August 2011- correspondence re: variance application & court order

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• 1 • . . 1340 Baldur Park Road C Orono, MN 55391 ,Q� % OA. o Mike Gaffron CERTIFIED 'Q+0 City of Orono RETURN RECEIPT 2750 Kelley Parkway Orono, MN 55356 August 10, 2011 Re: . Variance Application 11-3520, 1376 Baldur Park Road And Court Order file#27-cv-08-23042 Mr. Gaffron: As new work is being planned to resolve access and parking issues at the end of Baldur Park Road, hopefully the City will take the time to consider a well thought out, long-term solution to this problem. First, the Gronberg survey submitted with the above land use application 11-3520 at 1376 Baldur Park Road is incomplete and inaccurate as follows: 1. The easement for driveway purposes described in Doc. #2513998, burdening Lot 20 and benefitting Lots 21 —33, is not shown. Attached is the court order#27-cv- 08-23042 which affirms the validity of that easement. 2. Also, the driveway easement shown over Wingerd's Lot 20 is incorrect. The "reformed 12' driveway per Doc. No. 2518347" is valid only over Lots 21 —29. The court order also states that "...the (previous) Order(2518347) did not refer to Lot 20 in any way." See Court MEMORANDUM Facts I. b. par. 2 and Analysis III.d.2 par. 3. As you know, adequate access to the neighboring Lots 21-33 has been an issue for many years due to the Wingerds' failure to observe the full width of the above mentioned easement. They have landscaped over part of the easement drastically reducing its width to approximately 14' - 16', and vehicles continuously parked within the easement have exacerbated the problem. The Long Lake Fire Department is on record voicing its concern about the passage of emergency vehicles at the end of Baldur Park Road. The time has come to define a fire lane sufficient to serve Lots 21 —33, approved by the City and enforced by the City. Previously it was proposed that Baldur Park Road be extended over Lots 21 and 22. In so doing, the City snowplow would gain a place to deposit snow to the West of the road on Lot 22. The remainder of Lots 21 and 22 to the East of the road could be purchased by the owners of Lot 20 to create a legally conforming V2 acre lot in the LR-1C zoning district.