 10, 1993 <br />Mr. Mike Gaffron <br />Assistant Planning and Zoning Administrator <br />P.O. Box 66 <br />Crystal Bay, 55323-0066 <br />: ♦ <br />J,! <br />Dear Mr. Gaffron; <br />Please 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 Bay Road, as shown on the attached map. This right-of-way as <br />originally 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 <br />preclude future public use. <br />The citizens of Minnesota have a right to use all of the public waters in our <br />state. Any attempt to preclude public acce.'is should be carefully considered. <br />The Minnesota Department of Natural Resources devotes considerable effort to <br />providing citizens with free and adequate access to our water throughout the <br />state. <br />According to the Minnesota Supreme Court, a vacation of a public street must <br />be in the public interest. Additionally, the public includes persons other <br />than those in the immediate vicinity. Our goal is to protect and preserve the <br />public's right to all forms of accesses. These accesses can include but are <br />not limited to shore fishing, canoe/carry-in access, winter access, boat <br />access, swimming and picnic areas, and observation areas, ^y access the <br />public has, has value. The water is public, and any access is an access to <br />public property. The public owns it now, and should not lose any property or <br />opportunity. No access should be simply "given" to the adjacent neighbors. <br />Although there is other public property on Lake Minnetonka, that is not the <br />test. The test is whether the vacation of this particular right-of-way is in <br />the best interest of the public. <br />Please consider the above request for the denial of the proposed vacation. <br />Additionally I would be glad to meet with any concerned parties to discuss any <br />other options. <br />Sincerely, <br />cuU'Q <br />Martha J. Reger <br />Area Trails and Waterw.-ys Supervisor <br />attachm.ent <br />cc;Del Barber, Regional Supervisor <br />George Golden, Attorney General's Office <br />Kim Lockwood, Water Recreation Specialist <br />AN EQUAL OPPORTUNITY EMPLOYER