11-19-2012 Planning Commission Packet

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a ' FILE#12-3573 � November 14,2012 Page 2 of 3 Exhibit F. Orono Comprehensive Plan Excerpt Exhibit G. MnDNR Comment Letter 11/13/2012 &Applicable State Statute Exhibit H. Map Showing Past Similar Vacations Exhibit I. Site Photos Background The property consists of three adjacent lots located along the south side of North Shore Drive, legally described as Lots 1, 2 and 3, Block 6, Bergquist's and Wicklund's Park. Between the property and the shore is a dedicated right-of-way platted as `Lake Street'. These lots and the right-of-way were created in 1889. At that time, it was common to plat and dedicate roads that abutted and paralleled the shoreline. Although many of these platt�d roadways may have served some public value at the time, few if any have been developed or improved, and today most are virlually unrecognizable as roadways. Additionally, over time many have been eroded such that they are partially or completely lakeward of the OHWL and sometimes under water, and continuity is often lacking. In past actions the City of Orono has vacated many of these shoreline right-of-ways, while maintaining a strong stand against vacating those alleys or fire lanes that are perpendicular to the shoreline which would potentially provide public access to the lake from other right-of-ways further back from the lake. For example, the applicants' property abuts a 30-foot dedicated roadway platted as Adams Street, which the City would not consider vacating. Lake Street was originally platted at a 20' width; the current survey indicates a width ranging from 22' to 45' as measured from the south property line to the 929.4' contour line. Topographic information from various sources as well as a photo on file indicate the property has a very steep slope to the shore (30%-50% slopes, i.e. a bluffl with no terrace level at the base, hence vehicular travel within the right-of-way is not feasible and pedestrian use is minimally possible at best. It is staff s conclusion that vacating the right-of-way as requested will have no impact on present or future public accessibility to the lake. Two other nearby segments of Lake Street have been vacated by the City - that portion adjacent to 4705 North Shore Drive in 1996, and that portion adjacent to 4753 North Shore Drive in 2002. A map has been included depicting various similar such vacations in the past on the southeast shore of Forest Lake, most of which occurred in 1988 and 1993. MnDNR Opposes Vacation In the attached letter dated November 13, the Minnesota Department of Natural Resources expresses their opposition to the proposed vacation, citing the same 1944 Minnesota Supreme Court decision that appears in the Orono Comprehensive Plan. DNR suggests that there are potential unknown future public uses of the right-of-way, and also cites Minnesota Statute 412.851 which requires the DNR to review the proposal to evaluate (1) the proposed vacation and the public benefits to do so; (2) the present and potential use of the land for access to public waters; and (3) how the vacation would impact conservation of natural resources. DNRs opposition does not preclude the City from approving the vacation ("The notice to the commissioner of natural resources does not create a right of intervention by the commissioner") but is advisory.