05-20-2019 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION Monday,May 20,2019 6:30 o'clock p.m. ROLL CALL The Orono Planning Commission met on the above-mentioned date with the following members present: Chair Jon Ressler, Commissioners Chris Bollis, Bob Erickson,Matt Gettman, Dennis Libby,Mark McCutcheon, and John Thiesse. Representing Staff were Community Development Director Jeremy Barnhart, City Planners Melanie Curtis and Laura Oakden, and Recorder Jackie Young. Chair Ressler called the meeting to order at 6:30 p.m., followed by the Pledge of Allegiance. APPROVAL OF PLANNING COMMISSION MEETING MINUTES OF APRIL 15,2019 Thiesse moved,Gettman seconded,to approve the minutes of the Orono Planning Commission meeting of April 15,2019,as submitted. VOTE: Ayes 7,Nays 0. NEW BUSINESS 1. LA19-000017 STEVE AND JENNIFER PAIDOSH,4300 NORTH SHORE DRIVE, RIGHT-OF-WAY VACATION,6:32 P.M.—7:18 P.M. Steve Paidosh,Applicant,was present. Curtis stated the applicants are requesting to vacate the unimproved right-of-way of Bluff Street and a portion of the undeveloped right-of-way of Forest Boulevard directly abutting their property to the east. The rights-of-way were originally dedicated with the plat of Saga Hill Revised. There is an existing City storm water catch basin and pipe in the right-of-way. Part of the applicant's proposal includes providing an easement over these structures. The challenge with vacating rights-of-way is that vacation is final. Should the public or the City desire access to the lake or have utility needs in the future,the cost to taxpayers to reacquire lake frontage will be at a premium. Vacation reduces options for the City in the future. While the City will consider requests for vacations,these particular rights-of-way have improvements and vacation is not supported by state statute. The importance of access to the lake is outlined in the Comprehensive Plan. The Minnesota Department of Natural Resources has reviewed the vacation request and provided comments. The DNR opposes the vacation. Their analysis indicated that the proposed vacation does not provide a public benefit,nor does it protect future public use of the land to access the lake as the statute dictates. Written comments from the other abutting neighbor have been received and have been included in the Planning Commission packet. The Planning Staff should review whether the requested vacation follows the Comprehensive Plan, whether the request meets the statutory requirements for approval, and whether approving this action would set a precedent for future lake access vacations. Staff recommends denial of the request to vacate the two rights-of-way because the vacation does not meet the criteria for approving a vacation as outlined in the state statute. Page 1 of 16