HomeMy WebLinkAboutRe: fire lane ,
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��C�� 2750 Kelley Parkway P.O. Box 66
Orono, M N 5 5 3 5 6 Crystal Bay, MN 55323-0066
September 18, 2009
Jim Gustafson
1310 Spruce Place
Mound, MN 55364
RE: Lake Access
Thank you for stopping by the City offices last week with your question. According to the
Transportation Section of the City's draft 2008-2030 Comprehensive Plan (copy attached) there
is nothing in the City's future for giving the "fire lane" in question a special designation, i.e.
limiting hours of use. This draft Comprehensive Plan is consistent with the current 2000-2010
Comprehensive Plan.
If you have any additional questions, please contact me at 952-249-4620.
Sincerely,
CITY OF ORONO
Il�'�`�'
Christine Mattson
Planning Assistant •
Attachment
Telephone(952)249-4600 • Fax(952)249-4616
www ci.orono.mn.us
,
CMP Part 4A. Transaortation Plan
roads to serve new residential developments of 3 or more units; by limiting the
number of curb cuts per residence; by prohibiting direct access rincipal arterials;
and by a number of other regulations involving the loca ' , type and number of
access points to the arterial roadway system.
It is the City's policy that new direct acces arterials is to be minimized to the
greatest extent possible. However,man southern Orono's arterials near the Lake
Minnetonka shoreline have historica served a dual function as both arterials and as
local/collector streets,due to geo aphic and topographic limitations. Minimization
or consolidation of existing d ' eway and local street access points along these unique
roadways is a complex ter which will often require the cooperation of multiple
property owners. Th iry will encourage the use of shared driveways along existing
developed arteria wherever feasible. Further,the City will continue to investigate
the feasibility f closing existing direct local street access points to principal and
minor arte ' Is where suitable alternative access points may be established.
LAKE ACCESS PRESERVATION AND MANAGEMENT
With more than 40 miles of Lake Minnetonka shoreline and nearly 5 miles of
additional lake shorelines, Orono's lakes provide a significant recreational resource
for all Orono residents,not just for those who own property abutting the lakes. This
value was long ago realized by the City fathers,as well as by early land developers.In
order to provide lake access for the general public, as well as to provide for fire
department access to the lake as a water source, a number of lake access corridors
were created as the shoreland deve(oped. These typically are platted,dedicated right-
of-ways leading from the local road system to the shoreline,and are commonly from
16' to 66' in width.
The historic level of use of these right-of-ways(sometimes referred to as "fire lanes°
or"lake access roads")ranges from minimal to year-round. Certain ofthese corridors
have been maintained by the City for local swimming beaches or as winter
snowmobile and ice-fishing accesses. Certain accesses are provided with docks for
fishing, and some have ramp areas suitable for launching a small boat. However,
most do not have designated parking available,and are primarily intended to serve the
neighborhood rather than the general public. A number of these access corridors have
steep topography and experience a relatively low level of usage.
The value of these corridors to the general public both now and in the future is too
great to be measured. While an access corridor or fire lane may appear to an adjacent
landowner as abandoned,there may well be a future public need for that corridor that
may not be obvious today. The Minnesota Supreme Court in 1944 (Application of
Baldwin,et al No. 33721 for vacation of a platted dedicated lake access road)upheld
the value of retaining the public's right to access the lake. In an excerpt from the
findings of the Court:
City of Orono Community Management Plan 2008-2030 Page 4A-31
CMP Part 4A. Transaortation Plan
'This court requires no proojthat Lake Minnetonku is a priceless heritage of the people of Minnesota,to be preserved
and passed on to posterity. Judicia!notice wi[1 be taken of the fact that it is one ojthe most precious jewe[s in the
string ojTen Thousand Lakes of which Minnesota is so justly proud.. Because of its wide expanse and proximity to
our metropolitan areas,it is much frequented and used jor baating,fishing,picnicking and bathing-perhaps more
than any other lake in the state. !ts shore line oJ nearly 100 miles is dotted with permanent homes and summer
cottages,not only at its waters edge,but extending far back jrom the shore. But the use of the lake is not confined to
dwellers on its shore or nearby. During the summer season especially,it is the mecca for thousands upon thousands oj
urbanites,not so fortunate as to possess a[ake home,who-young and old alike-seek its shores and waters jo�diverse
recreationa!purposes. To those who do not indulge in active recreation,it affords the opportunity of communing with
nature at its best. With the increase in the permanent lake population,however,the extent ojlakeshore available to the
public generally and the means of public access to the lake have diminished and therefore become increasingly
valuable from yea�to year...we must not forget that the public includes persons other than those in the immediate
vicinity. The genera!public has a t�ue concern in the recreationa!facilities ojfered by the lakes which nature has so
freely given us in this state. Their generous sharing by al/will make fo�a healthier and happierpeop[e. The many not
fortunate enough to be able to acquire the advantages ojownership of lake shore properties shou[d not be deprived of
these benefits. This we would do ijwe pe�mitted streets leading to the lakeshore to be vacated..
