Loading...
6.a) Lake Lane Dispute � �� �� � •��� -`1� ��� � �, U .� �. ✓ SCANDIA Staff Report Date of Meeting: December 1 l, 2012 To: City Council From: Kristina Handt, City Administrator Re: Lake Lane Dispute Agenda Item#: 6.a) Background: The City has been approached a number of times by Neal Hanson and Anna O'Gorman regarding their dispute over the use of Lake Lane. Most recently the issue was addressed by the Council at the September 11`h work session. A copy of those minutes follows: LAKE LANE PARKING ISSUE Mayor Simonson explained that the City has been asked to resolve an on-going parking issue between two neighbors on Bone Lake.Neil Hanson is using the City's lake access, an un-opened city street platted as Lake Lane, as access to his property. The adjacent neighbor, Ms. O'Gorman,has also been using the road as a secondary driveway to her property and wants equal access. Council member Swanson explained her research of state law which allows adjacent owners to dedicated city streets the right to use the road. Last year, at the request of Mr. Hanson, the City posted the road with"No Parking" signs so that he would not be blocked in by parked cars. Mayor Simonson stated that the Watershed is concerned about erosion and run-off into the lake caused by Ms. O'Gorman's vehicles. It was agreed that this is her responsibility and she was advised to take measures to control the erosion by installing pavers. Attorney Stevens advised that an encroachment agreement could be signed among the parties and the city, and then recorded at the County. Council member Swanson stated this appears beyond what is needed and would discourage accruing any additional costs to the City on this issue. It was agreed that a letter be drafted by the City Attorney stating that both parties have equal use of the road for property access, the City will not maintain nor improve the road, and it will be the owners' responsibility to install erosion control measures as recommended by the Watershed. The Council agreed that the"1�To Parking" signs remain in place. Following that meeting Attorney Stevens sent a letter to Mr. Hanson as directed by the Council. A copy of that letter is included in your packet. Mr. Hanson has retained Robert Collins as legal counsel on this issue. In November Mr. Collins sent a letter to Attorney Stevens. A copy is included in your packet. Issue: How should the Council respond to Mr. Collins' November 2, 2012 letter? Proposal Details: In order to cut down on legal fees, staff has drafted a letter to respond to Mr. Collins which basically says our position has not changed since Mr. Stevens' letter. Fiscal Impact: NA Options: The Council should review the letter and provide direction to staff on any changes they'd like to see and then approve having staff send letter to Mr. Collins. September 12, 2012 Anna M. O'Gorman Neal Hanson 23257 Lofton Court North 23255 Lofton Court North Scandia, MN 55073 Scandia, MN 55073 Re: Ciry of Scandia-Lake Lane Dispute Our File No.: 12-S30-TFM Dear Ms. O'Gorman and Mr. Hanson: I am writing on behalf of the City of Scandia with respect to the ongoing dispute over Lake Lane, which is adjacent to your properties. The City Council discussed this matter at a work session on September 11, 2012 and I have been directed to declare the City's official position on Lake Lane. Lake Lane is an unopened city street, and the City has no plans to vacate a street with access to Bone Lake. Therefore, this is a public city street available to both of the adjacent property owners and the public at large. This means everyone has access to this street and a right-of-way exists which precludes encroachment or parking in this area. If an adjacent property owner elects to create their own access to their property from Lake Lane,they must make necessary improvements at their own expense to eliminate the possibility of erosion. Any improvements must satisfy the City's maintenance superintendant, any other governmental entity, and comply with all city ordinances, state laws, and environmental regulations. Importantly, the City will not be responsible for maintaining a private access and will not be liable for any future claims against the City for damage caused by the City's maintenance of the city road or public properiy (such as the culvert). In other words, if the property