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Home My WebLink AboutLA21-000017 (480 Big Island) COMBINEDDate Application Received: 02/08/2021 Date Application Considered as Complete: 02/16/2021 60‐Day Review Period Expires: 04/17/2021 To: Chair Ressler and Planning Commission Members Ron Olson, Interim City Administrator From: Melanie Curtis, Planner mcc Date: 15 March 2021 Subject: #LA21‐000017, Joseph & Sara Thull, 480 Big Island, Permit for Dock on City ROW (Bay Place) Public Hearing Background The applicants own 480 Big Island, a non‐lakeshore property on the eastern portion of Big Island. They purchased the property in 2010. The applicants’ property is sandwiched between the platted, undeveloped 33‐foot wide right‐of‐way named Anawan Avenue and Lawn Avenue which, via Bay Street, connects to the Bay Place right‐of‐way (see Exhibit G). Bay Place connects to the lake on the eastern side of the island. There are no developed roads on Big Island. Recognizing no other options for boat dockage, thus safe access to the property, the applicants seek a permit to place a seasonal dock on city right of way, pursuant to the Code Section 78‐567. Two dock permits have been issued in the past 20+ years: Resolution 4465 attributed to 220 and 130 Big Island (attached as Exhibit F) granted in 2000; and Resolution 2038 attributed to 230 Big Island (Exhibit E) granted in 1986. **New information submitted 03/11/2021** Please see attached Exhibit L: Staff received an updated request and narrative on Thursday afternoon from the applicant in which he addresses some of the comments he has received. Applicable Regulations: Permit for Private Improvements within Public Rights‐of‐Way (Section 78‐567) Section 78‐567 provides a mechanism for an inland/off‐lake property owner to request a permit to install or construct private improvements on public rights‐of‐way. A dock would allow access to the applicants’ property. This provision only exists within the RS District (Big Island and Deering Island). (Section 78‐567 has been abbreviated for analysis below, the entire section is attached as Exhibit D): 1. Inland property access, persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right‐of‐way for such purpose. The permit applicant shall demonstrate and the council shall find: Application Summary: The applicants are requesting a permit to install a dock on City right‐ of‐way to access their non‐lakeshore, interior property on Big Island. Staff Recommendation: Planning Department recommends approval as detailed on page 4. FILE # LA21-000017 15 March 2021 Page 2 of 4  That there is no reasonable alternative access available. The applicants’ property does not abut the lake or a public dock access.  That the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right‐of‐way. The right‐of‐way appears to be approximately 38 feet wide at the lake and widens to the west. There are two abutting lakeshore properties: 210 Big Island (owned by Jud and Alyea Champlin) which contains a seasonal dwelling; and 260 Big Island (owned by David Saari ‐ KW Saari et al) which is vacant. Both property owners have reached out to staff regarding this request; to date, of the owners abutting the right‐of‐way, only the Champlins have provided written comment (included as Exhibit I).  There is one existing permit for a dock on this same Bay Place right‐of‐way granted via Resolution 2038 (hereinafter “Permit 2038”) which is attached as Exhibit E. Permit 2038 is attributed to the property at 230 Big Island. Permit 2038 was issued to Ms. Elsie Hales in 1986 as her family had historically been using the Bay Place right‐of‐way for dock purposes through an informal agreement with the City for approximately 50 years. Upon Ms. Hales’ decision to sell the property she requested a permit for the existing dock to assure access for a buyer. Permit 2038 was granted, subject to a number of conditions, including the following: “should there be any other requests from inland property owners to use this site for the installation of a dock to their properties, this permit is automatically revoked.” Permit 2038 appears to have remained in effect since that time, and has been transferred to the subsequent owners (Fred Bruntjen/Nancy Farnes). Ms. Farnes has provided comment on this request, included with Exhibit I.  The council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right‐of‐way and the number of existing or future property owners who may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. 2. Land alterations. “Grading or physical alteration of any platted public right‐of‐way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as part of a permit issued by the council...” 3. Dockage on right‐of‐way. “Installing, maintaining, keeping or using a private dock on any platted public right‐of‐way for any purpose, including inland property access, is prohibited except when such dock has been specifically authorized as part of a permit issued by the council… The council may establish reasonable standards or requirements in approving any such dock permit.” 4. Encroachments prohibited. “No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right‐of‐way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit issued under this section.” 5. Permit exceptions. “No permit shall be required for any person to walk on or over any platted public right‐of‐way or any platted public park when such use is made without altering the natural state of the land…” FILE # LA21-000017 15 March 2021 Page 3 of 4 6. Public use limited. “Any permit issued under this section shall be deemed to open the platted public right‐of‐way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees.” 7. Permit limitations. “A permit issued under this section shall not grant or vest any property rights to use of the public right‐of‐way or other public property, or in any improvements. Permits issued under this section shall be valid for one year, shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date.” 8. Hold harmless…“As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the city from any and all claims or causes of action arising out of the use or alteration of the platted right‐of‐way by applicant or his invitees.” 