10-24-1988 - Agenda Packet City Council - regular meeting

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\X'ILLIANt K. WANGENSTEEN ATTORNEY AT LAW 91N1 EAST WAYZATA BOULEVARD WAYZATA. MINNESOTA 11191 16121 471-01 JO In Aswciatwo W,ch Srewsrr R Peru Shawn M Perm October 18, 1988 City Council City of Orono Crystal Bay, MN 55323 „E: 1635 Concordia Street, Wayzata Lot Line Realignment Dear Council Members: As attorney for Howard B. Johnson, I am writing in response to the attached Notice of Planning Commission Action dated October 6, 1988. The purpose of Mr. Johnson's application to the City for a lot realignment is simply to rectify a title problem which arises from a 1-foot en.-:roachment onto his property by a house built by the Trainors, his neighbors to the south, some 37 years ago. I assume that the Trainors must have obtained a building permit from the City of Orono to build their residence, but I understand that there are no preserved City records from the early 1950's to document same. In any event, this encroachment has existed for almost 4 decades. Years ago the Trainors and the Johnsons and the City tried, without success, to resolve the problem. Mr. Trainor has since died, and Mrs. Johnson died last month. Mr. Johnson has now sold to David Eiss who will appear before the Council in support of the Johnson/Eiss lot alignment proposal on October 24th. We feel that the Council should approve the Johnson/Eiss application for a lot realignment with a 5-foot setback, on the grounds that: 1) We are not dealing herewith a pending building permit application for new construction. The Trainor house has existed and encroached 1-foot onto the Johnson property for 37 years; 2) It would be practically and legally difficult at this point to move the Trainor house in order to cure the encroachment cloud on title;