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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 18, 2002 6:30 o'clock p.m. (#4) #02-2834 ROBERT AND JULIE WIENS, 1425 BAY RIDGE ROAD, Continued Rahn moved, Hawn seconded, to recommend approval of Application #02-2834, a Conditional Use Permit for land alteration of greater than 500 cubic yards, subject to the five conditions as noted in the staff report dated November 15, 2002. VOTE: Ayes 6, Nays 0. NEW BUSINESS (#5) #02-2846 LOREN PELLETT, 4753 NORTH SHORE DRIVE, VACATION 6:55 -7:05 P.M. Loren Pellett, Applicant, was present. Bottenberg explained that the applicant was seeking approval to vacate 50' of that portion of the unimproved right-of-way of Lake Street at the shoreline of his property. The r.o.w was originally dedicated in the plat of Bergquist and Wicklund's Park in 1888 . Lake Street is an unimproved street right of way running along the shoreline of Lake Minnetonka from east to west that currently varies from 17' to 21' in width. Bottenberg pointed out that Lake Street serves no public use and conversations with the public utility representatives indicates they have no problem with vacating. Bottenberg pointed out that the City has determined, in the past, that vacation may be appropriate when: • the vacation does not affect access to or use of any adjoining property • the City does not intend to improve, develop, or use the dedicated r.o .w as road • the dedicated r.o .w serves no public purpose Bottenberg stated that in staffs opinion, these three conditions are applicable to the segment of Lake Street right-of-way adjacent to the property, therefore, staff recommends approval of the vacation application as proposed. Mr. Pellett stated that when he bought the lot, he bought it as lake property, and would like to ensure this by adding the parcel to his property and correcting any inconsistencies that have occurred on various records. There were no public comments. PAGE4 of29