The loss to the public of ISO jeet of shoreline out oja total ojapproximately 100 miles may to the Baldwins seem
inconsequential or even infinitesima!and nothing to be disturbed about. But,ojthis 100 mi/es ofprecious shore/ine,
only a smal!fraction has been reserved for thepub/ic;and ijthe courts should create aprecedent by permitting a single
inroad,however small,upon the public�S share ojthe shoreline,other inroads wil!inevitably fo!low,until the aggregate
becomes a real threat to the pub[ic�S jree access to the lake. To avoid any possibility of such a result,the courts should
with equal vigor repulse the first,the second,and every other assault upon the public domain."
Less than 1%of Orono's lake shoreline has been dedicated as public access corridors.
Nearly all the rest is privately owned,and not available to the public for lake access
purposes, save for the DNR Maxwell Bay Access, Hennepin County's North Arm
Access and the City's Summit Park on Long Lake. Hennepin County's Noerenberg
Gardens Memorial Park,while abutting Lake Minnetonka, has deed restrictions that
disallow use for docking or launching boats.W ith shoreland abutting a dozen separate
bays in Lake Minnetonka, Orono has a commitment to maintaining access via the
dedicated access corridors. Orono's lake accesses are enumerated in Table 4A-8.
Lake Access Policies
It is the City's intent to permanently retain for public use all existing lake access
corridors and fire lanes,regardless of the current level of use or maintenance. To this
end, the City will follow these policies:
1. Requests for vacation of dedicated lake access right-of-ways will be denied in all
cases except where equal or better lake access will be granted nearby in return.
2. The City will identify and take necessary action to preserve the public's right to
use of any such accesses which exist but which may not have been formally
dedicated.
3. The City will endeavor to work with property owners adjacent to lake access
corridors to ensure that both the rights of the public and the rights of the private
landowner are upheld.
City of Orono Community Management Plan 2008-2030 Page 4A-32
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ID Access Name P�a� Between Designated UPDATED 4/2/Ol (#S,7) UPDATED 5/21/08
# or Street Name Section Address#s Use Notes
Brown's Bay(Lower I.ake)
I Lnd of Orono Lane 2-S 1355/1385 Not open for public use;plat map indicates questionable abutment of shoreline
-- Shoreline Drive-"Molly's 2-S Across f�om Shore Fishing Hennepin County provides an informal parking area and trashcans at this wide
Corner" (Oudot A,Dragonfly 1410 Shoreline spot along Shoreline Drive;popular fishing spot;winter vehicular access feasible
Hill)
Smith Bay(Lower Lake)
2 Shoreline Drive at Spates l0-S Aclj to 1955 W inter Only Gated in summer;seasonal Long Lake Fire Dept.boat dockage established here
in 2008;winter vehicular access allowed.
3 North Shore Drive at Shoreline 10-S Tracts S&U,RLS 192;these tracts are on the steep slope adjacent to Shoreline
Drive Drive;due to slo e and safet issues this access oint is not o en for ublic use
Crystal Bay
-- North Shore Drive 9-S 2605/2655 No longer a public access
`"I'own Road")
4 North Shore Drive at E3aldur 8-S 3498/3510 Winter Only 30'wide platted road right-of-way
Park Road
-- North Shore Drive east of 17-N 3685/3705 33'wide eastward extension of North Shore Drive(Ilennepin County jurisdiction)
Shad wood Road
5 Shadywood Road at Sunset Dr 17-N 1998/2000 I 5.2'wide platted alley-closely abutting homes on either side
6 Crystal Bay Road(West end) 17-S Adj to 2264 66'wide platted road extending to lakeshore;City also owns 4 adjacent tiny
Shadywood lakeshore parcels to the east for an additional 200'of shoreline,over which a
number of inland private parcels claim deeded access rights for"boating and
bathin "... status currentl under discussion
7 Crystal Bay Road(Relocated 17-S i405/3415 20'relocated alley from Railroad property to sl�oreline;potential lake access from
extension of Bayview Place in railway corridor. The only known documentation is Doc.#507616 deed filed
plat of"Wallace's Addition...") Nov. 10, 1908 from Wallace et al to Priebe which states that the 20'strip is
"heretofore taken for street purposes"and notes that the platted alley between
Lots I8 and 19 was vacated b the District Court.