9. Permit hearing and notice. “The planning commission or the council shall hold a public hearing or hearings on each application for a permit…” Discussion: Staff finds the request generally meets the criteria outlined in Section 78‐567 for approval. In 2019, a request for a dock on right‐of‐way was made on the western portion of Big Island (#LA19‐000086). That property owner, Ms. Fieger, had been utilizing an informal easement over a neighboring, lakeshore property. The City Council upon review of the details, directed staff to explore a text amendment to the Subdivision Regulations (Chapter 82) to facilitate the creation of a legal lake access easement only in the RS District; this was added to the Code in 2020 (included in Exhibit D). The text amendment resolved the access issue for Ms. Fieger and her permit request was withdrawn. Knowing this provision was now available to them, the applicants have attempted unsuccessfully to secure a private easements from neighbors (including Three Rivers Park District) as detailed in their submittal. They decided, with the boating season fast approaching, to begin the City permitting process. Their submittal included their reasoning for selecting this site. As a result of the applicants’ request and based on the resolution language, at this time Permit 2038 should be considered to be revoked; Staff has confirmed that the holder of Permit 2038 continues to desire dock access. While formally revoked, if the Commission/Council feel a dock is appropriate, staff suggests that some compromise or coordination occur to maintain access for both parties. With the exception of the Permit 2038 for 230 Big Island and its automatic revocation condition, the applicants’ dock request should not unreasonably impact the other properties on this side of the island. There are two additional interior lots on the east side of the island (490 and 500 Big Island) without lake access who may, in the future, request a permit for a dock on right‐of‐way. The City should anticipate requests from 490 and 500 Big Island at some time. The other remaining properties on the east side are either lakeshore properties or in common ownership with a lakeshore property, thus providing the opportunity for a dock. Staff recommends the dock access question for inland lots be looked at comprehensively. Public Comments A public hearing notice was sent out to the property owners within 500‐feet of the applicants’ property notifying about the Planning Commission public hearing. In order to ensure transparency and to solicit additional comments for City Council use, staff has developed a second notice will be sent on March 31st to the owners within 500 feet of the proposed dock site. A number of public comments have been received and they are attached as Exhibit I. Most comments oppose the dock. FILE # LA21-000017 15 March 2021 Page 4 of 4 Issues for Consideration/Discussion 1. The Permit 2038 approved by the City Council permitted a dock in favor of property located at 230 Big Island in 1986. A condition of approval was any other requests for docking at the Bay Place site would cause the permit to be automatically revoked. Does the Commission wish to explore a solution to this unique condition? 2. Does the Commission wish to explore comprehensive solutions for inland lot access? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested permit(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Planning Staff recommends approval of the dock, with the following conditions: 1. The location of the installed dock shall be approved by the LMCD, and shall be approved by the Public Works Director. 2. The permit issued shall be valid for one year, and shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date. 3. The approval should identify which property(ies) has rights to use the dock, and each owner shall be permitted one boat slip for use by the owner of the property exclusively. 4. The dock shall be removed for the winter season. A winter storage location should be identified and approved by staff. 5. Dock sections shall not exceed 6‐feet in width. 6. No canopy shall be erected. Staff further recommends that a comprehensive solution to the dock access question be considered. List of Exhibits Exhibit A. Application Exhibit B. Applicant’s Narrative & Maps Exhibit C. Aerial Photo Exhibit D. City Code Sections Exhibit E. Resol 2038 Exhibit F. Resol 4465 Exhibit G. Hennepin County Half‐Section Map Exhibit H. Big Island Record Lot Maps Exhibit I. Public Comment Exhibit J. Property Owners List Exhibit K. Plat Map Exhibit L. New information from applicant submitted Thursday 3/11 afternoon Land Use Application Summary Application Date:02/08/2021 Address:480 Big Island Orono, MN 55331 Parcel Number:2311723320062 Land Use Number:LA21-000017 Application Submitted By:Property Owner Owner:Name: JOSPEH P THULL Address: SARA J THULL 6872 HIGHOVER DR CHANHASSEN, MN 55317 Applicant:Name: Joseph Thull Company: Service Rev LLC Address: 6872 Highover Drive Chanhassen, MN 55317 joethull@gmail.com Contact Information:Associated Contact: Associated Contact: Associated Contact: Associated Contact: Project Description:Install dock on City ROW for inland property on Big Island Land Use Application Type:Amendmend Application Appeal of Admin Decision Concept Application Conditional Use Permit Site Plan Application Subdivision Application Subdivision Exception Vacation Application Variance Application Applicant Signature: 480 Big Island Conditional Use Permit: Dock Permit Request & Background Overview •Background & Context •Research & Insights of Interior Lots For Permitted Docks •Easement Efforts To Date •Options For A Permitted Dock Location •Proposed Site & Details BACKGROUND: My name is Joe Thull and I live in Chanhassen with my wife Sara and kids, we acquired 480 Big Island about 12 years ago and have been an avid Lake Minnetonka boater for over 25 years. We visit our lot occasionally, but without proper dock access we are required to anchor our boat, swim then hike to our property. Given the pandemic and aging parents we have decided to invest in our island property and work toward completing a cabin, we have recently started construction of a permitted 10x12 shed which will be completed in the spring of 2021. Our lot is .28 acres and abuts the Three Rivers Parks Land. Use of the property today…..and its limitation Anchor, Swim & Hike Three River Parks Land Lot #740 Objective: We are requesting a permitted dock as we are investing in our property. Based on the RS Code, inner lot owners can apply for a permitted dock. I have been working with Melanie and team to determine the best options for an easement or permitted dock. My intent is to find an amical way of securing dock access to my property while respecting my neighbors and other property owners. Over the next few slides, I would like to provide some learnings based on my research and propose a suitable location. Cabin Design (Draft) Few Lots Without Access •Based on my research there are only three total interior vacant lots on this part Big Island that do not have access to their property via a permitted dock or easement. •The other three interior lots have permitted docking rights. •While there are additional interior lots, they are owned by homeowners with lakeshore access. •Provided I am granted a permitted dock there will only be 2 smallvacant lots left. One of the three vacant lots without docking is our property •Three interior vacant lot without access today, 480, 490 & 500. My Lot Is One Of Three Without Current Access Three interior lots with permitted access The rest of the interior lots are owned by lakeshore owners to myknowledge Current Permitted Dock Holders Easement Code Change & Efforts New Easement Language For InteriorLot OwnersAs Of 9-14 -20 I have approached