HomeMy WebLinkAbout#1666 public commentAlex & Dianne Jentilucci
P.O. Box 27
1295 Briar Street
Crystal Bay, MN 55323
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July 25, 1991
To: Ms, Jeanne A. Mabusth, Building & Zoning Administrator fJUL 6
Members of Orono City Council A 10 � -
Subject: Michael Hilbelink Application #1666 Variance Renewal for 2180 Prospect Avenue
Dear Ms. Mabusth and Orono City Council:
This letter is to document the concerns we have regarding certain provisions of the above
mentioned variance renewal application. We wish to thank you very much for removing this
matter from the consent agenda of the Council meeting of July 22, 1991, and for hearing our
concerns regarding this matter. The Council and staff have done a great job resolving drainage
problems along our southern property line. We wish to insure that work is not lost due to
"technicalities".
A. The original variance #1502 was approved by Council resolution #2839 and contained
specific wording that was not carried forward to the new resolution. The specific wording
appeared in resolution #2839, condition #6, page 3 of 5, as follows:
Applicant shall maintain erosion control on his property throughout construction
to prevent any restriction of drainage system along northern border of property. The
existing drainage swale within the northern boundaries of the property shall not be
moved further north so as to further encroach into the immediately adjacent property to
the north.
This wording should be included in the new resolution in order to maintain the intent of condition
V. imposed upon the original variance approval #2839.
B. It appears that the position of the existing drainage swale referenced in "A" above is
not indicated in any document in the City's possession. The words in "A" above are not
meaningful without a documented location of the swale. Perhaps this has already been done,
and we are not aware of it. If so, we would appreciate receiving a copy of such documentation or
survey for our records.
C. We have recently become aware that Mr. Hilbelink is not the owner of the property,
nor is he empowered to sign legal documents on behalf of the owner. We have concerns
regarding the legality of recorded documents because they show Mr. Hilbelink as owner of the
property. His letter to the Council indicates, however, that he is not the owner. The easements
granted pursuant to resolution #2839 are of particular concern to us. We wonder how a party can
grant easements on a property that he does not own at the time of execution of the document.
Perhaps the City Attorney could shed some light on this question.
D. When a valid easement is obtained, we wish to receive a copy of it for our records.
We also would like to reiterate that the easement along the northern border of the property
should be 15' as required in condition #5, of resolution #2839.
Resp ctfully submitted,
/A"