2260 Bayview Place - Driveway Issue 2014

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,probably shortly after his 2003 letter to Block informing her to discontinue her Hillside driveway and put back the fence (Lyle had written a similar letter to Block's predecessor owner in 1998). Obviously it is now causing a problem—whether the problem is legitimate is another issue. Block indicated she needs the access because it's impossible to maneuver vehicles around the house to get to the lower garage from the Bayview side. Regarding your second question, Lyle inspected the site a few weeks ago, had gone back to re-inspect, and has just advised me that there are no storage violations on the property. Items stored I'm attaching sketches that show the location of the various properties described in the Agreement, and a copy of the Agreement. Based on the notations on the front of the Agreement, it apparently was only filed against the title of the two properties for which legal descriptions were attached, and not the 2260 property which was also affected by it. I would conclude that we likely have the ability to require the access to go away based on the Code, but we can't require the fence to be replaced because the document requiring it wasn't filed against Block's property. How do we guarantee Johnson that Block's access will be restricted without a fence or other obstruction? Do we as a City have the right to place a fence or other barrier(in the right-of-way)to limit Block's access? When Johnson claims"it's my private road"based on the Agreement, and he is required to maintain it per the Agreement, to what extent do we have an obligation to defend the provisions of the Agreement? We have a dedicated public right-of-way, not open to the public, not improved to City standards for a private or public road, containing municipal sewer lines the City maintains, subject to an Agreement for private road maintenance by two property owners who are the only ones the Agreement allows to use it. If we were to begin to maintain it, take it over as a City road, we likely would want to pave it; who pays for that? The two who have the maintenance obligation, or all who abut the street? And if we take it over, would we allow Block to have an access to it? A tangled mess, I'm afraid. Mike Michael P.Gaffron Senior Planner City of Orono (Street Address)2750 Kelley Parkway (Mailing Address) P.O. Box 66,Crystal Bay, MN 55323 Phone: (952)249-4622 Fax: (952)249-4616 From: Soren Mattick [mailto:SMattick©ck-law.com] Sent: Thursday, October 02, 2014 5:34 PM To: Andrew Mack; Mike Gaffron Subject: 2260 Bayview Andrew and Mike, I had a conversation with Steve Johnson regarding the driveway. I expressed my concerns regarding the enforceability of the CUP because it had not been recorded against the existing property. Two things: 1) Is the property allowed two driveways pursuant to the City code? 2