various property owners regarding a 10ft easement. I have not successfully secured an easement and it looks like a permitted dock is my best option. Proposed Easement With Three River Parks Denied This right-of-way/street stops short preventing a dock from being permittedhere Three River Parks owns the land between the right-of-way and the lakeshore preventing a permitted dock at this location. I approached Three Rivers Parks in January 2021 and proposed a 10ft easement to access my property, while they understood my challenge they ultimately denied my request and stated they deny all easement requests similar to mine. Dock Permitting RS Code There Are Numerous Right-of-way/Streets Near My Lot That Lead Down To The Lake For A Potential Permitted Dock. This right-of-way/street stops short preventing a dock from being permittedhere Potential For Permitted Dock via Right-of-Way Some of these potential locations are better than others, i.e., primary access road for barges & Xcel etc, or terrain/geography 1 4 3 2 I am Proposing A Dock Permit Located at (1) Right-of-Way Based on Proximity to My Property, Level Terrain, City Input and Minimal Shoreline Disruption This right-of-way/street stops short preventing a dock from being permittedhere Best Site Location 1 Right-of Way Area Overview Property Lines Right-of-way Areas Short Path On Right-of-Ways From My Property To Proposed Dock Right-of Way Lakeshore Is Approx. 38 ft. Arial View of Proposed Dock Permit Location & Adjacent Properties Arial Section Enlarged *No Docks Are Currently Being Used On Right-of-Way Shoreline Of Proposed Dock: Terrain Is Flat and Level To The Lakeshore –Very Minimal Work To Place And Secure a Dock Proposed Dock Location DOCK LINE -DIRECTION Right-of-Way Looking Back From The Shoreline & Proposed Dock Property Looking Right (SE) of Proposed Dock Contact Info. Joe Thull Mobile: 612.812.1280 joethull@gmail.com 6872 Highover Dr. Chanhassen, MN 55317 Thank you for your consideration, my goal is to secure the dock permit to aid in the building of the shed structure in the Spring and cabin structure planning surveying and permitting. LA21-000017 Exhibit D Created: 2021-02-27 04:26:46 [EST] (Supp. No. 19, Update 1) Page 1 of 2 Sec. 78-567. Permit for private improvements within public rights-of-way. It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way, any platted public park, or any other property owned by the city without first obtaining a permit from the council, as follows: (1) Inland property access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose. The permit applicant shall demonstrate and the council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. (2) Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work. Permit approval shall be subject to obtaining a grading permit from city staff; and land alterations involving filling and grading shall be performed with only clean fill, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. (3) Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has been specifically authorized as part of a permit issued by the council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with city and Lake Minnetonka Conservation District dock regulations. The council may establish reasonable standards or requirements in approving any such dock permit. (4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of- way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit issued under this section. (5) Permit exceptions. No permit shall be required for any person to walk on or over any platted public right-of-way or any platted public park when such use is made without altering the natural state of the land. No permit shall be required for any person whose property abuts a platted public right-of-way or a platted public park to control weeds or brush, seed, sod, mow or otherwise maintain the right-of-way or park in a neat and presentable manner. Persons whose record lot established by section 78-568 consists of tax parcels divided by platted, unopened public right-of-way may incorporate and use such right-of-way as part of their yard without a permit, provided no permanent structures are erected or maintained within the right-of-way. LA21-000017 Exhibit D Created: 2021-02-27 04:26:46 [EST] (Supp. No. 19, Update 1) Page 2 of 2 (6) Public use limited. Any permit issued under this section shall be deemed to open the platted public right-of-way only to the extent necessary as established in the permit, and for the limited use of the permittee and his invitees. (7) Permit limitations. A permit issued under this section shall not grant or vest any property rights to use of the public right-of-way or other public property, or in any improvements. Permits issued under this section shall be valid for one year, shall be subject to change, alteration or revocation for cause by the council at any time, and shall be automatically renewable on the anniversary of the date of issuance except upon written notice from the city to the permittee at least 30 days prior to the anniversary date. (8) Hold harmless. As a condition of issuance of any permit, the applicant shall in writing release, indemnify and hold harmless the city from any and all claims or causes of action arising out of the use or alteration of the platted right-of-way by applicant or his invitees. (9) Permit hearing and notice. The planning commission or the council shall hold a public hearing or hearings on each application for a permit as required by section 78-48. (Code 1984, § 10.31(5); Ord. No. 210 3rd series, § 12, 6-25-2018) yW 5 B;NJ Cit o ORONOrn,t x• • rP,' RESOLUTION OF THE CITY COUNCIL r 2038 r . NO. A R$SOLIITION PERMITTINGi;:..,.,.t`.ci, A FRIVATE DOCR ON PLATT$D DNIMPROVED RIGHT-OF-WAY BAY PLACE, BIG ISLAND WHER$AS, the City of Orono has received a request for a private dock on platted unimproved right-of-way known as Bay Place on Big Island to serve as access to inland property; and WH$REAS, as per Section 10.31, Subdivision 3 of the Orono City Code al lows for the instal lation of a private dock on unimproved platted right-of-way on Big Island to serve as access for inland properties. NOW, TH$REFOR$, BE IT RESOLVED that a private dock is permitted on platted unimproved right-of-way known as Bay Place on Big Island to serve inland proper y to Lots 19 & 20, P.I.D. No. 23-117-23 23 0033, with the following conditions: 1. The installation of the dock length not to exceed 100 feet 2. Setback from extended lot lines: 0-50 feet in length 10 ' 51-100 feet in length 15' 3. Dock sections not to exceed 6 ' in width 4. One boat per dock for residential use only (LMCD regulations) The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees . to hold the City harmless for- ever from any and all claims resulting from actions as a result of the issuance of this permit, use of the right-of-way, or use of the dock while this permit is in force. Should there be any other requests from inland property owners to use this site for he installation of a dock to their