owners undertake private improvements to create access from Lake Lane, they are waiving and releasing all claims against the City. I hope this declaration provides clarity to the ongoing dispute and the neighbors can co-exist more peacefully. If you have any questions or concerns about this matter, please feel free to contact me or the City Administrator. Very truly yours, MILLER& STEVENS,P.A. J. Vincent Stevens C3REI0 R. TE!3N[St G. COUATLAND BORLP RUHER7 H. COLLI\S�$ TENNIS AND COLLINS, P.A. Aitorneys at J..aw Rea/Esfote • Estatr Plonn�ng • Probate • Buaineas • Lrtigation • Afediotion I 20 LAK� STREET NORTII • SU1TE 202 • TOV�'K SQUARE • FOREST LAKE, VIINNESOTA 55045-2511 TELEPIiONE 651.464.7400 www.tennisandcollins.com FAX 651.464.l090 November 2,2012 Mr. Vince 5tevens Miller and Stevens,PA 26357 Forest Boulevard, Suite 6 P.O. Box 807 Wyoming,MN 55092 Re: Neal Hanson—23255 LoRon Court North, Scandia,MN Dear Mr..Stevans, As we've discussed, our firm represents Neal Hanson. Mr. Hanson owns the property at 23255 Lofton Court North in Scandia. I am in receipt of a copy of your letter dated September 12, 2012 to Mr. Hanson and his neighbor, Anna M. O'Gorman. As you might be aware,Mr. Hanson was awarded a Variance regazding his property,a copy of which is enclosed herewith. Mr. Hanson has requested that I contact you to reyuest reassurances from the City of Scandia concerning that portion of Lake Lane that adjvins the Hanson and O'Gorman Properties. As you know, that portion of Lake Lane is currently unimproved without municipal improvements, hat does have an access driveway that Mr. Hanson is using to access his property. The reassurances he's looking for include an acknowledgment that in the event that portion of Lake Lane is improved,Mr. Hanson could continue to access his property where he currently does. The reason for the request is that Mr. Hanson has invested, and intends to continue to invest, in improvements on his property that necessarily use the Lake Lane access as the primary access to his property. Having to re-route t� Lofton Court North would cause considerable expense and hazdship to Mr.Hanson. Therefore, would you please take a faw minutes with the City to discuss if the City would be willing to acluiowledge that in the event that Lake Lane is improved in the future with municipal improvements, that the owner of 23255 Lofton Court North could continue to access said propeny at the location of the current access Mr. Hanson is using. Thank you for your consideration. Re 11 7 , ��� ltobert H. Collins RHC:Irb Cc: Neal Hanson +REAL PROPERIY LAW SPECIALIST,CERTIFIED BY TEiE MI[�1NESOTA STATE BAR ASS(lClATION $QUALIFIED NEUTRAL UNllER RLn.E 114 OF THE MIN\ESOTA GENERAL RUI.ES OF PRACTICE grtonni��tcnnisandcollins com gcborleiatenni:andcollina.com nc�ollins(dtennieandcollins.00m � I hereby certify that the Attached 4rder is a true and correct copy of the Findings of Fact and Order issued by the Washa.ngton County Board of Adjustrnent and Appeals on January 27, 1998 iin response to the variance appiicarion of Neal Hanson. Dated: February 11, 1998 . � DENNIS C. O'DO LL LAND USE SPECIALIST � STATE OF MINNFSOTA WASHINGTON COUNTY BOARD COUNTY OF WASHINGTON OF ADNS'IZvLENT AND APPEALS In the Matter af the Variance Request of: Neal Hanson FINDINGS OF FACT, • CONCLUSIONS OF LAW AND � ORDER. GRANTIIVG VA,RIANCE Applicant. This matter came on for heazing on December 18, 1997 before the Washington County Board of Adjustment and Appeals on application for variance of Neal�ianson. Applicant, Neal Hanson appeared personally. Also present were Dennis O'Donneli, Senior Land Use Specialist, Howard R. Turrentine and Meredeth Magers, Assistant Washington County Attorneys and Laurel Janisch, Recording Secrctary. Board members Abby Grenfell, Brian McGinnis, Art Potts and Harry Melander were present. Board member Mary Senkus was absent. Having revieweti the evidence, heard ihe arguments of the parties and being otherwise advised in the premises, the Board makes the following: , FINDINGS UF FACT 1. Applicant owns property legally described as Lot 12 of the Sandgren Addition, New Scandia Township, as more particuIarly described on the attached Exhibit A. The property has frontage on Bone Lake, a recreational development lake within the meaning of Section 5.3(2) of the Washington County Shoreland Management Ordinance. 