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HomeMy WebLinkAboutre: vacation request t To: Ron Moorse, City Administrator Greg Gappa, Public Services Director Liz Van Zomeren, Planner From: Michael P. Gaffron, Asst. Planning&Zoning Administrator Date: April 11, 1997 Subject: Clint Gables Vacation Request We are in receipt of a letter of request from Clint Gables, 4798 North Shore Drive, for'vacation' of City property on North Shore Drive. I have a few comments: 1. Gables only owns land on the north side of the road (outlined in red). He is not, by any stretch, an "adjacent owner". His property is across the street from the parcels in question. He is also not an 'abutting' landowner, and therefore cannot by code (Section 10.12, attached)be a petitioner for the vacation. 3. The yellow shaded parcel is a 33' dedicated right-of-way leading from County Rd. 19 to the lake. The County may have some legal interest in this right-of-way... 4. The pink shaded parcel was obtained by the City via tax forfeiture in 1970 for'lake access lanes', deed#136852. This parcel cannot be vacated, and cannot be directly sold by the City, but would have to be released to the County for disposal. 5. These parcels would presumably have a high value to Gables since he would gain lake access if he was to obtain them. But he apparently wants us to just give them to him. 6. While Gables perceives these parcels have no apparent value to the City,they may serve many public functions now or in the future: - Public access to the lake(walking,etc. ...who's to say the City might not build a public stairway here someday when access to the lake is dearer than diamonds...) And,the DNR will oppose this vacation... - Utility corridor - Public open space - Stormwater drainage 7. The concerns he expresses regarding the upkeep of the property may be valid,but are not valid reasons to transfer it to private ownership. When Gables called me last week I told him most of the above,but he apparently was not persuaded to drop this idea. I suggest a response clearly indicating that there is no 'application'he is eligible to make that will result in the transfer of the ownership of this property to him. § 10 .12 SEC. 10.12. VACATION OF STREETS, ALLEYS AND PUBLIC GROUNDS. Vacation of streets, alleys and public grounds shall follow the procedures set forth in this Chapter , except that such vacation shall require a petition by a majority of the landowners abutting the property to be vacated, and a hearing preceded by two (2) weeks published and posted notice, all as required by Minnesota Statutes, Section 412.851. The Council may vacate any publicly owned utility easement or boulevard reserve or any portion thereof, which are not being used for sewer, drainage, electric, telegraph, telephone, gas and steam. purposes or for boulevard reserve purposes, in the same manner as vacation proceedings are conducted for streets, alleys and other public ways. A boulevard reserve means an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street and which area is designated on the recorded plat as "boulevard reserve". Source : City Code Effective Date: 4-1-84 SEC. 10.13. ENFORCING. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure or land is used in viola- tion of this Zoning Chapter, the Zoning Administrator, in addition to other remedies, may institute any proper action or proceedings in the name of the City, and hereby shall have the powers of a police officer to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct or abate such violations, to prevent any illegal act, conduct, business or use in or about said premises. Source: Ordinance No. 172 Effective Date: 1-1-75 (Sections 10. 14 and 10 . 15 reserved for future expansion. ) ORONO CC 275 (4-1-84) I ' -4v :c BERGGU I ST AND WT CK y - - BERGQUI ST Ak,D 'SIT Gs< 1 ( 11 ) 10 's 9 A . ( 27) IN tih � 5 S 33 10 4 Co _ ; g may, 3�^„ `1' 3 ( 2) p y , , �` ( 5 61 12)r ' r\a rM I- \\ \14'' 5 `* \ r� &\ o lo .-\`��• 8 ,� �`\ tion• VAC DOC NO 3384432 �' �\rP'�, . ( C� me ? h \6� 6 ' .C21 )` 5 —11?-z"!> 32 0c)13 a N� C s t�r2 , t 20), 3 \ Q? 11 ' 23 32 ©a'�-� ��� � ( 19) C kry oxowo - Amoss ,k"es, 13`�s Z_ [: TRX ENAME/ADDRESS E OM MNaME /L i ADDITION OWNER METES AND BOUPDS /ADDRESS ACREAGE RL PROPERTY ADDRESS SND DST Tg1SPpYfR N00£/ SN TIP A8 QO'SUFK 1e. ERR DOUGLAS E 0 W"ORA E BOLL 1 ENI NELElN LAM1��'. 