properties, this permit is automatically revoked. This permit may be revoked by the City at any time for any reason in the future upon review and revocation by the Orono Counci 1. The property owners agree to remove all structures within 30 days of permit revocation or termination and if no removal, agree to an assessment of the cost against Lots 19 and 20 of Big Island. The City of Orono further reserves the right to review this permit for anytireason as deemed appropriate. Adopted-by,,the City Council of the City of Orono on the 25th day of gust, 1986. ATT T: D thy M. 11in, City Clerk Tim Adams, Acting Mayor e/ nertv Owner s) r O_ I O O b. C ITY of ORONO G' RESOLUTION OF THE CITY COUNCIL L SH Sc' NO. 3 4.:;. A RESOLUTION PERMITTING A PRIVATE DOCK ON PLATTED UNIMPROVED RIGHT—OF—WAY BETWEEN LOTS 38 AND 39 MORSE ISLAND PARK BIG ISLAND Metro Leg i '_ `FILE #2 49 Box 4' WHEREAS, the City of Orono has received a request by David Lovelace (the applicant")for a private dock on platted unimproved right-of way located between Lots 38 and 39, Morse Island Park on Big Island to serve as access to inland property located at 220 Bia lsland(also known as Big Island Record Lot#8) and legally described as follows: y E chibit A attached); Also described as: PINS #23-1 17-23 23 0028 hereinafter "the property"); and WHEREAS,Section 10.31,Subdivision 5 of the Orono Zoning Code allows owners of inland properties to request approval of a permit for the installation of a pri ate dock on unimproved platted right-of-way on Big Island to serve as access for said inland properties; and WHEREAS,the City Council is authorized to approve,deny or place restrictions on such permit based upon public health, safety and welfare considerations. NOW,THEREFORE BE IT RESOLVED that a private seasonal dock is pernutted on platted unimproved right-of-way located between Lots 38 and 39,Morse Island Park to serve the property, with the following conditions: 1.Length of installed dock extended from the shoreline shall not exceed 100'. 2.Setback from the extended right-of-way boundary lines: a. 0-50' from shoreline: 10' minimum b. 0-100' from shoreline: 15' minimum c. Final location subject to approval of Public Services Director. 3.Dock sections not to exceed 6' in width. 4.One boat slip only, allowed for applicant's use only. Page 1 of 3 0,. O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL l v SHo4 ruo. _,. 6, 5.A lateral dock section at the shoreline may be installed to facilitate pedestrian access over/around the existing ice ridge at the shoreline. 6.The owner of the adjacent inland lot at 130 Big Island (Record Lot#10) may also share in the use of said dock(one boat slip only for 130 Big Island) as long as such use is acceptable to the applicant. At such future time that the owner of 130 Big Island requests that the City Council approve a separate dock to serve said 130 Big Island independently from the dock serving 220 Big Island,it is the intent of this City Council to allow a second dock at this same location between said Lots 38 and 39 to serve 130 Big Island. 7.No dock canopy shall be erected over said dock. The permittee agrees to maintain the area in a neat and presentable manner at all times and agrees to hold the City harmless forever from any and all claims resultina from actions as a result of the issuance of this permit,use of the right-of-way,or use of the dock«-hile this permit is in force. Should there be any other requests from inland property owners to use this site for the installation of a dock to serve their properties,this permit is subject to revie t-and or revocation at the discretion of the City Council. Further,this permit may be revoked by the City any time for any reason in the future upon review and revocation by the Orono City Council. The City of Orono further reserves the right to review this permit for any reason as deemed appropriate. The applicant agrees to remove all structures within 30 days of permit revocation or termination and if no removal occurs, agrees to an assessment of the costs of removal against the property. This permit runs with the property,not with the owner,subject to all conditions and restrictions noted herein. The undersigned applicant has read,understood and hereby agrees to the terms of this resolution and on behalf of himself,his heirs,successors and assigns,hereby agrzes to the recording of this resolution in the chain of title of the property. Page 2 of 3 O,. O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCII kE H 4' G N O. t; S Adopted by the Orono City Council on this 24th day of April, 2000. ATTEST: G Li a S. V ee, City Clerk Gabn 1 Jabbour, Mayor Pr Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of April, 2000, by Gabriel Jabbour&Linda S. Vee, Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Cit. 1CAROLEk. t-f:5EI IN il ir e /. .-t,.J NOTARY PU9UC-MiNNESpTqaA'tm i`sion Expires Jan.3 Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this '"day of t. 2000 before me a Notary Public within and for said county,personally appeared /-I,: d n-/Y,,.nn r r:c known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he(they) executed the same as his (their) free act and deed. CAROLE A.tiqSEM,qNNOTARYP/g_M N TA N y pUBLIC aess Jan.31,2pp5 Page 3 of 3 RESOLUTION#4456 EXHIBIT A LEGAL DESCRIPTION That part of Lot B, Morse Island Park, Hennepin County, Minnesota, lying south of a line running from a point on the west line thereof a distance of 554 feet south of the northwest corner thereof,to the northwest corner of Lot 38, Morse Island Park RESOLUTION# 4456 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on April 24, 2000 and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 24th day of July 2000. C u - .- Linda S. Vee, City Clerk SEAL) r ..J t.. s CFFICE Gt CCU'TY KECOP.GER HENNCPIIS CDUNTY.MINNE50TA CERTiF1E FILf011N0 OR R:CuR'-1 J C' ao auc -s a s 46 3348 9 C0.REC.t.us.'/ - 1..51— DEPUT Y puplicace Filin9 Ce rficate Big Island Record Lot Revisions Since 1982: 1) Record Lots 55 & 64 combined with Record Lot 2 (Three Rivers Parks) 2) Non-contiguous small parcel of Record Lot 22 becomes new Record Lot 70 (unbuildable) 3) Four non-lakeshore parcels of Record Lot 15 detached; re-attached to Record Lot 16 4) Record Lot 12 combined with Record Lot 19 5) Record Lot 44 split between Record Lots 31 and 59 6) Record Lot 66 combined with Record Lot 59 From:Aleya Champlin To:Melanie Curtis Subject:Permit Request for 480 Big Island, Orono (LA21-000017) Date:Sunday, March 7, 2021 11:16:21 PM Attachments:Request for Consideration.pdf Dear Ms. Curtis, As a matter of introduction, my husband Jud and I are the owners of 210 Big Island. We have owned this property since 2007 and are so grateful to the City of Orono for all the improvements made to Big Island over the years, preserving its natural beauty and historical significance. We received a notice from the City of Orono regarding the upcoming March 15 Planning Commission meeting to discuss the above-referenced land use application