HomeMy WebLinkAbout#03-2874 Denial Resolution 4951CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
JI} a r-· NO. <:t v eJ1 'iJ
A RESOLUTION DENYING A REQUEST
FOR VACATION OF A PLATTED ALLEY
BETWEEN LOTS 6 AND 7, BLOCK 4, CASCO HEIGHTS
FILE NO. 03-2874
\-VHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Richard Kail (hereinafter the "applicant") on February 20, 2003
completed filing of a formal application with the City of Orono (hereinafter "City") for vacation of a
platted alley dedicated within the plat of Casco Heights, such alley being legally described as
follows:
That part of the alley within Block 4, Casco Heights, Hennepin County,
Minnesota, dedicated to the public in said plat which lies between Lots 6 and 7,
Block 4, Casco Heights, lying between the northeasterly lines extended of said
Lots and the southwesterly lines extended of said Lots; (hereinafter "the alley");
and
\-VHEREAS, after due published and mailed notice, the Orono Planning Commission
held a public hearing on March 17, 2003 regarding said alley vacation, at which time all persons
desiring to be heard concerning this application were given the opportunity to speak thereon; and
\-VHEREAS, after due standing and consideration, the Planning Commission
recommended denial of the requested easement vacation, and the City Council of the City of Orono
finds that said easement vacation, as proposed, is not in keeping with the public interest in
consideration of the following findings:
1. The alley was dedicated in the plat of Casco Heights in 1911. The alley was
dedicated for the public use, and while it may have seen minimal public use in
the past, certain aspects of its location suggest potentially greater use in the
future.
2. The alley provides a 14' wide continuous straight corridor between Casco A venue
and Casco Point Road.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 4 9 f:1 1
3. The alley provides a potential pedestrian connection from the Casco A venue /
Caroline A venue/ Ethel A venue neighborhood to the City beach at Carman
Avenue.
4. While a portion of the alley south of the applicant's property may be wetland,
the possibility for use of the alley in the future via a walkway through the
wetlands, or for cross-country skiing and snowshoeing access to the Lake via the
beach in the winter, should not be minimized.
5. The property adjacent to the alley directly behind the applicant's property is City-
owned undeveloped land, used for stormwater drainage purposes. The City cannot
predict the value of this alley as a corridor for future storm water needs, but the
City should not eliminate any possibilities. Likewise, as City land, the area
behind the applicant's property may have potential park uses that are currently
not envisioned, and this alley provides potential access for such use.
6. While past utility use of the alley may be minimal, the City cannot predict the
need for future utility use of the corridor, and because it connects two main
residential streets, there are likely possible future uses for public utilities (such
as sewer & water, gas, telephone, electric, cable TV, or other communications
needs) that are as yet unknown; and
WHEREAS, the City Council in recent years has gained a strong awareness of the
value of public access to the lake. This corridor has potential to provide connectivity between an off-
lake neighborhood and the lake. The Council is generally reluctant to vacate public rights-of-way
that are in use, especially in Orono's defined Urban Area (the½-acre and 1-acre zones, including
Casco Point). While this alley may have had minimal use in the past, it has significant potential for
future public use. The Orono 2000-2020 Community Management Plan, Pages 4A-32 & 4A-33
regarding preservation of lake access, supports the maintaining of lake access corridors and is
applicable to this request even though this alley does not directly abut the lake.
NOW, THEREFORE BE IT RESOLVED, that the petition of Richard Kail for
vacation of a portion of alley within the plat of Casco Heights is hereby denied.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
A 1111 i."" ~1 NO. 'k 'O O J.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held this 14th day of April, 2003.
ATTEST:
Linda S. Vee, City Clerk
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Barbara A. Peterson, M ayor
The foregoing instrument was acknowledged before me on this / ~y of -4prr'I , 2003
by Barbara A. Peterson, Mayor of the City of Orono , a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
~-✓---@.°c~~~aaz: Z 2 8~
I l ,,-, ' . RACHE L DODGE
i NOTARY PUBLIC · MINN E:'OTA
;;-.,;;;;-,"-e, ·;;-:-:~Commi ss ion Expi res Jan. 31 , ~005
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public u
The foregoing instrument was acknowledged before me on thi s/ t"fay of Jl;ao'f , 2003
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and s aid
instrument was executed on behalf of the City.
·'1'~~~!e?.;~~aeee.i!82:e:a:c3:ae~""'
[:~ ''.,.,..,.,.\ RACHE L DODGE ~~ ( . -,· i NOTARY PU BLIC · MI NN E'.'OTA
~ '~~.• / My Com miss ion Ex pi res Jan. 31, 2005
[l,i-~~ ,,._ -~ Notary Public
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