4775 NORTH SNORE UR 000.00 277 3 4775 MGM - _ MOUND MSN 55354 STfffM+ CURRENT X100 56364 7RXA8LE MARKET Comm /TION YEIM 1954 TACE I 22' QRQSS TAK CAPACITY �3, IfYIND AMT 81833 iNOU U3M11CITY NET 7RK CAPgCITY 3,757.ED TC No NNW _ •ON-�T IUISIDN OR E IF �I Mr 434 IF PROD AMT IF PROJECT MIO. - _._-- TAK LEVY/OESCRIPTION NNSTDPRTYP AMD!!!NT7m TONMARKET UAL IE TAX 07877 153.54 ` NAM cam BASE, BASE2 M� "WAMT WIET ra STATE PAID AID 30.0020 , _. __ SOLID WENBCA co925.207SOLID YR6TE FEE TOTAL TRK 3,795.90 E=-, I.D. TOTAL PAID •(� SUFX RMT UNPAID 3,795.96 e' .31 CO29 OWNER MORT CODE/LOAN 0 ADDITION NAME TAIpIB $ METES AND BOUNDS LOT KK PLAT PAACEI PAOPENIry I.D. METE@ RND 1NIOj= rR 1978 OST 8FD DOT NEMEPIN FORFEITED LgtD B92 1ermim TY aJEwnwirf-fig��g E61000T IST 0 YIl7CLUlNDS PWNIC 010 006 LAKE ACCESS LANES 42000 OE?0 07-117-23 32 002; IDU0O 6/19/70 ST DEED 136852 STATUS CINRRETNT -_ -- EX ROAD CO MUCTIOI vm SWiNLY Or R LINE M u NG? SKY F110U BE CON TNW Tb PION 1E COR 7N¢ALSO A< '? 14 07-117-2E-3 0024 D 15 07-117-23 32 N 381 TAH BOW twos TRX CAPACITY FIDSHAREDT� PET TAX CAPACITY .00 DIVISION No _- REPRgI TAX FD AR"uj mlEA RATE . 00000000 SEEDIV1008 DATE Aoj Tc SEE ID 0 121,&; TAX L1W/DESCRIPTION HISTDPRTYP RATEMOUNT TAXCAPACITY 2 5c. TAN EXEMPT N RL LAND 8100 MACH MM IUIML IRK BASE1 BRSE2 N MDN-h71ST IF PRDJ 1lNT TOTAL PAID .00 GROSS TM N T VALUE TRK TAXPAYER ` MORT COE//� 0 ADDITION HAIE �RXPgYER NgME/i1ppRESg / ACREAGE SCH YTR PEATY ADURELO 13LK PLAT PARCEL PRGMTY I.D. SHACA OLID WASTE FEE .3 KATHLEEN 0 ASH T; T5-ATHL� 6 ASN 245 001 REGISTER 277 SURVEY N0' 1036 7,6 - 4615N �IEy 43132 1500 07-117-23 32 0024 MUPD MN 55364 , UURRENTLA TRACT A LT- LE MARKET 127 400 CONSTRUCTION YEAR 1993 OWNER TY ET TAX CAPACITY 4bC Y NET TTAXPAYER METES NNPp/ADDRESS ' 1,828 � SHAR ���/ OIUIS!'�- RENTAL TAX DIVISION -__—_ IF PROD AMT __-- I WECT N0. 00000000 SEE IO S N A NETT 0 R J -----_ _ _ RICHARD 8 MARJORRIE q WETTT�S rR`LEiN/DES iIPTIO►i i/7!$r P RATE AMOUNT �T 1354 REST POINT CIR R 109.8900 pH 3.580.28 LAPD BLDG MACH pOO -- - _ 33,000 98,Doo 1 OD1ASE ST( LOT 11 SUW30IUIS10N OF LOT i - — --------- LIMITED VAI UE 32,100 95,300 720 860 4 A, REST 248 _--- POINT PARK LArr MI. April 10, 1997 AFC4�k' Mr. Ron Morse qpR � � o 199 City Administrator c/TrOP P.O. Box 66 OROAIO Crystal Bay, MN 55323 RE: Legal Description This letter is to formally apply for a land vacation for the vacant lots owned by the City of Orono; as outlined on the enclosed plat map. We are adjacent land owners as indicated on the attached plat map. The property is not being used for drainage. Hennepin County has changed the angle of the road and has installed curbs on County Road 19 (North Shore Drive) which prevents runoff onto said property. This land is not currently being used for any purpose except a trash dump. The following are reasons why the city of Orono would benefit from vacating this parcel to us and provide the highest and best use of said property: • The property would be cleaned and maintained. • The city would receive increased tax dollars from this property. • The lot is not being used for any other purpose. • The lot is not buildable due to its small area and steep bank. • The lot has no access or parking area; it is landlocked. • This property is not adaptable for use as storm sewer management or drainage. • The City of Minnetrista vacated their bordering land to the adjacent property owner. We would like to see this property remain in a natural state. Vacating this property as indicated would allow us to stop the cutting of trees and dumping of garbage. The property will be cleaned up and beautified with flowers etc. This would be of benefit to the City of Orono, to adjacent land owners and all who pass by. Please advise of the necessary filing procedure to get this matter heard by the Planning Commission at their next meeting. I would also appreciate receiving copies of the applicable City Ordinances in connection with this request so I may be ready for the hearing. If you have any questions, you can reach Clint Gables during the day at 472-7398. Sincerely Clint M. Gables nd Gwen M. Gables 4798 North Shore Drive Orono, Minnesota 55364 It CF eo LLI 3L Fy (47) ;(57) 1 •� (45) u FT OF TORKAYI t 2)• s 9i � 4v �,s e FRWW (23 q x(113` 1 e '1 Z e) 10 '� �' '' as• (4) /`"` s `` .' _� �^ 14):aF► g 4� (29) (28) r°b (43)'CARD MC �4 (27) za 202 .3 — ta)` `v` ��) ar, a (2S) • D s �•Z `''. (14) psi T tIS? 44'•t COVE Z Mpp O •saL2 t 9'�CC j o ` 55) , 74 73 _ 7Z Y �: Z OaRnng 54) 14, (s8) 765 J (301) yclfcw a .�� 1{rrCR18� ¢g'� 73 'a1 1 .4 .'; 2 4� is r' 16) r..�� : &A 3 it • 17 (39) a - le e � 2 w ,�S SIS `1_ w {�) IT• 13 74 1 (62) 01) -� a s ' (6) ftAR" _