permit request. We have read the permit request document submitted by Joseph Thull, and are planning to attend the March 15 meeting. This past weekend, we went out to Big Island to do a walk-through of the area described in the permit request to get a better understanding of Mr. Thull's proposed plan prior to the Planning Commission meeting. We are providing you with our comments regarding this permit request in the attached document. There is a link to a video of our walk-through in the document, but in case that link does not work for some reason, here it is again: https://photos.app.goo.gl/HPKLi4YpTbqvonbV9 Please do let us know if anything in the attached document is unclear or would benefit from additional information. Thank you so much for your time and consideration, Aleya and Jud Champlin 2643 Thoroughbred Lane 210 Big Island Orono, MN 55356 952-476-0258 (home) 612-419-0200 (Aleya's cell) 612-240-8100 (Jud's cell) Comments on 480 Big Island Dock Permit Request 480 Big Island Permit Request: Goal of Dock Permit is Construction (Thull Permit Request, Page 22) 480 Big Island Permit Request: Proposed Dock Location (Thull Permit Request, Page 19) 480 Big Island Permit Request: Use of Unimproved Right-of-Ways for Construction Goal (Thull Permit Request, Page 15) Public Right-of-Way and Proposed Dock Area? Proposed Dock Location Will Require Removal of Established Shoreline Trees and Native Growth (Photo Taken on March 6, 2021) Property marker for 260 Big Island? Path to be Used for Transporting Construction Materials and Equipment? Unimproved Right-of-Way Includes Mature Trees and Native Growth Providing Natural Habitat and Big Island Rainwater Drainage Buffer Zone for Lake Minnetonka (Photo Taken on March 6, 2021) Video Walkthrough Available Here: https://photos.app.goo.gl/HPKLi4YpTbqvonbV9 Natural Habitat In Proposed Dock Location and Right-of-Way Use The proposed dock location and the unimproved right-of-way are currently in a natural state, and the private property areas directly adjacent to the right-of-way have been largely untouched by the property owners, allowing native trees, shrubs, vegetation and wildlife to grow and thrive on the shoreline and along the right-of-way. The City of Orono had informed property owners that the established native growth and resulting soil condition in the unimproved right-of-way serve as a buffer to quell the drainage of rainwater from the higher elevations of Big Island directly into Lake Minnetonka. The southern perimeter of the “keyhole” adjacent to the proposed dock location has similarly been left untouched by the property owner. The soil in the southern portion of the perimeter is saturated and supports vegetation adapted to such growth conditions. The southern portion of the keyhole also supports wildlife including blue herons, ducks, geese, turtles and beavers, often serving as a “safe harbor” for such wildlife, away from the watercraft traffic on Lake Minnetonka. A dock in this location would disrupt the native shoreline growth and habitat. Use of the unimproved right-of-way from the proposed dock location to 480 Big Island for construction purposes would likely disrupt the native trees and other growth which currently serve as a drainage buffer. Comments Regarding the 480 Big Island Permit Request The stated goal of the 480 Big Island Permit Request is for the construction of a shed, and for planning for a larger residential structure on the 0.28 acre property. Construction of any size will require equipment and materials to be brought onto the property, from the Proposed Dock Location and along the unimproved right-of-way that are currently in a natural state. It is highly likely that the natural trees, vegetation and habitat will be disturbed and even destroyed in this process. There is no provision in the Permit Request for storage of the dock during the winter season. Transporting the dock from the shoreline to 480 Big Island to avoid encroachment is also likely to cause damage to the unimproved right-of-way. Reasonable alternatives are currently available to enable access to 480 Big Island, such as those shown in the 480 Big Island Permit Request. 480 Big Island Permit Request: Numerous Alternatives (Thull Permit Request, Page 12) Reasonable Alternatives Not Addressed in Permit Request ●Use of existing permitted dock at one of the public access areas ●“Beach” boat at a public access site and use barge access site for construction materials and equipment ●Join boating safety organization with docks located adjacent to Three Rivers Park District property boundary ●Approach all property owners for easement or temporary dock usage Sec. 78-567. - Permit for private improvements within public rights-of-way. LINK TO SECTION It is unlawful for any person to alter, improve or use for private purposes in any RS district any platted public right-of-way, any platted public park, or any other property owned by the city without first obtaining a permit from the council, as follows: (1) Inland property access. Persons desiring access to property located inland and not abutting the shoreline may apply for a permit to privately use and/or improve platted public right-of-way for such purpose. The permit applicant shall demonstrate and the council shall find that there is no reasonable alternative access available, and that the proposed improvements and/or type of use would not unreasonably affect other properties abutting the right-of-way. The council may approve, deny or place restrictions on any such permit based upon public health, safety and welfare considerations, including without limitation the configuration of adjoining record lots, the location, width, topography, drainage and vegetation on the right-of-way and the number of existing or future property owners who may require access at the same location. Any land alterations or improvements approved shall be the minimum amount necessary to provide reasonable inland access. (2)Land alterations. Grading or physical alteration of any platted public right-of-way for any purpose, including inland property access, is prohibited except when such work has been specifically authorized as part of a permit issued by the council. The permit applicant shall provide a detailed land survey of the right-of-way and appropriate engineering drawings sufficient to identify the full extent of all proposed work . Permit approval shall be subject to obtaining a grading permit from city staff; and land alterations involving filling and grading shall be performed with only clean fill, and all other permits as may be required by other agencies having jurisdiction. Public rights-of-way so improved shall be maintained by the licensee. (3)Dockage on right-of-way. Installing, maintaining, keeping or using a private dock on any platted public right-of-way for any purpose, including inland property access, is prohibited except when such dock has been specifically authorized as part of a permit issued by the council. Not more than one seasonal