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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, June 24, 2013 <br />7:00 o’clock p.m. <br />_____________________________________________________________________________________ <br />    Page 9 of 15   <br />9. 4440 FOREST LAKE LANDING – ENCROACHMENT AGREEMENT <br /> <br />Struve stated the City has been requested by the owner of 4440 Forest Lake Landing for approval to <br />widen his driveway, which would have an additional impact to the right-of-way in that area. Under the <br />City’s Community Management Plan, the City has a responsibility to retain Lake Minnetonka access <br />points permanently for the public’s use. By allowing a deck and patio within the right-of-way, it gives <br />the perception this area is private land. <br /> <br />Struve stated in the past, when a property undergoes major changes and upgrades, Staff will recommend <br />all impacts within the right-of-way be removed. There will be times when not all of the impacts can be <br />feasibly removed, but any impacts which cannot be feasibly removed will be included in an encroachment <br />agreement. The encroachment agreement would allow the City to require the property owner to remove <br />the encroachments if the encroachments become an issue in the future. <br /> <br />In an effort to clean up the City’s right-of-way, Staff is agreeable to allowing the widened driveway and <br />repairs to the sidewalk conditioned on the property owner removing the deck and patio area within the <br />right-of-way. The property owner should be required to enter into an encroachment agreement addressing <br />all other items located within the City right-of-way. Staff recommends they remove the deck and patio <br />and determine if it is possible to realign the door so the steps can also be removed. All other items would <br />be allowed to remain in place but should be incorporated into an encroachment agreement. <br /> <br />McMillan asked if the new hardcover for the driveway would be included in the overall hardcover for the <br />property. <br /> <br />Curtis stated the hardcover in the right-of-way would be separated out. <br /> <br />McMillan asked if a new survey would be required. <br /> <br />Struve indicated they have not seen a building permit request at the present time. <br /> <br />Curtis stated the property owner has not submitted a plan or requested a building permit but is merely <br />requesting preapproval of the work. The project would also require the moving of some retaining walls. <br /> <br />Struve stated there are numerous encroachments in the right-of-way and the question is what items should <br />be removed out of the right-of-way. <br /> <br />Levang asked if there will be a formal request for a building permit; and if so, if Staff has any idea when <br />that might be submitted. <br /> <br />Struve indicated the applicant is in the audience and he would be able to address those questions. <br /> <br />Levang asked if Staff would like the encroachment cleaned up prior to the application. <br /> <br />Struve stated the applicant requested to widen the driveway; and if that request is denied, that would <br />change what he wants to do with the property and a survey may or may not be required at that point. The <br />property owner is attempting to save some money by not doing the survey at this point until he gets some <br />idea of what the Council will approve. <br /> <br /> <br />Item #03 - CC Agenda - 07/08/2013 <br />Approval of Council Minutes 06/24/2013 <br />[Page 9 of 15]