8 Crystal Bay Road(Platted 17-S 3339/3345 25'wide platted roadway;contains municipal sewer lines,potential access from
extension of Hillside Place nei hborhood and Railroad/Trail corridor to lakeshore
M:►xwcll 13ay
9 (�ibbs Landing-Fox St. 4-S Adj to 3125 Pedes[rian Tax records show access as OuNot A,o�vned by owner of 3 I 25,City has
year-round, easement over Outlot,City maintains access
veliicles
winter onl
Stubbs B�,y
10 Lastlake Street 5-N 3424/34G5 WinterOnly 30'platted road gated March 1 -Dec. I
I I Bayside Rd.at Stubbs Bay Rd. 5-N 3580/3G40 Pishing Doch .i3'platled road ("Oak Street" in plat of"Bay View Park")Also used for winter
access b snowmobiles off Luce Line
12 Qayside Rd 5-N Across from NA "I'wo 60'platted roads and one 65'platted road to the Lake(Park, Spring,and
3640,3700, Maple Streets in plat of Bay View Park;and Theresa St. in plat of Otroville on
,�750 Ba side Lake Minnetonka).These otential access oints are not o ened for ublic use.
13 [3ayside Rd. 5-N West side of NA i0'realigned platted road(Realigned"Lake Street" in the plat of Ottoville on
3775 Ba side Lake Minnetonka)(See street file 3775 Ba side).Not o�ened for �ublic use.
14 Westlake Street 5-N 372/389 30'platted road right-of-way e�tending to lakeshore;walking access only.
North Arm I3ay
15 Park Lane 6-S 607/649 Fishing Dock 60'wide platted road, paved to shoreline-usable for boat launch but there is no
arkin� available
IG Oak Street G-S Adj to 41 19 ;0'�vide platted road,not developed,steep slopes and ravine limit use
17 E3aldur Park Road 8-S Across from NW end of platted developed road as it extends ro shoreline
1384/1392
1 S Oak Place(Platted road in plat 8-S 3768/3818 40'wide platted undeveloped road extending from North Shore Drive across
of"Cr stal Ba View") North Shore Dr latted Cherr Ave[o shoreline; mostl wetland or under water
19 Sandy Beach(Extension of 8-S 3898/3908 Swimming GO'wide platted roadway used for City beach
Ma�le Place) Cherr�Ave E3each
20 (irant SU•eet 8-S 131U Spruce� 50'�vide platted road,undeveloped
1.;30�'hcrrr PI
2l Spruce Place 8-S 12_50/1260 40'wide(remaining after partial vacation)platted roadway,undeveloped
22 Loma Linda Avenue 8-N 1098/1 I i0 Fishing Dock 40'wide platted road;also useful for vehicular access
Forest Lake
23 Forest Lake Landing 7-N 4415/4440 60'wide platted road right-of-way,access not developed,walking use only
24 Elmwood Avenue 7-N South of 1 199 20'wide platted road/alley undeveloped right-of-way leading to shoreline
25 "Summit Avenue"(Extension 7-S 10G7/1101 50'wide platted road undeveloped right-of-way to shoreline
of Eimwood Avenue)
26 "Buff StreeP' 7-S West side of 50'wide platted road right-of-way to shoreline,not developed
1453 Park Dr
West Arm Bay ,
27 North Shore Drive west end 7-S "4795" 3i'platted right-of-way corridor extension of Co. Rd. 19 plus tax-forfeited Lot
(adjacent to Orono/M'trista Shoreline l0,Block 6,"Bergquist and W icklund's Park...'; undeveloped corridor primarily
border) for draina e ur oses due to ve stee slo es
28 Nortli Shore Drive at"Adams 7-S 4731/4745 40'platted road right-of-way extension in plat of"Bergquist and Wicklund's
StreeP'Extension Park..."undevelo ed,ve stee ,used for draina e
29 Rest Point Lane 7-S 1340/1345 33'platted right-of-way corridor,pavement does not extend to lake
30 Rest Point Road 7-S 1405/1410 16'platted road right-of-way widens to about 40'at shoreline,paved but no boat
launchin available
3 I Orchard Beach Place 7-S West of 1530 50'platted road right-of-way extends to shoreline;iree growth and topography
limits vehicular access
32 Highwood Lane Extension 7-S 4156/4167 20'platted alley right-of-way to shoreline;steep slope to shoreline,undeveloped
Hi hwood Rd
33 Highwood Road Alley 7-S 4051/4075 20'platted alley right-of-way to shoreline,not developed
