HomeMy WebLinkAboutRe: tax forfeit property Aug 02 05 02:09p Mr. Olson 952-935-2680 p.1
Pam
TO: Mr. Michael Gaffron — Planning Director, Orono
FROM: Craig Olson
4775 Nbrth Shore Drive
Orono, MN 55365
DATE: August 2, 2005
RE: Property at 4795 North Shore Drive
Dear Michael,
My wife and I recently purchased our home at 4775 North Shore
Drive and are looking forward to living here in Orono. I have been
examining the survey and plat map and would like to talk with you
regarding the Tax Forfeited property (4795 North Shore Drive)
adjacent to ours. I am very interested in discussing with you how
we might purchase this parcel. I have included a plat map from the
Hennepin County website for your review. It is my understanding
that the neighbor to the west of us (4801 North Shore Drive) was
able to vacate the Minnetrista side of the County Road 19
extension. I would also like to see if is possible to purchase the
remaining half on the Orono side (marked "B"). Access to our
home from North Shore Drive is currently through an easement
through our neighbor's property and this might be a way to relieve
them of that easement. I am very interested in hearing your
thoughts on the matter and look forward to talking with you.
Sincerely,
Craig Olson 3 5
�Z, 9
Aug 02 05 02:09p Mr. Olson 952-935-2580 p.2
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Click for detailed information on this parcel
Property ID Approximate Property Approximate Property
Perimeter Area
07-417-23.32-0022 567 ft 19,200 sq.fL a 0.44 scras
Property Address Market Value Total Tax(20051
4775 NORTH SHORE DR ORONO,MN 5573,000 94,039.88
38364
The data contained on this page are derived from a compilation of records and m
that can only be disclosed by an accurate survey performed by a licensed land SL
(square footage and acres) are approximates and may contain discrepancies. Tht
used for reference purposes only. Hennepin County does not guarantee the accul
Is not responsible for any misuse or misrepresentation of this information or Its d
Please report any map discrepancies to the Hennepin County Survey Division via
Su.rvey_or.Ma sgco.hennepin.mn,l�s
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h4://wwwl3.co.hennepin.mn..../default.aspx?PID=071172332002 8/2/2005
'r""ITY®f ORONO
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Street Address: Mailing Address:
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50 Kelley Parkway P.O. Box 66
----= Orono, MN 55356 Crystal Bay, MN 55323.0066
August 12, 2005
Craig Olson
4775 North Shore Drive
Orono MN, 55365
Re: 4795 North Shore Drive &Adjacent 33' Right-of-way
Dear Mr. Olson:
To follow up our recent phone conversation regarding your request of August 2, the City
is not interested in releasing for private acquisition the tax-forfeited property at 4795
North Shore Drive, nor in vacating the 33' extended right-of-way along the west
boundary of that property, for the following reasons:
1. The 33' dedicated right-of-way leads from County Rd. 19 to Lake Minnetonka.
Hennepin County may have some legal interest in this right-of-way. The
Department of Natural Resources adamantly opposes the vacation of such rights-
of-way. The Orono 2000-2020 Community Management Plan (CMP) indicates it
is not appropriate for the City to give up its extremely limited public lakeshore
properties.
2. City ordinances (Zoning Code Section 78-9, attached) only allow abutting
landowners to petition for a street vacation. Because your property does not abut
the right-of-way you wish to have vacated, you are not eligible to be a petitioner
for such a vacation.
3. 4795 Shoreline was obtained by the City via tax forfeiture in 1970 for the
purpose of"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.
4. The right-of-way and the tax-forfeited parcel potentially now serve or may in the
future serve a variety of public functions, including but not limited to:
- Walking access to the lake for use by area residents
- Utility corridor
- Public open space
- Stormwater drainage corridor
- etc.
Telephone(952)249-4600 o Fax(952)249-4616
www.cLorono.nnn.us
Craig Olson
August 12, 2005
Page 2
With regards to eliminating your shared driveway access, if you were to convince the
City that the existing access is unsafe and that a new access making use of a portion of
the City property was the only safe solution, and if Hennepin County Transportation
concurred, I can envision the City considering a driveway easement over the City parcels,
but this would not give you additional lot area credit for hardcover or setback purposes.
There is no application you are eligible to make that will result in the transfer of the
ownership of this property to you. The City has no interest in transferring this property to
private ownership. I am attaching the City ordinances regarding street vacation, as well as
the excerpt from the CMP dealing with public lake access properties. If you have further
questions,please feel free to contact me at 952-249-4600.
Sincerely,
y=fes. d 4
Michael P. Gaffron
Planning Director
enc.
cc: Ron Moorse, City Administrator
Grge Gappa,Public Services Director
ZONING REGULATIONS § 78-41
(11) Prescribing penalties for the violation of for the purpose of establishing open space adja-
the provisions of this chapter. cent to the street and which area is designated on
(Code 1984, § 10.01((1), (2))) the recorded plat as boulevard reserve.
