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CITY OF ORONO P.O. Box66 ZONING FILE #01-2749 Crystal Bay, MN 55323 NOTICE OF PLANNING COMMISSION ACTION PHONE:(952) 249-4600 FAX:(952) 249-4616 DATE OF NOTICE: February 28, 2002 TO: Thomas Egan 1408 Holdridge Circle Wayzata, MN 55391 TYPE OF APPLICATION: Variance Conditional Use Permit Subdivision _K_ Other (Right of Way Vacation) DATE OF MEETING: February 19, 2002 VOTE: 6 FOR Planning Commission recommends the following: __ Approval as submitted __ Approval subject to conditions noted below X Denial for reasons noted below Tabled for reasons noted below __ No action required NOTES AND SPECIAL CONDITIONS: 0 AGAINST The Planning Commission reviewed the proposal and noted there may be a public value to Massasoit A venue as a potential trail. The cabins located within the right of way restricts public pedestrian use of the corridor. The entire corridor is almost entirely within 75' of the lakeshore. No buildings could replace the cabins when the time comes for the lots to redevelop. The cabins would have to be moved back on the property to meet all current setback requirements. To keep the interests of the public in mind, the Planning Commission noted the right of way may serve a future public use as island as a future trail corridor. Also noted was the potential for one or two public access points to the lakeshore. The survey indicates the existing right of way does not reach the Ordinary High Water Level (929.4') of Lake Minnetonka. Therefore there is no public lake access at the south end of the peninsula. The Planning Commission discussed the option of an exchange ofland for the vacation to acquire enough property to provide public access to the lakeshore. Based on the potential use of the corridor as a public recreational trail, the Planning Commission felt they would like the Park Commission to review the proposal. The applicant stated he did not wish to have the Park Commission review and would prefer to discuss the proposal with the City Council.