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Home My WebLink Aboutre: encroachment permit - 2010 � , ��" ARLO H. VANDE VEGTE, P.A. ATTORNEY AND COUNSELOR AT LAW 12800 INDUSTRIAL PARK BLVD. SUITE 21 O PLYMOUTH, MN 55441-3929 PHONE: 952-475-2219 FAX: 763-450-1 555 EMAIL: vande74@earthlink.net RECE�o Apri19, 2010 APR � Z2010 .._.. Evel Turner � OFOR�N� Yn City Planner City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 RE: Encroachment Permit for 3508 Ivy Lane Dear Ms. Turner: Please allow me to introduce myself as attorney for Stephen B.Wilson,one of the fee owners of the above-captioned property. I do not represent Pamela Wilson as the parties are pending dissolution of their marriage and she is separately represented. However, I am confident that her counsel, Mr. Brian Sobol, is in complete agreement with Mr. Wilson's position on this matter. I am responding,on my client's behalf,to the e-mail that you provided to Paul Lazson on April 8, 2010 [copy attached]. In that regard I am uncertain as to what has occurred respecting an "encroachment permit" but I can advise that the law of city rights of way ordinarily does not contemplate the need for city permission to make improvements upon rights of way that are in disuse. It is a commonly held misconception that the city owns title to a platted right of way. It does not.The Minnesota courts have consistently held that"...any abutting landowner owns to the middle of the platted street or alley and that the soil and appurtenances,within the limits of such street or alley,belong to the owner in fee, subject only to the right of the public to use or remove the same for the purpose o�improvement." Kochevar v. City of Gilbert, 273 Minn. 274, 141 N.W.2d 24 (1966); see also Foote v. City of CrosbY, 306 N.W.2d 883 (Minn. 1981) and Pederson v. Citv of Rushford, 146 Minn. 133, 177 N.W. 943 (1920). Minnesota.case law,then,grants the abutting property owner fee title to rights of way to their centerline and,limited only by the city's prior right of usage,may make improvements upon them. To the extent that such improvements impede the public use,such as where a retaining wall is placed in an area where the public actually travels,the city may demand removal. Otherwise, it cannot. Board Certified as a Crvil Trial Specialist by the Minnesota State Bar Association 1 • t � Here,the city makes little,if any,use of the right of way. You contend that it has been used "...as a drainage way"but I am unaware of any improvements the city has made for this purpose or in which way the improvements you want removed might impede the drainage. Accordingly, it is my opinion that the fee owners of 3508 Ivy Place do not need an encroachment agreement to maintain improvements on a right of way that is in disuse. Thank you for your attention to this matter. Very y urs, / _.� o H. an e Vegte AVV/jlh L cc: Stephen B. Wilson Brian Sobol, Esq. Kelle Bowe Paul Larson 04/09/20�0 14:45 IFAX i EFAX �001/002 ` - , Ap r'. $. 2410 2,42PM No, 2070 P. 1/2 k ag� i �t 1 � Larson, Paui W � . Fram: Evelyn M.Tumer[ETumerQci.orono.mn.u$J Sen� Thursday,April 08,2010 2:21 PM To: Larson, Paul W . Subject:�ncroachment Permit for 3508 Ivy Place , Paul: The City Attoxney is fine with an cncroachmcnt agrecmez�t. But staff�nrill . support it only if tk�e following items are removed from tlle nigh,t of way: the shed, the concret� [patio) adjace�.t to the sautheast corncr of the house, the steps and sidewatk between this patio and the driveway, the garbage can storage area, th� paxkingjdriveway area opposite the garage except as needed to back up and exit the dxiveway facing forarard, the west parking spaces as well as any hardcover southerly af the driveway that isn't shoam on the survey. The right of way is used as a dxaina.ge way. There have b�en issues in the past with the property owners about interfering with th�s drainage. ' Let me l�ow i£this�vvould be generally acceptable to tk�e parties invalved. Y will �hen get a scalable copy of tk�,e suz�v�ey from Gronberg and sketch out �tie driveway. Evelyn Evelyn Turner . � Gty Pianner C,ty of Orono 952-249�46Z3 ' 952-249-4616(fdx) 4/8/1010 f O � ' � �. CERTiFICATE OF SURYEY FOR S'�EPH�N B. 8e PA�I�IELA '�V'ILSt3N Q� .• �`�' OF LOT 183 & PART OF LO'� 182, TAYLOR� SUBDIVLSIOI�i OF SPRIAIG PARK LOTS � . - HENNEPIN COUNTY, MINI+[ESOTA , � . �-- � N _ � LAK� � __ �� W � �.0''�9 �s �� MI�NET(JNKA * '�s�°�"sr'++�i::., �d \r2 . . ""� �1• � �;s�(cut�j� �o ZO o 74 �U � '��\"yO , . . .�'� ��,� � CARMANS BAY . • L�T 182 � � SCAIE 11'1 FEE T _ �� i 1C� `�� \��1 ' � LOT ��.� s +' EXIST^�+IG'.•� • �\� ,�V � � 4 '/'�� s'O�SE} �� TBM•Y � .�o «, � ,v � 5= � J� c . r�g9 � ~ � „�r S.y r o� �82g8 . . L ..