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From:Henzen, Rachel (DNR) <br />To:Melanie Curtis <br />Subject:RE: LA22-000026 / 165 Bederwood Dr / PC Agenda + Staff Report <br />Date:Wednesday, June 22, 2022 11:18:51 AM <br />Attachments:image004.png <br />image005.png <br />image006.png <br />image007.png <br />Completed Lease.pdf <br />Melanie, <br />Thank you for the call this afternoon. Having only learned about this application today, this is based <br />on a very preliminary review of the situation. <br /> <br />A significant number of years ago, it was determined that a driveway and garage were trespassing on <br />DNR property. To resolve the situation, an easement was issued for the driveway and a lease was <br />issued for the garage. <br /> <br />Regarding the driveway, I haven’t been able to review the easement yet. I would assume that there <br />is a requirement in the easement that any changes to the driveway need to be approved by the <br />DNR. In addition, the easement only covers providing access to the property and not any <br />structures. We have not received any information from the landowner regarding what these <br />changes might be so we certainly couldn’t approve anything at this point. <br /> <br />Regarding the garage, the latest lease I’ve been able to find is very specific under #20. A. Additional <br />Terms “Any personal property located within the Premises caused to be rebuilt or repaired must be <br />relocated outside the Premises and the Luce Line State Trail right of way (ROW).” Therefore once <br />the old garage is removed, nothing new may be built on state property as it would be considered a <br />trespass. Again the landowner had not contacted us until this morning so we’ve been unable to fully <br />review the situation but any new development that would result in structures on our property would <br />not be approved. (On a side note, these lease was not renewed which now means the garage is a <br />trespass and it either needs to be removed or the lease for the current structure started again.) <br /> <br />We would request the city not approve this request as it would result in unapproved trespass on our <br />property. I am available for further conversation if there are any questions. <br /> <br />Sincerely, <br /> <br />Rachel Henzen <br />PAT Area Supervisor | Division of Parks and Trails <br />Minnesota Department of Natural Resources <br />1200 Warner Road <br />St Paul, MN 55106 <br />Phone: 651-259-5875 <br />Email: rachel.henzen@state.mn.us <br />mndnr.gov