dock will be approved for access to any one property. In review and approval or denial of such permit, the council shall consider the width and topography of the right-of-way, the number of property owners requesting dockage at that location, the plan of the proposed dock, and conformance with city and Lake Minnetonka Conservation District dock regulations. The council may establish reasonable standards or requirements in approving any such dock permit. (4) Encroachments prohibited. No private property, buildings, structures, fences, boats, vehicles, dock parts, junk or debris shall be built, stored, parked or kept at any time within any platted public right-of-way, within any platted public park, or on any other property owned by the city except as specifically authorized by a permit issued under this section. ... (Code 1984, § 10.31(5); Ord. No. 210 3rd series, § 12, 6-25-2018) Orono, Minnesota Code of Ordinances Lake Minnetonka Conservation District (LMCD) Code of Ordinances Section 2.01. Authorized Dock Use Area LINK TO LMCD CODE OF ORDINANCES Subd. 2. Description of Authorized Dock Use Area. An authorized dock use area is described as follows: a) Length - The authorized dock use area for sites bordering on the Lake extends into the Lake a distance equal to the site Lake frontage to be measured at right angles to the side site lines... b) Width - The authorized dock use area for sites bordering on the Lake is limited in width by the setback limitations prescribed herein. The setback from side site lines as extended in the Lake shall be as follows: Request for Consideration As there are existing alternative access options to reach 480 Big Island, it is reasonable to consider these alternatives instead of disturbing or destroying the native trees, vegetation, habitat and drainage buffer along the shoreline and unimproved right-of-way that would result from granting the 480 Big Island Permit Request. The unimproved right-of-way identified in the 480 Big Island Permit Request includes areas that may be deemed to be wetlands according to the Minnesota Department of Natural Resources guidelines. The LMCD side setback requirements for the Proposed Dock Location would involve the removal of shoreline trees and vegetation from the unimproved right-of-way. A complete land survey of the unimproved right-of-way, a shoreline classification review, and conformity with the LMCD dock regulations should be required prior to determining the status of the 480 Big Island Permit Request. Thank you for your time and consideration JuJud and Aleya Champlin 210 Big Island, Orono From:Judson Champlin To:Melanie Curtis Cc:Aleya Champlin Subject:480 Big Island Dock Permit Date:Thursday, March 11, 2021 2:31:08 PM Attachments:10_ft_Setback.pdf 480_Big_Island.pdf Hello Melanie. I know this is coming in late, but I figured it might be of some help to you. I tried to figure out my own way through all of the LMCD rules, and decided I better talk to an expert. I ended up speaking with Mathew over at the LMCD about the proposed dock, and he was able to rattle off enough of their rules to get my head spinning. One thing he mentioned was that docks need a 10 foot setback from any adjoining lots. I guess this setback actually extends beyond the shoreline and into the lake. At least this is how I understood it! Attached are a couple of sketches I made to try to show this. In the handmade one, I used a ruler to determine where 10 foot setback is, and I calibrated my measurement based upon the 38.5 feet of shoreline stated in one of the slides in the application. I also tried to illustrate it by overlaying a slide from the application itself, but that is just me eyeballing it. If you figure a dock is maybe 3 feet wide, plus the width of any boat tied to it, the dock might have to be pretty short to stay within the setbacks. I have no idea how accurate any of this is, so It might be a good idea to get this all surveyed to figure where these boarders actually lie. Mathew said he would be very happy to help out with any questions you all might have. From my limited understanding, there are a number of relevant LMCD rules that might have an impact here. Hope that helps! Thank you again and take care. -Jud -- Judson K. Champlin Westman, Champlin and Koehler, P.A. Suite 1100 121 South Eighth Street Minneapolis, MN 55402 www.wck.com 612-334-3222 Intellectual Property Attorneys WARNING: The information contained in this transmission may be privileged or confidential. It is intended only for the above identified recipient. If you are not the intended recipient, please forward this transmission to the author. Please delete this transmission and all copies. Thank you. 10 Ft Setbacks From:Jeff Hornig To:Melanie Curtis Cc:Olivia Hornig Subject:Big Island Dock Permit Date:Thursday, March 4, 2021 12:19:20 PM Melanie, Thank you for your time on the phone. First and foremost, my wife Olivia took the time to review the proposal vs a knee jerk no response. We have decided that we are opposed to this dock permit as proposed. I have 3 thoughts for the application. 1. Motivation. I am concerned that the motivation is purely financial gain which is not a reason to allow the permit. Obviously a lot with lakeshore is worth 10x what a lot without it is worth. He has owned his lot for 12 years and hasn’t done anything to start a build process. Being in housing, the cabin he wants to build in the picture he included I estimate to cost around $650-$750k with septic. I looked up his home in Chanhassen, worth about $600k. I would be surprised if they built a cabin worth more than their primary residence in my experience. A solution would be to tie the allowed dock permit to his building and septic permits. When he applies for those and starts construction, his dock permit is approved at the same time. This creates tax revenue for the city and proves his motivation is pure. 2. Options for Docks: He states that he has to boat over, anchor, swim to his lot. The power squadron is right next door to his property and is very affordable. If he never joined the power squadron in the 12 years I question his motivation, going back to his financial gain being his primary objective. 3. Land Locked Lots on Big Island: As we discussed, if you allow for this permit the other lots will quickly want and expect the same thing. Perhaps this is the time to address the whole issue. If this is going to be approved, I would propose that all the landlocked lots get a permit at the same time for that space and allow a dock for each of them on that site. Thank you for your time and effort on this issue. Jeff Hornig | Owner. 