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� , <br /> � , <br /> ' MINUTES OF THE <br /> ORONO PLANNING COMMISSION MEETING <br /> Monday,June 21,2010 <br /> 6:30 o'clock p.m. <br /> (#10-3470 STEPHEN&PAMELA WILSON,3508 IVY PLACE,CONTIlVU�D) <br /> To avoid future problems,the City wanted to lrnow where its property lines were and a survey was then <br /> commenced. Council authorized Staff at that time to draft a resolution that would allow the <br /> encroachments to remain. The City Attorney instead drafted a Covenant and Agreement. A copy was <br /> given to Mr.Wilson in January 1982 for review by his attorney. It contained a provision that the City <br /> would grant a license for the improvements within the unimproved right-of-way as shown on the survey. <br /> However,the record ends at that point. There is no final, signed copy of the agreement in the file. <br /> The property is currently for sale. The title company is requesting assurance that 3508 has legal physical <br /> access to Ivy Place. A potential buyer is requesting assurance that all the improvements in the right-of- <br /> way can remain. Staff offered an encroachment agreement that would allow some of the improvements to <br /> remain but would require the owner to remove them whenever the City requested their removal. This is <br /> the standard form of an encroachment agreement. The proposal was not satisfactory so the owners are <br /> requesting vacation of the portion of the right-of-way that contains the improvements. <br /> The Public works Department indicates that over the years there have been sporadic problems from work <br /> ' the Wilsons have done in the right-of-way and that the improvements have actually expanded over the <br /> years. <br /> Planning Staff recommends the application be denied based on: <br /> 1. The City uses the entire right-of-way as a part of the storm drainage system. Drainage from Ivy <br /> Place and properties west of Ivy Place flows across it to Lake Minnetonka. <br /> 2. The City Engineer has identified a foreseeable City use for the entire right-of-way to address <br /> future state or watershed district storm water management requirements. <br /> 3. The public uses the right-of-way to enjoy a view of the lake. If a formal trail were constructed, <br /> the preferable location would be near the middle of the 60-foot right-of-way so there would be <br /> room for buffering between the access users and the adjacent properties. <br /> Turner noted that Staff also does not have detailed topographical information for this area at the present <br /> time to lrnow the best location for a path. <br /> Pamela Wilson,Applicant, stated the house is for sale and that she would like the property to remain the <br /> same as it is at the present time. The public is still able to use the right-of-way and that she is not <br /> requesting permission to construct on that property. <br /> Kate Kelly,Real Estate Agent, stated the prospective buyers do not have any intention of blocking <br /> anyone's view of the lake or constructing anything in the right-of-way. Kelly noted this area consists of a <br /> number of trees and that currently,in her view,no one really has a view of the lake. The owners would <br /> like to reach some type of compromise on the situation. <br /> Kelly stated the April 10,2010, encroachment agreement did not seem similar to the agreement that was <br /> offered in 1981 since it is asking them to remove the patio,the retaining wall,a portion of the driveway, <br /> and the trash enclosure. They would be willing to enter into an encroachment agreement now but they do <br /> Page 6 <br />