04-14-2009 Council Work Session Packet

Home Browse Search

� y A residence was subsequently built at 3445 and apparently marketed as a lakeshore property. While the property has since gone through a number of ownerships, the City has steadfastly continued to advise current and potential owners that 3445 is not a lakeshore lot and cannot have a dock. The City had the 4 lots surveyed in April 2006 in preparation for further action to define the . potential user rights associated with the parcels. In October 2006 the City Council authorized submission to Hennepin County of an application for registration of title of the four parcels, with the expectation that the registration process would resolve any identified title issues and clarify what interests neighboring and nearby property owners have in these lots. The City also had an expecta.tion that the substantial title research work involved in this registration process would be completed by Hennepin county staff. It was learned in March 2008 that the County would not, in fact, proceed with the necessary.title work due to the magnitude of the effort required to research approximately 125 lots. The City Attorney subsequently advised the City Council that the title research needed would likely cost $25,000-30,000. The City Council was not prepared to undertake that expense at this time and the registration process is at a standstill. As of October 2008 the City's position remains as follows: 1) The property at 3445 Crystal Bay Road does not have rights to have a dock at the lakeshore, and because the variance resolution specifically states that this property is not - considered as riparian, and provides notice to the owner and to the public of that fact,the City will take positive action to force the removal of any docks installed on the City parcel across from 3445. 2) The properties at 3407 Crystal Bay Road, 3415 Crystal Bay Road and 3435 Crystal Bay Road similarly are considered by the City as not having rights to a dock on the City lots, but because there have been no formal notifications to that effect via a City resolution or other means, the City has not chosen to take formal action to remove docks installed on the City lots across from those properties. The property owners of these three addresses are aware that future City action may impact their continued ability to have such docks, and that they may be living on borrowed time. 3) A recent review of Hennepin County tax records continues to indicate as it did in 2001 and 2005 that all 4 addresses have been assigned a land value commensurate with similar sized lakeshore properties on Crystal Bay Road that do have lakeshore rights. 9-15-08 Page 6 of 6