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Mike Gaffron <br />From: Mike Gaffron <br />Sent: <br />To: <br />Wednesday, May 08 , 2013 12:14 PM <br />'jmartineau@cbburnet.com' <br />Cc: Melanie Curtis <br />Subject: Wingerd-Puzak Issue <br />Attachments: Council Minutes 9-12-2011 .pdf; Wingerd Approved Hardcover per Resol #607 4. pdf <br />Jeff- <br />I reviewed the variance application file for the Wingerd driveway relocation . It appears the City had knowledge of <br />Puzak's easement as well as the 2009 court order, acopy of which was in the file . In reviewing the minutes it seems that <br />the City concluded that even though Puzak has a very wide easement, he only needs 12' of driveway width to provide <br />sufficient access to his property. The minutes indicate the City's conclusion that removal of portions of the driveway <br />within Wingerd's property and within the easement, while leaving Puzak a 12' paved corridor, will not limit Puzak's <br />access to his property. The conditions of the Wingerd variance approval ultimately required a portion of the hardcover <br />within the easement to be removed. <br />The fact that Puzak 's property benefits by an extremely wide easement over the Wingerd parcel does not necessarily <br />give Puzak the right to expand hardcover beyond that necessary to provide access to his property. The area in question <br />is almost entirely within 75 feet of the lake, where driveway width is limited as by City code as follows: <br />Sec. 78-1282. -Driveways, stairways, lifts and landings. <br />(a) A driveway no wider than eight feet is permitted in the shoreland or tributary setback zone if the property <br />has no other frontage on or access to a public or private road. <br />The variance granted to Wingerd's allowed them to have a driveway wider than 8 feet, per the attached sketch . <br />Unfortunately, if you conclude that the Wingerd 's are legally unable to accomplish removal of the portions of driveway <br />apron that were required to be removed, the variance approval may have to be re-opened for further discussion. Please <br />keep us informed as this issue progresses. <br />Mike <br />Michael P. Gaffron <br />Assistant City Administrator/ Long Term Strategy <br />City of Orono <br />(Street Address) 2750 Kelley Parkway <br />(Mailing Address) P.O . Box 66, Crystal Bay, MN 55323 <br />Phone : (952) 249-4600 <br />Fax: (952) 249-4616 <br />1