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MINUTES OF THE ORONO PLANNING COMMISSION MEETING <br />0 HELD OCTOBER 18, 1993 <br />( #2) JAMES W. OGLAND /DONALD J. STOYKE <br />3345/3339 CRYSTAL BAY ROAD - VACATION OF ROAD - PUBLIC HEARING - 7:19 <br />P.M. - 7:50 P.M. <br />The Affidavit of Publication and Certificate of Mailing were noted. <br />James Ogland and Donald Stoyke were present. <br />Gaffron referred to a letter received from the DNR today that was handed out to Planning <br />Commission members as additional information to the packet. He explained that this application <br />is a request to vacate a portion of Hillside Place, a 25' wide dedicated right -of -way which <br />probably goes back 75 -100 years. This extends from Dakota Rail to the shore of Crystal Bay. <br />Within that strip is a paved, travelled right -of -way called Crystal Bay Road that doesn't show <br />on the maps. The City has maintained that road for many years and it is the sole access for <br />many houses in the area. No portion of that right -of -way is dedicated to the City. Gaffron <br />suggested the portion used for Crystal Bay Road not be vacated. A City sewer main comes from <br />Hillside Place to the south located roughly in the center of the property. The Stoyke house <br />would gain a better setback because of vacation since he would gain half of the property. <br />Topographic change is quite dramatic in this area. The issue with the DNR letter is that by State <br />statute, the City is required to notify the DNR of any vacation of a public right -of -way on <br />lakeshore property. <br />Schroeder read the letter addressed to Mike Gaffron from Martha Reger of the DNR which was <br />received by fax on October 18, 1993. <br />Jim Ogland, 3345 Crystal Bay Road, stated that he and Don Stoyke, 3339 Crystal Bay Road, <br />were requesting vacation of this fire lane, in which case the land would revert to the adjacent <br />property owners. He noted that the fire lanes were originally platted to provide access to the <br />lake for water in case of fire at the cottages. At one time, there were three such fire lanes but <br />two others have already been vacated. Ogland stated that he and his parents have lived at this <br />address for 50 years and have maintained this fire lane as part of their yard. By vacating this <br />fire lane, it would allow the lots to be more conforming and allow a clearer title for the adjacent <br />property owners. He added that the land is quite steep with several large trees with limited and <br />obsolete use. He has also talked with John Gerhardson, Public Works Director, who had no <br />objections to the vacation as long as a sewer easement was granted. Ogland stated that although <br />the DNR has the right to be notified, the City has the authority to make a final decision. He <br />felt that because of the terrain and closeness of the properties, it would be impractical to use as <br />a public access. The Stoyke home is 9" from the line of this property. Ogland felt the DNR <br />would always take the position to keep land for public use. <br />• 3 <br />