2. The property is presently improved with a 32 x 24 foot, single story home with a walk out basement and a 20 x 22 foot detached garage. Tt is used on a year around basis. The property is located on the wesi side of Bone Lake. 3. Applicant seeks to remove the detached garage and requests the following variances to construct a 20 foot addition to the north side of the house, an attached garage on the rear or west side of the home and a 10 foof porch on the lake or east side of the home: Lot Size - 1.5 acres or 6{l percent (39,204 sqaare feet) required (Secdon� 7,1(I) Washington County Shoreland Management Ordinance) - The existing parcel is 21,618 square � � feet. � Lake Setback - 100 feet required (S�ction 7.4(1) Washington County Shorelarid Management Ordinance) - The closest point of the addition to the lake will he 64 feet. 4. The property slopes from the road ta the Iake and the existing garage is higher in elevation than ttte existing home. The addition will be set back further from the lake than the existing structure and the porch is a lateral extension to an existing deck on the front of the house. 5. The additional living space is necessary to provide applicant with the utility and mechanical space necessary to eliminate a recurring mold and mildew problem due to We lack of a pmper heating and ventilating system. 6. The porch encroachment is due to the fact that the shoreline af the lake swings back towards the home. 7. The roof height of the addition will be 3.5 feet higher than the peak of the existing roof, but will be lower in elevation than the existing garage. 8. lfiere is adequate space for a primary and sacondary septic system and no trees will need to be removed as part of the construction. By removing the detached garage and constructing an attached garage, applicant will have additionai area for a backup septic sysiem. Based on the foregoing, the Board makes the foliowing: ' CONCLUSIONS OF LAW Applicant has estabiished a hardship within the meaning of the Washington County Zoning 4rdinance and Washington County Shoreland Management Ordinance. ORDER Based on the foregoing, the Boazd orders that the variance requests of Neal Hanson to construct a 2Q foot addition to the north side of the house, an attached garage on the reaz or west side of the home and a I� foot porch on the lake or east side of the home according to the plans� submitted to the Department of Heatth, Environment and Land Management is granted on the following conditions: (1) That the existing deiached garage be removed during construction; {2) silt fence be properly instalied around the limits of construction; (3) grading, landscaping and soil erosion control measures are to be reviewed and approved by the Washington Soil and Water Conservation District; (4) a�l work is to be done in accordartce with the plans submitted 2 .. � with the variance application. Dated tt�is � day of �`� , 1998. WASHINGTON COUNTY BOARD QF ADNSTMENT AND APPEALS � B � Harry , cting Chair This instrument drafted by: Howard R. Turrentine Assistani Washington County Attorney Washington County Government Center Siillwater, Minnesota 55082 (612) 430-61.15 3 � Exhibit "A" Variance Request of Nea!Hanson Parcel#917I5-2$00 -- GeoCode#OS-032-20-43-0018 Lot_12,.Sandgzen Addition _ Section O5, Townshi.p 32 North,Range 20 West New Scandia Townslup, Washington County,Minriesota � December 6, 2012 Mr. Robert Collins �'= Tennis and Collins, PA 20 Lake Street North, Suite 202 Forest Lake, MN 55025 ; �„t �� �fi � .,•� �: ' Dear Mr. Collins, We are in receipt of the letter you sent Mr.Vince Stevens dated November 2, 2012. The City of Scandia intends to follow all applicable laws, ordinances and procedures as they relate to public rights of way. As such we will not guarantee Mr. Hanson anything above and beyond this. As Mr. Stevens previously noted,the City will not be responsible for maintaining a private access and will not be liable for any future claims against the City for damage caused by the City's maintenance of the city road or public prop.erty. Mr. Hanson should bear this in mind as he makes investments in his property. �.x; ,.: I hope this clarifies the City's position with regard to Mr. Hanson's dispute with his neighbor and the use of Lake Lane. Sincerely, Kristina Handt .� h� Administrator,City of Scandia�"