11-25-1985 Council Packet - Laserfiche WebLink

Home Browse Search

5. The City has been unable on a practical basis, absent the existing fence, with limited police resources, to eliminate the above Code violations to the detriment of the Applicant and his property rights. 6. Other factors which while not strictly code violations, have compro- mised reasonable use of the property in question, include: A. Unreasonable noise R. Commercial logging, sanctioned by the City, limited to the ice in front of applicant's property C. Commercial ice fishing access 0. Other use of the winter access, inconsistent with the Orono CMP E. Unreasonable use of the winter access at unreasonable times, with unreasonable noise, and with unreasonable activities (inconsistent with City and LMCD Codes) V. City Police Department "refused" Applicant's request to enforce LMCD Code violations by ice fisherman. 7. Applicant, relying on the statutory process with faith, expectation and reliance on the constitutional process, expended considerable effort and expense to resolve Hennepin County District Court Code No. MC84-4503N to preserve the property rights, inherent in his real property title and in the resolution of said case which rights, including construction of a fence, were upheld. 8. The basic need for a fence is caused by the existence of CSAH 15 and the City's winter lake access. Botts "roads" are "hardcover" within the meaning of the City Code and are not permitted u!-- within the Code. Both exist without benefit of a variance, as pret )Pd in the Code and are, therefore, non -conforming. 9. With or without a fence, Applicant construes both "roads" as public nuisances since: A. Together they maintain and permit a condition► which unreason- ably annoy, injure, and endanger the safety, health, morals, comfort and/or repose of a considerable number of numbers of the public, i.e. the Applicants and winter drivers of either "road", and B. Together they interfere with, obstruct and render dangerous for passage these roads for the public and the Applicants. C. The City Public Works Director sought to "improve" the access in the inter of 1984-85 due to its dangerous nature,absent the fence. 0. The City Zoninq Administrator advised Applicant in the winter of 1984-85 that, absent the fence, this is an inappropriate and dangerous access point and would work with Public Works Director to find alternative lake access.