11-25-1985 Council Packet - Laserfiche WebLink

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MEMORANDUM DATE: October 28, 1985 FROM: George and Susan Rovegno TO: Mayor Butler Orono Council Members RE: Application 986 "interpretation/variance" We submit .'e following findings of fact for inclusion in your action in this matter and ask for their inclusion in the minutes of this meeting. It is not our intent, desire or wish to do any more than to reasonably enjoy the lakeshore portion of our property. We have been prevented from this by the public, the city, and the county, etc. We do not wish to deny any one any access or vista of Lake Minnetonka; we have welcomed our neighbors, as our guests, to enjoy the Lake. However, we do need to reasonably define our property. We ask you, therefore, to consider the following findings of' fact: 1. In May, 1985, Applicant erected a fence 5 foot in height along the County State Aid Highway (CSAH) 15 roadway easement line pursuant to the resolution of Hennepin County District Court Case No. MC 84-4503N. 2. The erection of the fence was a quid pro quo to the resolution of the case pursuant to Minnesota Statutes 160.14 3. Absent the fence, a substantial issue in the resolution would ce obviated and the terms of the resolution would no longer be equitable. 4. On a number of occasions, the portion of the subject property in question, absent the fence has been the site of violations of the City Code, which unreasonably annoy, injure and endanger the safety, health, morals, comfort and repose of the Applicant and the public. Some examples (refer to City Police Records) are: A. Physical assault of the property owner, 6. Verbal assault of the property owners, C Repeated trespass 0. Theft E. Harassment from the CSAH 15 Roadway F. Vandalism G. Litterin,; H. Dumping. City staff concedes these facts and felt it unnecessary to request police records.