450 Big Island. Lakes Sotheby's International Realty Jackson Hole Sotheby's International Realty Sun Valley Sotheby's International Realty t 952.230.3165 From:Paul Maravelas To:Melanie Curtis Subject:Joe Thull lake access request LA21-000017 Date:Monday, March 8, 2021 4:34:16 PM Dear Ms. Curtis, I am one of several landowners at 130 Big Island and a historian of the island. I wanted to share my opinion regarding Joe Thull's lake access request (LA21-000017). I don't think it is reasonable to ask the Thull family or the immediate neighbors to trek overland to the northeast a considerable distance as is contemplated in the conditional use permit application. It is difficult enough to bring materials and supplies to the island without adding the additional complexity of having the lake access so far away. It would impart a great convenience for the owners of 480, 490, and 500 (lots 12 through 15, Morse Island Park) to have their docks and boats nearby as well, where they can be conveniently monitored. I believe the city should condemn a part of the southerly portion of the Three Rivers Park land in order to extend Anawan Avenue to the southwest through the Three Rivers land to the lake. Anawan Avenue is a platted street which adjoins Mr. Thull's property on the southeast side. It appears to me from maps that the distance from the current termination of Anawan Avenue to the lake is about 50 feet. The extension of the street would not affect the park district's land inordinately, as it lies on the extreme edge of the parcel and would not divide it. The west end of Anawan Avenue is platted to be 33 feet wide, but the extension I propose could probably be reduced in width if wanted. Paul Maravelas Mayer, Minnesota 612 581 8207 From:Tom Kolar To:Jody Laughlin; Mlaughlin@mpnexlevel.com; Scheftel, Joni (MDH); Paul Maravelas; stevescheftel@gmail.com; John Uran; William Liljemark; Maggie Lunetta; kevin@powerplayretail.com; Steve Backes; Karen Backes; Tom Kolar; Sarah Kolar; Daniel O"Gara; Kris O"Gara; hilary.cheeley@gmail.com; mark.d.cheeley@ampf.com; Judson Champlin; aleya@champlins.us; Michael Dougherty; dsaari53@gmail.com; lsaari54@gmail.com; saarico1@aol.com; bigislandcat@aol.com; gimprints.rp@gmail.com; gloria.fink@comcast.net; Pete Kopfmann; samantha.haldeman@gmail.com; Bill Yaeger; LaWayne; john.dean41949@gmail.com; Dwyer, Jim; jdeandwyer@gmail.com; rod.landers@gmail.com; Jennifer Landers; sandie.threepo@yahoo.com; mcgrawleslee@gmail.com; Douglas Ramsey; Jon Rausch; kellyrausch143@gmail.com; David Larson; Dawn Dahlberg; Lee Bailey-Seiler; Liz Adams; Johndmcmahon@yahoo.com; libbymac48@gmail.com; jumpinjacks8@gmail.com; Greg OConnor; maureenolson@gmail.com; johnReimann18@gmail.com; Alice Reimann; Jeff Hornig; Olivia Hornig; chris@generalstoreofminnetonka.com; joethull@gmail.com; sjthull@gmail.com; tedhanna@qwestoffice.net; tadeg@comcast.net; terry.deggendorf@outlook.com Cc:Melanie Curtis Subject:Permit to use right of way for a dock Date:Wednesday, March 3, 2021 8:38:57 AM Attachments:480 Big Island Conditional Use Permit for Dock 2-16 .pdf To: All East Side Big Island Residents Melanie Curtis, Planner from the City of Orono has requested that I forward the attachednotices to you all so that you are aware that a permit to use an island right of way for a dock has been applied for by Joe Thull of 480 Big Island. Some of you may have received these notices by mail from the City. This issue rarely comes up on the island but it did happen last year on the West side with an ownerthat did not have lake access for a dock. This is the case with this permit request. I would like to point out that the the permit request is not for the two common access points located near 140 and 450 Big Island. Please read the attached conditional use permit application and if you have any questions, comments or concerns, please contact Melanie before March 8th directly at 952-249-4627 or mcurtis@ci.orono.mn.us Regards, Tom Kolar-personal t-kolar@comcast.net612-859-5985180 Big Island RUN DATE: 02/09/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 1 38 22-117-23 14 0001 THREE RIVERS PARK DISTRICT 740 BIG ISLAND ORONO MN 55331 THREE RIVERS PARK DISTRICT 3000 XENIUM LA N PLYMOUTH MN 55441 38 22-117-23 14 0002 MINNETONKA POWER SQUADRON 510 BIG ISLAND ORONO MN 55331 MINNETONKA POWER SQUADRON P O BOX 453 EXCELSIOR MN 55331 38 22-117-23 14 0003 THREE RIVERS PARK DISTRICT 740 BIG ISLAND ORONO MN 55331 THREE RIVERS PARK DISTRICT 3000 XENIUM LA N PLYMOUTH MN 55441 38 22-117-23 41 0002 CJB REV TRUST 470 BIG ISLAND ORONO MN 55331 CHRISTOPHER J BOLLIS 220 STUBBS BAY RD LONG LAKE MN 55356 38 22-117-23 41 0003 NANCY L FARNES 460 BIG ISLAND ORONO MN 55331 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 23 0003 FRED A BRUNTJEN 240 BIG ISLAND ORONO MN 55331 FRED A BRUNTJEN 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 23 0004 FRED A BRUNTJEN 240 BIG ISLAND ORONO MN 55331 FRED A BRUNTJEN 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 23 0027 K W SAARI ETAL 260 BIG ISLAND ORONO MN 55331 DAVID SAARI 21035 OAK LA GREENWOOD MN 553315 38 23-117-23 23 0028 MICHAEL P DOUGHERTY 220 BIG ISLAND ORONO MN 55331 MICHAEL DOUGHERTY 2535 PARK AVENUE MINNEAPOLIS MN 55404 38 23-117-23 23 0032 SUMMER TAYLOR 200 BIG ISLAND ORONO MN 55331 SUMMER TAYLOR 530 N STUBBS BAY RD ORONO MN 55356 38 23-117-23 23 0033 230 BIG ISLAND LLC 230 BIG ISLAND ORONO MN 55331 230 BIG ISLAND LLC 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 23 0034 J K CHAMPLIN & A R CHAMPLIN 210 BIG ISLAND ORONO MN 55331 JUDSON K CHAMPLIN ALEYA R CHAMPLIN 2643 THOROUGHBRED LN LONG LAKE MN 55356 38 23-117-23 32 0001 NANCY L FARNES 38 ADDRESS UNASSIGNED ORONO MN 00000 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0002 NANCY L FARNES 460 BIG ISLAND ORONO MN 55331 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0010 NANCY L FARNES 460 BIG ISLAND ORONO MN 55331 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0011 NANCY L FARNES 460 BIG ISLAND ORONO MN 55331 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0012 NANCY L FARNES 460 BIG ISLAND ORONO MN 55331 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0018 TED R HANNA JR. 490 BIG ISLAND ORONO MN 55331 TED R HANNA JR. 3331 SHORE DRIVE EXCELSIOR MN 55331 38 23-117-23 32 0019 CURTIS L NELSON 500 BIG ISLAND ORONO MN 55331 CURTIS L NELSON 6462 GRAND VIEW DR EDEN PRAIRIE MN 55346 38 23-117-23 32 0020 FRED A BRUNTJEN 250 BIG ISLAND ORONO MN 55331 FRED A BRUNTJEN 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0023 RICHARD W PARSONS 280 BIG ISLAND ORONO MN 55331 RICHARD W PARSONS 4424 82ND ST W BLOOMINGTON MN 55437 38 23-117-23 32 0044 NANCY FARNES 38 ADDRESS UNASSIGNED ORONO MN 00000 NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0046 NANCY LEE FARNES 460 BIG ISLAND ORONO MN 55331 NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0047 NANCY LEE FARNES 460 BIG ISLAND ORONO MN 55331 NANCY LEE FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0059 W C FINK & G L FINK TRSTE 290 BIG ISLAND ORONO MN 55331 WILLIAM & GLORIA FINK 6512 VALLEY VIEW RD HAMEL MN 55340 38 23-117-23 32 0062 JOSEPH THULL & SARA THULL 480 BIG ISLAND ORONO MN 55331 JOSPEH P THULL SARA J THULL 6872 HIGHOVER DR CHANHASSEN MN 55317 38 23-117-23 32 0064 P C THISS & S K THISS 270 BIG ISLAND ORONO MN 55331 PETER THISS & SUZY THISS 336 LAKE ST EXCELSIOR MN 55331 38 23-117-23 32 0072 CJB REV TRUST 470 BIG ISLAND ORONO MN 55331 