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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, January 11, 2010 7:00 o’clock p.m. _____________________________________________________________________________________ Page 8 4. #09-3433 RICHARD HANSON, 340 BIG ISLAND – VARIANCE AND VACATION – RESOLUTION NOS. 5899 & 5900 Jeff Lambert, Attorney-at-Law, was present. Turner noted on December 14, 2009, the Council tabled this application to allow Emeric Dwyer, Attonrey-at-Law, who is representing several neighboring property owners, additional time to research the situation. Staff has also researched some of the issues raised at that meeting and the findings are outlined in Exhibit I. Turner noted the map generated from the latest county surveyor’s maps show that Meta Comet does not extend all the way to the lake. A copy of the deed given to Mr. Hanson’s father shows that Outlot G has been in private hands since 1960. The maps from the county surveyor’s office for that period of time also confirm that the land in question was privately owned. Staff is recommending that the Council take action on the lot area variance, which is separate from the vacation. In regards to the vacation, if the Council is satisfied that there is no perceivable purpose for the right-of-way then it should be vacated, Jeff Lambert stated in his opinion Staff has addressed the questions raised by the Council at the last meeting. Lambert noted he did submit a deed from Ms. Ude, the previous property owner that was provided to Mr. Hanson’s father in 1960. The deed shows the conveyance of Parcel 3, which is down at the very end of Meta Comet, and also shows that the land has been in private hands since at least 1960 and possibly before. Lambert stated in his opinion Meta-Comet Avenue should be vacated for the safety, security, and enjoyment of the current property owner. At the time Massasoit Avenue was vacated, Meta Comet became a dead end. Emeric Dwyer, Attorney-at-Law, stated he has spoken with Mr. Lambert and that he has reviewed the situation thoroughly with the Hennepin County Recorder’s Office. As it relates to the discussion at the last meeting, there appeared to be an error on some maps with regard to a line that had been drawn in, but that situation has now been clarified with the deed. Dwyer pointed out that access to the island is very difficult at certain times of the year, particularly on the east side, and while the public land does not reach to the beach, he would ask the Council to consider access to Big Island for the neighboring residents. Murphy moved, McMillan seconded, to adopt Resolution No. 5899 granting of a lot area variance for the property located at 340 Big Island. VOTE: Ayes 5, Nays 0. Tom Esco, Delano, stated Mr. Hanson wants to sell his parcel, which is the reason for requesting the vacation. Item #02 - CC Agenda - 01/25/2010 Approval of Council Minutes 01/11/2010 [Page 8 of 13]