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TO: Chair Peterson and Orono Planning Commission Members <br />Ron Moorse, City Administrator <br />FROM: Jeanne A. Mabusth, Building & Zoning Administrator <br />DATE: January 8, 1996 <br />SUBJECT: #2088 Winfield Stephens/Stephen Gardiner, 3770 Bayside Road -Vacation - <br />Continuation of Public Hearing <br />Status of Application <br />The comprehensive vacation and variances application was tabled at your November 20, 1995 <br />meeting as Planning Commission felt before they could act on the improvement plan that it <br />was necessary for Hennepin County to resolve the matter of which of the adjacent land owners <br />is to benefit from the vacated right-of-way. Planning Commission specifically advised applicant <br />that if entire area of alley is not to be acquired by applicant, the existing detached garage must <br />be removed as part of any improvement plan. <br />Planning Commission members also asked that a copy of the legal easement providing access <br />to the property at the north property line be included to complete application information. <br />Winfield Stephens, the applicant, has advised that he will not proceed with the variance <br />application until the vacation is resolved by Hennepin County. Steve Gardiner, the owner of <br />the property, has assumed full responsibility for the vacation phase of the application. <br />List of Exhibits <br />A -Survey <br />B -Plat of Ottoville Lake Minnetonka <br />C -Plat Map <br />D -Letter to Valerius, 3750 Bayside Road <br />E -Easement in Favor of 3770 Bayside Road <br />F -Utilities -Gopher I Request <br />The property owners of Bayside Landing subdivision have been in contact with City staff and <br />advise that they will have no claim on any portion of the vacated right-of-way as long as <br />certain setbacks are maintained with the improvement of the property. Lee Harrin, the <br />president of the homeowners association, advised that he would send a letter to each of the <br />Planning Commission members advising of the homeowners' decision. Staff has yet to receive <br />a copy of that letter. It would be helpful if members of the Planning Commission could <br />provide a copy of the letter at the meeting so that it may be included with the public record.