(Code 1984, § 10.12)
State law reference—Vacating utility easements or bou-
levard reserves, Minn. Stat. §462.358, subd. 7.
In their interpretation and application, the
provisions of this chapter shall be held to be the Secs. 78-10-78-40. Reserved.
minimum requirements for the promotion of the
public health, safety, morals and welfare.
(Code 1984, § 10.03(1)) ARTICLE II. ADMINISTRATION AND
ENFORCEMENT'S
Sec. 78-7. More restrictive provisions to ap-
ply. DIVISION 1. GENERALLY
Where the conditions imposed by any provision
of this chapter are either more restrictive or less Sec. 78-41. Zoning administrator.
restrictive than comparable conditions imposed
by any other law, Code provision, statute, resolu-
tion or regulation of any kind, the regulations enforced by the zoning administrator, who shall
which are more restrictive or which impose higher be appointed by the council.
standards or requirements shall prevail.
(Code 1984, § 10.03(2)) (b) The zoning administrator also shall:
(1) Determine that all building permits com-
Sec. 78-8. Prohibitions. ply with this chapter;
It is unlawful to convert, enlarge, reconstruct (2) Issue all zoning occupancy certificates and
or alter any structure or use any structure or land make and maintain records;
for any purpose nor in any manner which is not in
conformity with this chapter. (3) Conduct inspections of buildings and use
(Code 1 sty § h this c of land to determine compliance with the
terms of this chapter;
Sec. 78-9. Vacation of streets,alleys and pub- (4) Maintain permanent and current records
lic grounds. of this chapter, including but not limited
to all snaps, amendments and special uses,
Vacation of streets, alleys and public grounds variances, appeals and applications;
shall follow the procedures set forth in this chap-
ter; except that such vacation shall require a (5) Receive, file and forward all applications
petition by a majority of the landowners abutting for appeals, amendments, variances, spe-
the property to be vacated, and a hearing pre- cial uses or other matters to the desig-
ceded by two weeks' published and posted notice, hated official bodies;
all as required by Minn. Stat. § 412.851. The
council may vacate any publicly owned utility 10> Institute in the name of the city any
easement or boulevard reserve which is not being appropriate actions or proceedings against
used for sewer, drainage, electric, telegraph, tele- a violator as provided by law; and
phone, gas and steam purposes or for boulevard (7) Serve as an ex officio nonvoting member
reserve purposes,in the same manner as vacation of the planning commission.
proceedings are conducted for streets, alleys and Code 1931, § 10.06(1), (2))
other public ways. A boulevard reserve means an
easement established adjacent to a dedicated street "Cross reference—Administration, ch. 3.
CD78:21
CMP Part 4A 'l:ransportatign Plan
LAKE ACCESS PRESER VA TION AND MANAGEMENT
With more than 40 miles of Lake Minnetonka shoreline and nearly 5 miles
of additional lake shorelines, Orono's lakes provide a significant
recreational resource for all Orono residents, not just for those who own
property abutting the lakes. This value was long ago realized by the City
fathers, as well as by early land developers. In order to provide lake access
for the general public, as well as to provide for fire department access to
the lake as a water source, a number of lake access corridors were created
as the shoreland developed. These typically are platted, dedicated right-of-
ways leading from the local road system to the shoreline, and are
commonly from 16'to 66' in width.
The historic level of use of these right-of-ways (sometimes referred to as
"fire lanes" or "lake access roads") ranges from minimal to year-round.
Certain of these corridors have been maintained by the City for local
swimming beaches or as winter snowmobile and ice-fishing accesses.
Certain accesses are provided with docks for fishing, and some have ramp
areas suitable for launching a small boat. However, most do not have
designated parking available, and are primarily intended to serve the
neighborhood rather than the general public. A number of these access
corridors have steep topography and experience a relatively low level of
usage.
The value of these corridors to the general public both now and in the
future is too great to be measured. While an access corridor or fire lane
may appear to an adjacent landowner as abandoned, there may well be a
future public need for that corridor that may not be obvious today. The
Minnesota Supreme Court in 1944 (Application of Baldwin, et al No.