CHRISTOPHER J BOLLIS 220 STUBBS BAY RD LONG LAKE MN 55356 38 23-117-23 32 0077 450 BIG ISLAND LLC 450 BIG ISLAND ORONO MN 55331 JEFFREY HORNIG/OLIVIA HORNIG 9 MERILANE AVE EDINA MN 55436 RUN DATE: 03/03/2021 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST)PAGE: 1 38 22-117-23 14 0001 THREE RIVERS PARK DISTRICT 740 BIG ISLAND ORONO MN 55331 THREE RIVERS PARK DISTRICT 3000 XENIUM LA N PLYMOUTH MN 55441 38 22-117-23 14 0003 THREE RIVERS PARK DISTRICT 740 BIG ISLAND ORONO MN 55331 THREE RIVERS PARK DISTRICT 3000 XENIUM LA N PLYMOUTH MN 55441 38 23-117-23 23 0003 FRED A BRUNTJEN 240 BIG ISLAND ORONO MN 55331 FRED A BRUNTJEN 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 23 0004 FRED A BRUNTJEN 240 BIG ISLAND ORONO MN 55331 FRED A BRUNTJEN 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 23 0027 K W SAARI ETAL 260 BIG ISLAND ORONO MN 55331 DAVID SAARI 21035 OAK LA GREENWOOD MN 553315 38 23-117-23 23 0028 MICHAEL P DOUGHERTY 220 BIG ISLAND ORONO MN 55331 MICHAEL DOUGHERTY 2535 PARK AVENUE MINNEAPOLIS MN 55404 38 23-117-23 23 0032 SUMMER TAYLOR 200 BIG ISLAND ORONO MN 55331 SUMMER TAYLOR 530 N STUBBS BAY RD ORONO MN 55356 38 23-117-23 23 0033 230 BIG ISLAND LLC 230 BIG ISLAND ORONO MN 55331 230 BIG ISLAND LLC 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 23 0034 J K CHAMPLIN & A R CHAMPLIN 210 BIG ISLAND ORONO MN 55331 JUDSON K CHAMPLIN ALEYA R CHAMPLIN 2643 THOROUGHBRED LN LONG LAKE MN 55356 38 23-117-23 23 0035 D J O'GARA & K O'GARA 190 BIG ISLAND ORONO MN 55331 DANIEL J O'GARA 1579 BOARDWALK CT ST PAUL MN 55118 38 23-117-23 23 0036 T KOLAR & S KOLAR 180 BIG ISLAND ORONO MN 55331 THOMAS KOLAR SARAH KOLAR 225 YOSEMITE CIR N GOLDEN VALLEY MN 55422 38 23-117-23 32 0001 NANCY L FARNES 38 ADDRESS UNASSIGNED ORONO MN 00000 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0002 NANCY L FARNES 460 BIG ISLAND ORONO MN 55331 NANCY L FARNES 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0018 TED R HANNA JR. 490 BIG ISLAND ORONO MN 55331 TED R HANNA JR. 3331 SHORE DRIVE EXCELSIOR MN 55331 38 23-117-23 32 0019 CURTIS L NELSON 500 BIG ISLAND ORONO MN 55331 CURTIS L NELSON 6462 GRAND VIEW DR EDEN PRAIRIE MN 55346 38 23-117-23 32 0020 FRED A BRUNTJEN 250 BIG ISLAND ORONO MN 55331 FRED A BRUNTJEN 2710 FOXGATE DR MINNETONKA MN 55305 38 23-117-23 32 0023 RICHARD W PARSONS 280 BIG ISLAND ORONO MN 55331 RICHARD W PARSONS 4424 82ND ST W BLOOMINGTON MN 55437 38 23-117-23 32 0027 P KOPFMANN & S HALDEMAN 300 BIG ISLAND ORONO MN 55331 PETER KOPFMANN SAMANTHA HALDEMAN 2011 AMBERG CT CHASKA MN 55318 38 23-117-23 32 0059 W C FINK & G L FINK TRSTE 290 BIG ISLAND ORONO MN 55331 WILLIAM & GLORIA FINK 6512 VALLEY VIEW RD HAMEL MN 55340 38 23-117-23 32 0062 JOSEPH THULL & SARA THULL 480 BIG ISLAND ORONO MN 55331 JOSPEH P THULL SARA J THULL 6872 HIGHOVER DR CHANHASSEN MN 55317 38 23-117-23 32 0064 P C THISS & S K THISS 270 BIG ISLAND ORONO MN 55331 PETER THISS & SUZY THISS 336 LAKE ST EXCELSIOR MN 55331 38 23-117-23 32 0072 CJB REV TRUST 470 BIG ISLAND ORONO MN 55331 CHRISTOPHER J BOLLIS 220 STUBBS BAY RD LONG LAKE MN 55356 He nn epin Co u n ty L oc ate & N o tify Map 480 Bi g Isla nd 0 100 20050 Feet Da te : 2/9 /2 02 1 Buffer Size:500Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us He nn epin Co u n ty L oc ate & N o tify Map Publ ic Hear in g Ci ty C ou n cil Ap r il 1 2 , 20 2 1 0 200 400100 Feet Da te : 3/3 /2 02 1 Buffer Size:500Map Co mm e nts : Th is d ata (i) is furn ish ed 'AS IS' with no represen ta tion as tocompleteness or accuracy; (ii) is fu rn ish ed with n o warra nty of anykind; an d (iii) is n ot suitable for le ga l, eng ineerin g or surve yingpurposes. Hennepin County shall not b e liab le for a ny da ma ge , in ju ryor loss resu lting from this dat a. Fo r mo re inf ormation , co nta ct Hen ne pin Co un ty GI S Off ice300 6th S tree t So uth , Minn ea polis, MN 5 5487 / gis.in fo@h en ne pin.us Dear Ms. Curtis, I am writing to submit additional information and clarity based on further discovery of the existing permits and submitted feedback and concerns from property owners directly impacted by my application. As stated on the first page of my background and context that I submitted with my application. I am hopeful that an amicable and a neighborly solution can be found and still allows me access to my property. I have gained additional historical context on the rarely requested dock permits on this part of the island (I believe two in the last 38+ years). My request and application follow’s similar precedent to the other interior property lot holders who have also requested access to their property and which has been approved. I would like to add some clarifying points and also pose a potential scenario for the council to consider that balances some of the concerns of the most affected parties. As I reviewed feedback submitted by Ms. Farnes and Mr. Bruntjen at 230 Big Island with an existing permit, one of the unusual aspect is the following language within the permit. It states; “Should there be any other another request from an inland property owner to use this site for the installation of a dock to their properties this permit is automatically revoked.” While I do not the know the intent of that language when crafted so long ago, the language seems extremely strong and harsh for any permitted dock holder. Given the harshness of this language, it would seem reasonable to find a solution does not create a win-lose scenario. Existing Dock Permit Dated June 1983 One potential resolution for the council to consider would be to create a new permit where both #480 and #230 are named in the permit, the old permit is retired and we share a dock, each permit holder having a side. This solution is designed so owners at 230 Big Island are not materially impacted, they still retain their permitted dock rights to access their property and allows me access to my property. While this is not the perfect solution it does balance the needs of each party and would work to limit the impact on the existing construct that exists today. As a show of good faith, should this scenario be feasible, I would consider purchasing a dock at my expense if one is not currently available from Ms. Farnes and Mr. Bruntjen. I believe this outcome would be similar in spirt to how the lot owners at #130 and #220 share an access point. Right-of-Way Construction Traffic Concern: As a point of clarity, I am not proposing that this site and right-of-way be used as an access point for construction vehicles. The right-of-way I am requesting would used as a walking path from the dock up the main road everyone currently uses. This path will have no impact on the trees and topography on that right-of-way. Any future construction would use the primary access point on the other side of the island that all other property owners use getting on an off this part of the island. In summary, I hope this clarity’s a few points and provides a scenario for all interested parties to consider. Regards, Joe Thull M:612 812 1280 Joe.Thull@gmail.com