�. � �� .� ''�'�• ''s � � s* ��tiCv � ee++actar �«• � 4��2�Op��,..— �ti ��i� � aa�.wxr � S . i / = i� 1 �� . � �01�'a�� W �� i o�52 3p� i �' � T �7 �y� � i �� 39•��r, y 1� j 1 LECAL DE9CRPf10N OF WiEMISES: 1 � �c �ea Q,a!r. s�ta...�.�y wr �e � �ez. � TAYLORS� SUYOIYISION OF SI+R/,IG P�qC LOTS 1 � o: eenote� ksn worNot s�t ti � �m� 1 •� dewl�s ka aixwr Www � • F3eoriqps Mao�u�ata 6wed Wa� aw �aarrod dat�wn cr • x d- t " TAw� wrwy slwxa Wr iws�f�ri�a�f [M a�w�� d��r,rib/ pFap�rt . ��V tlN�DCI��It� AYY��q i�p�q� �"'� a�d the lawllo�of d wWfe ' as•� �b��iro. t�pyr+�pi�� arr" Ihr��Nw q �ws rt �Q prrport la cLa�r wry� olYr i�M+a�w+�e�4s u Mor�oWrarla �� ..O ��' � �"" ""�' GRaNBERG & ASSOCIATES, IPIC. :,�«�,, "��,,,,,-�,�,"'�."�"` �•-� o� OON311LTliVG SNCINHBR9.LAND SiJRYEYQRS,de SIT6 PLANN1�t8 �••N w ai.n.��r � �� O .w ��5 iJf7RAi NLL107r OpNE,LONG LA%�LN.55356 N `- Q 0.52-47]-�1141 M,�j � Nrk S R Ifw�wN Lk�/�7W�iM q76i �Q IFOf7 O � ' REQUEST FOR ZONING INFORMATION CP File No. Please complete this form by and return it to: Commercial Partners Title, LLC 200 S. 6th St., Suite 1300 Minneapolis, MN 55402 Subject Property: 1420 Bohns Point Road Legal Description: Attached Tax ID Number: 09-117-23-33-0003 Current Use of Property: Single-family dwelling with guest house 1. The current zoning classification for the subject property is: _LR-1B 2. Permitted uses included within that zoning classification are: Sin�le-familv dwellings,Public parks and playgrounds , and municipal buildin�s 3. There are a e not �Circle One a lications filed for the ro ert ie. S ecial Use �-_ ) PP P P Y�� P Permits, Conditional Use Permits, Variances, etc.) 4. The use of the property, as described above is: Yes No a. Permitted X b. Conditional(Explain) X c. Nonconforming(Explain) _X_ 5. There are records in the City files of unsatisfied zoning violations. X (If Yes,please explain) 6. Have variances been granted for the Property. (If Yes,please explain) X 7. Parking is in conformance with zoning requirements. X (If No,please explain) 8. Flood Insurance Rate Map (FIRM) Property is in zones X and AE Communiry Panel No. _27053C0303 Dated 9/2/04 9. Comments: _4(c)• It a�pears there is no conditional use permit far the �uest house. _8._The propertv is lakeshore property. A sinall area near the lake is flood plain. The house is not in the floodplain. This information was researched by the undersigned, on request,as a public service. The undersigned certifies that the above information in paragraphs 1-9 is believed to be accurate based on or relating to the information supplied, however,neither the undersigned nor the City assumes liability for errors and omissions. All information was obtained from ublic records which may be inspected during regular business hours. � City Planner, City of Orono 4/12/2010 v urner Title Date � REQUEST FOR ZONING INFORMATION CP File No. Please complete this form by and return it to: Commercial Partners Title, LLC 200 S. 6th St., Suite 1300 Minneapolis, MN 55402 Subject Property: 3265 North Share Drive, Orono MN Legal Description: Attached Tax ID Number: 09-117-23-33-0002 Current Use of Property: Vacant 1. The current zoning classification for the subject property is: _LR-1B_ 2. Permitted uses included within that zoning classification are: Sin�le-familv dwellings, Public parks and play�rounds , and municipal buildings 3. There are are not Circle One) applications filed far the property(ie. Special Use Permits, Conditional Use Permits, Variances, etc.) 4. The use of the property, as described above is: Yes No a. Permitted b. Conditional (Explain) c. Nonconforming(Explain) 5. There are records in the City files of unsatisfied zoning violations. X (If Yes,please explain) 6. Have variances been granted for the Property. (If Yes, please explain) X 7. Parking is in conformance with zoning requirements. (If No,please explain) 8. Flood Insurance Rate Map (FIRM) Property is in zones X and AE Coinmunity Panel No. _27053C0303 Dated 9/2/04 9. Comments: _(4�7) Property is vacant._8._The property is lakeshore property. A small area near the lake is flood plain. There is more than adequate room for a house outside the floodplain This information was researched by the undersigned, on request,as a public service. The undersigned certifies that the above information in paragraphs 1-9 is believed to be accurate based on or relating to the information supplied, however,neither the undersigned nor the City assumes liability for errors and omissions.All information was obtained from ublic records which may be inspected during regular business hours. City Planner, City of Orono 4/12/2010 E Turner Title Date