Re: easement area - Laserfiche WebLink

Home Browse Search

� � d. City Ordinances also preclude building or altering any retaining wall, or otherwise changing the grade of the shoreline property without a conditional use permit. Application for the permit must be accompanied by a drawing made by a registered surveyor. Grading or altering the changes in elevations within 5' of an adjacent residential lot line is considered an "unusual land alteration" which must be reviewed by City Counsel for approval due to potentially negative impacts. Sec. 10.03 (20) (3) (c) . A city ordinance also precludes accessory structures within 10' of the side lot line. Sec. 10.03 (15) . In my opinion, installation of steps will require construction of a retaining °wall and would change the grade of the slope. It would also require grading or altering a change in elevation with 5 feet of an adjacent lot. This would conflict with city ordinances. In my opinion, removal of the vegetation, the trees or installing steps, is inconsistent with City policies and ordinances regarding lakeshore management, and would not be approved by the City Council. Also, the City frowns on, and does not recognize, this type of pedestrian easement to provide lake access to non-lakeshore properties. Also, any improvements to the alleged easement area would require the use of heavy equipment. The heavy equipment will need to access the adjoining landowner's property. Temporary construction easements will need to be gathered from both the adjoining landowner and the homeowner for purposes of removing any trees or brush or installation of any sort of improvement. In addition, installation of steps from the street level will require substantial grading and filling which would likely adversely affect the structural integrity of the existing driveway. Installation of any improvement at street level would likely require a retaining wall to be built to prevent the driveway from eroding and to prevent a potentially dangerous situation. The cost to maintain the structural integrity of the driveway would likely be substantial. Installation of a dock on the easement area is also prohibited by city ordinance. The minimum dock setback from a property line is 10' . The easement area is located only 4' from the lot line. Thank you for your assistance in this matter. Please contact me at (952) 249-4621 should you have any further questions. Sincerely, �/��1 V Greg Gappa Director of Public Services cc: Steven L. Schechtman, Esq.