HomeMy WebLinkAboutRe: easement area .►� `t�
���O�
��/ O_ O
� -;�.:�;,�:.� ,, � CITY of ORONO
, ,� ���+ _ t �
\ 4 ;y..'�' � 'y MunicipalOffices
� ',�r1;�;';',���G Streat Addross: MailinQ Addrou:
\�
� �F,+ggOg' 2150 Keliey Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
May 25, 2000
Mark Altenhofen
1342 Rest Point Circl�.
Mound, NIIJ 55364
Dear Mr. Altenhofen:
This letter is in response to our meeting and discussions on May 3, 2000 at your residence.
As the Director of Public Services for the City of Orono, my duties include supervising the
building and zoning and public works staff.
While I was at your property, I inspected a 4-foot strip easement running parallel to your
lot line. The area had been surveyed and stakes were in place identifying the location of
the easement area.
I observed several large mature trees growing within the 4-foot strip easement area along
with substantial vegetation, especially within 75' - 100' feet from the lake shore. The
easement area is located on a very steep incline near the road which cross slopes
dramatically toward the adjoining landowner's property. There is also a substantial incline
toward the lake.
Based upon my inspection of the alleged easement area, it is my opinion that the area cannot
be improved because it would likely violate several municipal ordinances, specifically as
follows:
a. Improving the easement would require removal of trees with the diameter of 6" or
more and require intensive vegetation clearing within 75 feet of the shoreline.
3ec. 10.56 (i) (1) (2) o� the Orono Ordinance No. 127, 2nd Series, which was
adopted July 11, 1994.
b. Installation of a structu�re would violate the hardcover limitation because it
would exceed the 25�k hardcover limitation. Sec. 10.56 (1) . (Within 75' - 250'
zone) .
c. Improvements would also li�Cely violate a city ordinance which prohibits water run
off, flooding or erosion on adjacent properties. In my opinion, the removal of
any brush or trees on this property or installation of any improvements, such as
steps, will cause substantial run off to the lake and/or erosion to the adjacent
property and to the lake. ISec. 10.60 (15) .
Telephone(952)249-4600 • Fax(952)249-4616
www ci.orono.mn.us
� �
d. City Ordinances also preclude building or altering any retaining wall, or
otherwise changing the grade of the shoreline property without a conditional use
permit. Application for the permit must be accompanied by a drawing made by a
registered surveyor. Grading or altering the changes in elevations within 5' of
an adjacent residential lot line is considered an "unusual land alteration" which
must be reviewed by City Counsel for approval due to potentially negative
impacts. Sec. 10.03 (20) (3) (c) . A city ordinance also precludes accessory
structures within 10' of the side lot line. Sec. 10.03 (15) .
In my opinion, installation of steps will require construction of a retaining
°wall and would change the grade of the slope. It would also require grading or
altering a change in elevation with 5 feet of an adjacent lot. This would
conflict with city ordinances.
In my opinion, removal of the vegetation, the trees or installing steps, is inconsistent with
City policies and ordinances regarding lakeshore management, and would not be approved by the
City Council. Also, the City frowns on, and does not recognize, this type of pedestrian
easement to provide lake access to non-lakeshore properties.
Also, any improvements to the alleged easement area would require the use of heavy equipment.
The heavy equipment will need to access the adjoining landowner's property. Temporary
construction easements will need to be gathered from both the adjoining landowner and the
homeowner for purposes of removing any trees or brush or installation of any sort of
improvement.
In addition, installation of steps from the street level will require substantial grading and
filling which would likely adversely affect the structural integrity of the existing
driveway. Installation of any improvement at street level would likely require a retaining
wall to be built to prevent the driveway from eroding and to prevent a potentially dangerous
situation. The cost to maintain the structural integrity of the driveway would likely be
substantial.
Installation of a dock on the easement area is also prohibited by city ordinance. The minimum
dock setback from a property line is 10' . The easement area is located only 4' from the lot
line.
Thank you for your assistance in this matter. Please contact me at (952) 249-4621 should you
have any further questions.
Sincerely,
�/��1
V
Greg Gappa
Director of Public Services
cc: Steven L. Schechtman, Esq.
�.
�\\\
� ��'' CITYof ORONO
,
• �_ �+;' P.O.BOX 66
�` �.;- CRYSTAL BAY,MIYNESOTA Stl?}
OS�'�'��
/
Steven Schechtman
Suite 200
5101 Thimsen Avenue .
Minnetonka NIN 55345
,�.
'•