05-29-1990 Council Packet - Laserfiche WebLink

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To: Mayor Grabek & Orono Council Members City Administrator Bernhardson From: Jeanne A. Mabusth, Building & Zoning Administra Date: May 25, 1990 Subject: #1515 Jeffrey Johnson, 3825 Cherry Avenue - Variances - Resolution I^AYg •errYoe ^^990 List of Exhibits Exhibit F - Enlarged Plat Map Designating Applicant's Multiple Lot Ownership & Adjacent Neighbor's Exhibit I - Site Plan Locating Existing Cat Walk & Proposed Cat Walk on Applicant's Property Exhibit L - Original Approval Resolution Proposed at 5/14/90 Meeting of the Council At the May 14th meeting of the Council, staff was directed to contact the adjacent neighbor to determine if there was any willingness on the part of the neighbor to consider a shared use of the catwalk. It was clear from the very beginning in discussing the City's concerns with Paula Johnson that she and her husband are more concerned with protecting their existing riparian rights. In further discussions with Mrs. P. Johnson staff advised that her current dock was a non-conforming structure as the properties were not legally combined and if the dock sections were to be structurally repaired, the City would require not only the legal combination of the multiple lots but variance approval. In addition, staff called attention to the fact that portions of the dock were located within the unimproved public right-of-way. Mrs. P. Johnson was completely on the defensive at that point. Staff should add that original contact was not initiated by staff, but rather by Mrs. P. Johnson, obviously as follow up to earlier exchanges with Jeff Johnson, the applicant. Mrs. P. Johnson then alluded to the vacation of Cherry Avenue and that she would no longer need the approval of the Public Works Department. Staff then advised her that this was one of the issues raised with Jeff Johnson's application, and there was a definite need to use the unimproved right-of-way of Cherry Avenue to provide access to dock on lakeshore lot, and that an application to vacate Cherry Avenue would be opposed by the applicant or a future owner of applicant's property. The public right-of-way defined within Cherry Avenue provides the only legal access to the lakeshore portion of Johnson's property. Staff has discussed the potential vacation of Cherry Avenue with a representative of the DNR, Ceil Strauss, and she also confirmed that it would be most appropriate to vacate the right- of-way of a roadbed that was apparently located within the lake- bed of Lake Minnetonka. Please remember, the majority of the wetland area to the east of applicant's property is below the 929.4' elevation.