HomeMy WebLinkAboutLtr re authority for minor access maintenance � o.�,:���
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� C ITY of ORONO
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`9jC'Egg04' 2750 Kelley Parkway P.O. Box 66
- = Orono, MN 55356 Crystal Bay, MN 55323-0066
November 10, 2003
David Lovelace
15331 Excelsior Boulevard
Minnetonka, NIN 55345
Re: 220 Big Island - Authority for minar access maintenance
Dear Mr. Lovelace:
Pursuant to your recent request,City staff have reviewed the current status of the platted unimproved
right-of-way between Lots 38 and 39,Morse Island Park,over which you gain access to your inland
property per City Council Resolution No. 4456 dated Apri124, 2000.
Condition 5 of Resolution No. 4456 allowed the construction of a lateral dock section to allow you
walking access around the ice ridge at the shoreline. However,recent survey work has established
that a walking path avoiding the ice ridge would force you to traverse private property on either the
north or south sides of the right-of-way. Therefore, in order for you to retain access over the right-
of-way, the City is taking the following actions:
1. The City has initiated the accurnulation of background information to support a pending
request to the Minnehaha Creek Watershed District for fill and replacement of a portion of
the wetland within the right-of-way, to create a suitable access for pedestrians and the
occasional service vehicles requiring access. This process to gain approvals for wetland
impacts is expected to not be finalized until spring 2004. Once approvals are obtained and
a feasibility study is completed, the City will determine whether it will move forward with
such improvements.
2. Pursuant to your request for immediate access relief, you are hereby authorized to make
certain maintenance improvements to the access to ensure a minimum level of ongoing
usability, as follows:
a) You may remove the fallen,misshapen tree at approximately the center of the access
on the ice ridge, where a natural lowering of the ridge already exists.
b) You may remove the accumulated debris(branches, logs, etc) at this location on the
ice ridge for a width of approximately 10-15'.
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
David Lovelace
November 10, 2003
Page 2
c) Upon obtaining a land alteration permit from City staff(issuable for up to 10 cubic
yards of earth movement within the 0-75' setback zone) y-ou will be authorized to
remove approximately 3-5 cubic yards of earth from the midpoint of the ice ridge to
create a level openin� no greater than 10-15' in width. This will allow you to walk
across the wetland as necessary to gain pedestrian access to your property. The earth
removed must be deposited at a location at least 75' from the lake and at least 26'
from any wetland.
d) You will then place lo�s across the new access point to pre�-ent and discourage use
by motor vehicles, since we do not intend to open this right-of-way for general use
unless or until such time that the appropriate wetland impact permits have been
obtained from the MC�VD and the City makes the improvements to the access noted
in item 1 above.
e) Provide `before', `during' and `after' photos of the work y-ou perform to document
the activity for City records. Please advise City staff when the work is complete so
a final inspection can be arranged.
As we discussed on the site on November 6, the above work needs to be accomplished
without any disturbance of the�vetland behind the ice ridge. Therefore,any heavy equipment
to be used must be used in a manner that will not leave any ruts in the wetland nor result in
any filling or excavation of the wetland. You suggested a small tracked vehicle running over
plywood sheets through the «-etland, which would seem acceptable under the current dry
conditions.
I have enclosed the land alteration permit application noted in item c). Please return the application
and obtain the permit, and call for a final inspection once the work is completed. If you have any
questions, please contact me or Public Services Director Greg Gappa at 9�2-249-4600.
Sincerely,
G�j�2``� �
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Michael P. Ga fron
Planning Director
encl.
cc: Greg Gappa
Ron Moorse
City Council
Gabriel Jabbour