33721 for vacation of a platted dedicated lake access road) upheld the
value of retaining the public's right to access the lake. In an excerpt from
the findings of the Court:
66781s court requires no proof that Lake Minnetonka is a priceless heritage of the people of Minnesota, to be
preserved and passed on to posterity. Judicial notice will betaken of the fact that it is one of the most precious
jewels in the string of Ten Thousand Lakes of which Minnesota is so justly proud... Because of its wide expanse
and proximity to our metropolitan areas, it is much frequented and used for boating,fishing,picnicking and
bathing -perhaps more than any other lake in the state. Its shore line of nearly 100 miles is dotted with
permanent homes and summer cottages, not only at its waters edge,but extending far back front the shore. But
the use of the lake is not confined to dwellers on its shore or nearby. During the sununer season especially, it is
the mecca for thousands upon thousands of urbanites, not so fortunate as to possess a lake home, who-young
and old alike-seek its shores and waters for diverse recreational purposes. To those who do not indulge in active
recreation, it affords the opportunity of communing with nature at its best. With the increase in the permanent
City of Orono Community Management Plan Page 4A-32
C6.. ')Ann
CMP Part 4A Transportation Plan
takepopulation,however,the extent of lakeshore available to thepublic generally and the means ofpublic access
to the lake have diminished and therefore become increasingly valuable from year to year...we must not forget
that the public includes persons other than those in the immediate vicinity. The general public has a true
concern in the recreational facilities offered by lite lakes which nature has so freely given us in this state. Their
generous sharing by all willmake for a healthier and happier people. The many not fortunate enough to be able
to acquire the advantages of ownership of lake shore properties should not be deprived of these benefits. This we
would do if we permitted streets leading to the lakesh ore to be vacated..
"The loss to the public of 150 feet of shoreline out of a total of approximately 100 miles may to the Baldwins
seen:inconsequential or even utftnitesimal and nothing to be disturbed about But,of this 100 miles of precious
shoreline, only a smallfraction has been reserved for the public;and if lite courts should create a precedent by
permitting a single inroad,However small, upon the public's share of the shoreline, other inroads will inevitably
follow,until the aggregate becomes areal threat to the public's free access to the lake. To avoid any possibility of
such a result, the courts should with equal vigor repulse the first, the second, and every other assault upon the
public domain."
Less than 1%of Orono's lake shoreline has been dedicated as public access
corridors. Nearly all the rest is privately owned, and not available to the
public for lake access purposes, save for the DNR Maxwell Bay Access,
Hennepin County's North Arm Access and the City's Summit Park on
Long Lake. Hennepin County's Noerenberg Gardens Memorial Park,
while abutting Lake Minnetonka,has deed restrictions that disallow use for
docking or launching boats. With shoreland abutting a dozen separate bays
in Lake Minnetonka, Orono has a commitment to maintaining access via
the dedicated access corridors.
Lake Access Policies
It is the City's intent to permanently retain for public use all existing lake
access corridors and fire lanes, regardless of the current level of use or
maintenance. To this end,the City will follow these policies:
1. Requests for vacation of dedicated lake access right-of-ways will be
denied in all cases except where equal or better lake access will be
granted nearby in return.
2. The City will identify and take necessary action to preserve the
public's right to use of any such accesses which exist but which
may not have been formally dedicated.
3. The City will endeavor to work with property owners adjacent to
lake access corridors to ensure that both the rights of the public and
the rights of the private landowner are upheld.
Orono's lake accesses are enumerated in Table 4A-6.
City of Orono Community Management Plan Page 4A-33
September 2000
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23 Forest Lake Landing 7-N' 4415/4440 60'wide platted road,access not developed,walking use only
24 Ehnwrood Avenue 7-N South of 1199 20'wide platted road/alley leading to shoreline
25 "Summit Avenue"(Extension 7-S 1067/1101 50'wide platted road to shoreline
of Elmwood Avenue)
26 "Buff Street" 7-S West side of 50'wide platted road to shoreline,not developed
1453 Park Dr
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!Nest Arm Bay
27 North ' ? , .. .. . .._..t, ,::.... <. ,� ..;..
33'platted corridor extension of Co.Rd. 19 plus tax-forfeited Lot 10,Block 6,
Shore Drive west end 7-S "4795"
(adjacent to Oro
Shoreline "Bergquist and Wicklund's Park...';undeveloped corridor primarily for drainage
border) purposes due to very steep slopes
28 North Shore Drive at"Adams 7-S 4731/4745 40'platted road extension in plat of"Berg
quist and Wicklund's Park..."
Street" Extension
29 Rest Point Lane 7-S 1340/1345 33'platted corridor
30 Rest Point Road 7-S 1405/1410 16'platted road widens to about 40'at shoreline
3 I Orchard Beach Place 7-S West of 1530 50'platted road extends to shoreline;tree growth limits vehicular access
32 Highwood Lane Extension 7-S 4156/4167 20'platted alley to shoreline;steep slope to shoreline
Highwood Rd
33 Ilighwood Road Alley 7-S 4051/4075 20'platted alley to shoreline
34 Corral Road Extension 17-N 1785/1825 20'platted alley mainly for drainage but also walking access
Concordia
35 Fagerness Point Accretions 18-N Across from Accretions to the 40'originally platted road in the plat of"Eagerness';this are is
1965/1985 mostly unclaimed but a number of title registrations may result in dedicated
Fagemess Pt Rd right-of-way no longer abutting shoreline
Spring Park Bay
36 Casco Point Beach 20-5 2871/2879 Swimming 60'wide platted road("Carman St")used as a City swimming beach
Casco Pt Rd Beach
le
37 Casco Circle 20-5 3195/3205 60'wide platted road to shoreline at the south side of Casco Circ
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