11-23-1987 Council Minutes - Laserfiche WebLink

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MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD NOVEMBER 23, 1987 #1187 NORTH ARM ESTATES ASSOCIATION A*^ VICTORIA ESTATES ASSOCIATION ( )ITIONAL USE PERMIT/VARIANCE RESOLUTION #2302 Rod Backerud was present on behalf of this application. City Administrator Bernhardson explained the request to dredge the North Arm Channel to allow access on the channel which has been silting up over the years. Two berm areas will be created using the spoils from the suction dredging. The City Engineer has reviewed the proposal. Staff recommends amending the drafted resolution requiring all the affected property owners signing a disclaimer putting them on notice this project may affect the buildability of their lots and /or subdividability of their lots because the project involves major land alteration within certain properties. Zoning Administrator Mabusth read the proposed statement of disclaimer. Alice Fowler, a prospective buyer of 350 North Arm Lane, voiced concern with the berms possibly placing limitations on construction and dividabilty of the property. She also asked about any documentation assuring access to the channel. Mayor Grabek did not feel such a document would exist. City Attorney Blatz noted that the case law states that riparian lots have a right to access. City Administrator Bernhardson noted that the project cannot go into effect until all the property owners sign the resolution of approval and disclaimer. Rod Backerud noted that the DNR and MCWD have given permission to dredge. Regarding the time table for this project, City Engineer Cook recommended a change from May 15 to October 1, 1988 as the deadline. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution #2302 approving the conditional use permit amending the deadline date to October 1, 1988 and subject to all property owners signing the resolution. Motion, Ayes 5, Nays 0. 13