07-17-2017 Planning Commission Packet

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,June 19,2017 6:30 o'clock p.m. Barnhart stated in theory,if the right-of-way were vacated,it would go entirely to Lot 19,and that property owner could then choose to sell the entire right-of-way or a portion of it to the other property owner. Schoenzeit asked what percentage of fire lanes the City vacates and whether there is any history of doing this. Barnhart stated he does not have that information available tonight,but the most recent one he can think of occurred in 2015. Barnhart stated to his recollection the road did not touch the lake in that situation. In addition,the City has vacated unimproved rights-of-way,most recently in the Crestview neighborhood, but that road also did not touch the lake and was not similar to this situation. Thiesse asked if the land in front of Lot lwould give access to the lake. Barnhart indicated that is actually city-owned property. Barnhart stated the City owns the four platted lots on the north side of Crystal Bay Road,which prevents the other four lots from having lake frontage. Landgraver asked what some of the general reasons are that the City would not vacate this type of right-of-way. Barnhart stated Staff does not know the potential future uses for this area and neighborhood and if any ability to access the lake is removed,it is difficult to get it back. Barnhart indicated the right-of-way also provides potential public access from the Dakota Trail to Lake Minnetonka and may also have uses for drainage. Landgraver asked how close the other right-of-way is located. Barnhart stated it is approximately half a mile away to the east and that the topography also gets steeper going that direction. Schoenzeit asked if this has the potential to be precedent setting. Barnhart indicated it might. Catherine Sweet,Applicant,3405 Crystal Bay Road,stated the home at 3407 is currently empty. Sweet stated she understands the City's desire to protect the lake and allow for drainage. Sweet stated she would like to make an alternate proposal,which would be to do what the City did in 1908 and flip flop the easement. Sweet noted her driveway sits on the easement and that she had received permission from the City Council in 2004 to retain that. Sweet stated they could take that 20 feet of easement and put it on the other side of 3407. Sweet stated she would then tear down the garage,remove the existing driveway in that area,and then at some point tear down the small house and sell the property. Thiesse asked if she had presented that to Staff at all. Sweet indicated she suggested it this past Thursday when she received Staffs report. Barnhart stated the challenge with that is that adding a new easement or right-of-way introduces the potential that the neighbor might not necessarily be expecting an easement in that location. Barnhart Page 2 of 17