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� � O� <br /> � 0 �, � <br /> 3 C ITY of ORONO <br /> � � <br /> ti <br /> �� G'�' RESOLUTION OF THE CITY COUNCIL <br /> �`�kEsH.o�`'� No. 5 5 5 � � <br /> a. Tl1e portion of dedicated right-of-way to be vacated has never been <br /> improved as a public roadway. <br /> b. The right-of-way to be vacated consists of land abutting the lakeshore <br /> and contains slopes ranging from 40% to 70% with no terracing at the <br /> shoreline, and is at the base of a protected bluff. Tlierefore, the area to <br /> be vacated cannot reasonably expect to be developed for any public <br /> use, but has value only to the immediately adj acent uphill property <br /> owners as access to the lalceshore. Unlike the portion of Lake Street <br /> intersecting the nearby unimproved extension of Adams Street within <br /> the plat of Bergquist and Wiciclund's Park, the portions to be vacated <br /> do not serve as a public drainageway nor as potential future access to <br /> the lake. Therefore, vacation of said right-of-way will not eliminate <br /> access to any adjoining or nearby properties, nor will it limit or <br /> � eliminate access to Lake Minnetonka or any other public amenity. <br /> Further, the remoteness of the said right-of-way makes it inaccessible <br /> for lakeshore bank maintenance should such bank maintenance <br /> become necessary, which could be more easily accomplished by the <br /> immediately adjacent uphill owners. <br /> c. Utility companies have been notified of the proposed vacation and <br /> none have requested that easements for utility purposes be retained. <br /> � d. The City does not intend to use the portion of right-of-way to be <br /> vacated for any public purpose. <br /> 7. The side street setback variance for Parcel A is justified because the side <br /> street is an undeveloped right-of-way. This undeveloped right-of-way is <br /> used for purposes of drainage and it is unlikely that it would ever be <br /> developed. Further, this side street setback variance allows for an <br /> adequate driveway and parlcing area for Parcel A without interfering with <br /> the functionality of the shared driveway. <br /> 8. The bluff setback variance for Parcel A is justified by the steepness of the <br /> topography over the entire lot. The encroachment into the 30' bluff <br /> setback is reasonable and is the minimal necessary to niake the site <br /> . � grading work. <br /> Page 4 of 9 <br />