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� ' <br /> V� � ' <br /> TO: Ron Moorse, City Administrator <br /> Greg Gappa, Public Services Director ✓ <br /> Lyle Oman, Building Official <br /> Tom Barrett, City Attorney <br /> . <br /> FROM: Liz Van Zomeren, City Planner/Zoning Administrator <br /> DATE: August 26, 1998 <br /> RE: 3300 Navarre Lane <br /> Michael J. Swanson, 3300 Navarre Lane,was in City offices on Monday, August 24, 1998. He is <br /> the new owner of 3300 Navarre Lane, a corner lot located at Navarre Lane and Hillside Place. A <br /> survey is attached, dated 1976. <br /> Mr. Swanson is interest in building a new garage in the rear of the property with access form Hillside <br /> Place. Under usual circlunstances,he would be allowed to do this as a matter of right if the proposal <br /> met the setback and hardcover requirements and if a curb cut was approved for access to Hillside <br /> Place. <br /> In 1994 Jacci Segner applied for a subdivision of a lot line rearrangement for property at 3286/3290 <br /> Navarre Lane. Ms. Segner also owned the property at 3300 Navarre Lane. Ms. Segner agreed to <br /> eliminate and redirect access so that Hillside Place would be used only by the two new lots. She <br /> was required to regrade along Hillside Place and install a fence at 3300 Navarre Lane to eliminate <br /> access. <br /> The resolution for the lot line rearrangement was sent to Universal Title by a legal assistant at <br /> Popham Haik for filing. Universal Title did not file it against 3300 Navarre Lane. It therefore does <br /> not appear on the certificate of title. Mr. Swanson had no knowledge that he could not remove the <br /> fence or have access from Hillside Place. <br /> Mr. Swanson has removed the fence to do landscaping work and in preparation to build a new <br /> garage. Lyle Oman sent Mr. Swanson a letter on June 23, 1998,requiring him to replace the fence. <br /> There are two problems with this situation. First, the resolution was not properly filed on 3300 <br /> Navarre Lane and possibly 2260 Bayview Place. Should it be refiled? Secondly, can Mr. Swanson <br /> be ordered to replace the fence when he had no notice of the City's actions? Should Mr. Swanson <br /> be advised to request that the City Council reconsider the resolution agreement and consider <br /> allowing him access to Hillside Place? <br /> This is a very unusual set of circumstances. I would appreciate some direction on this as Mr. <br /> Swanson awaits City guidance. <br /> Att: Certificate of Title <br /> Letter to Mr. Swanson <br /> Survey <br /> Resolution <br /> . <br /> �� <br />