06-18-1990 Planning Packet - Laserfiche WebLink

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To: Mayor Grabek & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Prom: Jeanne A. Mabusth, Building & Zoning Administrator Date: June 14, 1990 Subject: #1543 Richard Reed, 1000 Old Long Lake Road ~ After-the-fact Variance - Public Hearing Zoning District - RR-IB Pertinent Ordinance - Section 10.03, Subdivision 15 (C) - Monuments in excess of allowed 3 H' in height require height variance approval. Allowed » 3 Proposed “ 5' Variance ■ 1 List of Exhibits or 43% Exhibit A - Application Exhibit B - Property Owners List Exhibit C - Plat Map Exhibit D - Photos of Stone Pillar Exhibit E - Certificate of Survey Review of Application - In the summer of 1909 the Public Works Department noted the construction of a pillar on the subject property that appeared to be in the 66* right-of-way of Old Long Lake Road. Old Long Lake Road is not a platted dedicated road. 10' of the traveled road encroaches the F.eed property. The zoning staff was asked to flag the property with a Stop Work Order so that the matter could be resolved. It was the Public Works Director's original position that although Old Long Lake Road encroached the property that through a perscriptive easement based on the number of years the road had existed and had been maintained by the City, that the City could lay claim to the traveled road in addition to additional right-of-way required for maintenance purposes. The Public Works Director asked for further review by the City Attorney's office. The Attorney advised that the property is torrens and that the City had no legal claim to the road via a perscriptive easement and at the most, the City could claim an interest in the 10' of traveled road that intersects the property and additional right-of-wa/ for purposes of maintenance. In recent discussions with the Public Works Director, he has asked that the pillars be no closer than 10' to the traveled road.