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06-16-1997 Planning Commission Minutes
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06-16-1997 Planning Commission Minutes
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MINUTES OF THE ORONO PLANNING COMMISSION <br />MEETING HELD ON JUNE 16, 1997 <br />• cl C lavtnn FrPPhtirsy - ('nntiniiPCi) <br />(ft6 - #774S Rarhars Theisen And _ <br />Clayton Freeburg, owner of lot 6, indicated that even with having built the rock up around <br />his garage, water still runs through it. He said Hennepin County informed him that they <br />would correct this problem. Freeburg noted that it was difficult to drive out of his garage <br />with the few feet available now. Freeburg said the alley could never effectively be used as <br />such due to the steep banks. He said he was informed by his title company at time of <br />property purchase that his garage was located on his property and the alley was included <br />in his property. He would like to straighten out the problems with the question in <br />ownership. He was notified that he did not own the property under his garage and the <br />alley when he attempted to refinance his property. Freeburg said grassing over the area <br />would improve the drainage. The curb and catch basin have recently been installed. <br />Tom Theisen, son of Barbara Theisen, who owns lot 5, reported that his family has owned <br />the property for 40 years and are only now finding out that they do not have legal egress <br />to their property. They must cross Lot A, the tax forfeit parcel, in order to access their <br />property. <br />Theisen reviewed the requirements for the vacation as noted in the staff memo. He <br />indicated in response to finding #1 that the rural ambiance of Orono would be changed if <br />County Road 19 was made straighter thus creating a raceway. He noted that the vacation <br />affects only the Freeburg and Theisen properties. He is concerned with the access coming <br />• across public property. Any improvements to the road by the County would result in <br />creating more traffic and higher speeds according to Theisen. He felt finding #4 was self - <br />evident and only finding 93 was subjective. Theisen questioned whether he has the right <br />to go across Lot A to access his property. Lindquist said he did not have the answer to <br />that question. Theisen said the access and road condition were his concerns. <br />Lindquist indicated if Lot A is owned by the County, the City has no control over it. He <br />suggested the applicants speak with the County. Lindquist said he has to consider the <br />staff recommendation regarding public purpose noting future needs are difficult to <br />determine. <br />Stoddard noted that this vacation was more complex as it involves drainage and future <br />County plans for the roadway. He also suggested the applicants contact their attorney <br />regarding access through Lot A noting the long use of the lot for access possibly might <br />provide them the right to use it. Stoddard asked staff if a vacation has been previously <br />approved which grants future permission to reacquire the property for a nominal fee. <br />Gafii-on said it has not been done to his knowledge and would be problematic. It would <br />limit what the applicant could do with the property. <br />Theisen informed the Commission of an incident regarding a County truck dumping salt <br />and killing grass and trees. "Phis resulted in their determining that they did not in fact own <br />40 the piece of property used for access. <br />
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