#2063 Attempted Vacation on Crystal Bay Road

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STATE OF ~~~~©u& DEPARTMENT OF NATURAL RESOURCES PHONE NO. VI Trails and Waterways, 1200 Warner Road,--St--:-Paul, MN 55106 772-7 935 \\.',', FILE NO. November 9, 1993 Mr. Mike Gaffron Assistant Planning and Zoning Administrator P.O. Box 66 Crystal Bay, MN 55323-0066 Dear Mr. Gaffron: Please be advised, that after further review of the proposed road vacation of the right-of-way described as Hillside Place located between 3345 and 3339 Crystal Bay Road, the Department of Natural Resources still opposes it. A vacation of a public street must be in the public's best interest. According to the Minnesota Supreme Court, in the Baldwin case, "And where, as here it is proposed to vacate a street which is located upon a lake shore, the matter should receive "our most careful consideration ... the final test is whether the public interest will or will not be best served by discontinuing the way." The Baldwin case further goes on to state, " ... yet the state, though not a party to nor represented in the proceedings, has real and substantial rights to protect ... " It is therefore, the Department's position that we are protecting and preserving the rights of the public for whatever present,or future use this right-of-way may hold. The question of another street, closer by, being used as an access, is irrelevant. In Krebs vs. Northern they address that specifically, "It is no answer that Second street is better adapted for development or that it would afford more convenient access to the present public desireing to go to the lake ... the question for consideration here is whether First street is useless, not whether some other street is more useful, for the purpose for which it was laid out.'' This case also indicates that it is irrelevant as to whether the current road has been used on a regular basis In our opinion there is no evidence showing that this right-of-way holds no potential future use. There is evidence in effect that in the future there may be a greater need for use of the street than now exists. Most of the lakeshore lots in the vicinity, and around Lake Minnetonka, have been sold to private individuals, and are being used. Fifty years ago who would have known about the invention of the snowmobile, and how important access for that is. Who knows what will be in place fifty years from now. In closing, a closer look at the dedication in the Wallace's addition plat makes it appear that the City does not have jurisdiction to vacate this right- of-way since it is not a City street, but instead the road was given in fee to the plat owners in common {see enclosured). AN EQUAL OPPORTUNITY EMPLOYER