34 Corral Road Extension 17-N 1785/1825 20'platted alley mainly for drainage but also walking access
Concordia
35 Fagerness Point Accretions 18-N Across from Accretions to the 40'originally platted road in the plat of"Fagerness";title
19G5/1985 registrations by most abutting owners have resulted in dedicated right-of-way no
Fagerness Pt Rd lon er abuttin shoreline; it a ears that there is no ublic access remainin
Spring Park Bay
36 Casco Point Beach 20-S 2871/2879 Swimming GO'wide platted road("Carman SY')used as a City swimming beach
Casco Pt Rd Beach
37 Casco Circle 20-S 3195/3205 60'wide platted road right-of-way to shoreline at the south side of Casco Circle-
undevelo ed
Carmans Bay
38 "lvy Lane"(Ivy Place) 20-S 3486/3508 60'wide platted road right-of-way extending to shoreline east of Ivy Place-
stee ,used for draina=e
39 "Spring StreeY' 20-S 2600/2618 40'wide platted road right-of-way from Casco Point Road to shoreline along
Casco Pt Rd south side of lat of"Kaster Cove"-undevelo ed,walkin access onl
40 Carman Street 20-S 2490 Carman/ 30'wide platted road right-of-way extending to shoreline,fishing dock
3555 Frederick
41 Lydiard Beach 20-S End of Lydiard Swimming 66'wide platted road right-of-way extending to shoreline,used as a City
Rd Beach swimmin beach
Big Island
A N. End of"Lawn Avenue" 23-N ��� 33'wide platted roadway adjacent to Lot 4G,Morse Island Park
B E.end of"Tooisit Avenue" 23-N 1���120 33'wide platted roadway adjacent to Lot 45,Morse Island Park-slope makes use
difficult
C Unnamed Street 23-N 120/140 90'wide platted roadway between Lots 38 and 39,Morse Island Park-City has
established drivable �ravel road for emer=enc &service vehicle access
D "E3ay Place" 23-N 21��2b0 50'+/_H,ide platted roadway between Lots 21 and 54,Morse lsland Park
E "Meadow Lane East Extended" 23-5 2g��29� 20'wide platted roadway between Lots 59 and 60,Morse Island Park-steep
slo e makes use difficult
F "Meta-Comet Avenue South" 23-S 34� 33'wide platted roadway between Lot F Morse Island Park and Lot 3,Morse
Island Park 2"d Addition
G "Massasolt Avenue West End" 23-5 440/450 33'wide platted roadway between Lot 1,Morse Island Park and Lot I,Scrivers
subdivision of Lot E,Morse Island Park-stee slo e
H "Meadow Lane Alley" 23-S 450/460 16'platted alley between Lots 5 and 6,Morse(sland Park-drivable for
emer enc and service vehicles
I "Pleasant View StreeY' 22-S 570/600 30'platted roadway between Lot 9,Pleasant View Lake Minnetonka and Lot 3,
Island Pointe
� �Iennepin County Property Map Print Page 1 of 1
Hennepin County Property Map - Tax Year: 2009
The data contained on this page Is derived from a compilation of records and maps and may con[ain discrepancies tha[can only be disdosed by an accurate survey performed by a IicenseA
land surveyor.The perimeter and area(square footage and acres)are approxima[es and may contain discrepancies.The information on this page should be used for reference purposes only.
Hennepin County does not guarantee the accuracy of ma[erial herein con[ained and is not responsible for any misuse or misrepresen[ation of this informa[ion or i[s derivatives.
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Selected Parcel Data Date Printed:9/10/2009 9:55:11 AM
Parcel ID:08-117-23-32-0017 Current Parcel Date:9/4/2009
Owner Name:] P GUSTAFSON/E M GUSTAFSON
Parcel Address: 1310 SPRUCE PL,ORONO, MN 55364
Property Type: RESIDENTIAL LAK Sale Price: $875,000.00
Homestead: HOMESTEAD Sale Date: 02/2005
Area (sqft): 20797 Sale Code: WARRANTY DEED
Area (acres): 0.48
A-T-B: BOTH
Market Total: $912,000.00 /� //��
Tax Total: $7,898.88 ���?(1 � / /���J �'1j\� r
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http://gis.co.hennepin.mn.us/HCPropertyMap/Locator.aspx?PID=0811723320017 9/10/2009