01-16-2018 Planning Commission Packet

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Item 2 Date Application Received: September 27,2017 �O�VO Date Application Considered as Complete:October 12,2017 60-Day Review Period Expires: December 11,2017 60-day Extension Period Expires:February 9,2018 -*‘S. To: Chair Thiesse and Planning Commission Members � L � 4A-ESHo �' Dustin Rief, City Administrator From: Laura Oakden, Planner LLO Date: January 16, 2018 Subject: #17-3983, Eric and Liz Vogstrom, 2816 Casco Point Road, Right of Way Vacation, Public Hearing Application Summary: The applicant is requesting the City of Orono to vacate an unimproved platted right of way with lake access. Staff Recommendation: Planning Department Staff recommends denial. Background Applicants Eric and Liz Vogstrom of 2618 Casco Point Road are requesting to vacate the unimproved right of way that is directly abutting their property to the north. The right of way was originally a product of the Winship's Subdivision. The unimproved right-of-way is a dedicated lake access for pedestrians according to the Comprehensive Plan. The applicant uses the right of way to access their dock. The applicant has included a narrative with the application attached as Exhibit E. Applicable Regulations: MN State Statute 412.851 VACATION OF STREETS. The council may by resolution vacate any street, alley,public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley,public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote offour fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks'published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time,place, and date of the hearing. In addition, if the street, alley, public grounds,public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a right of intervention by the commissioner.At least 15 days prior to convening the hearing required under this section, the council or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must 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