3. Staff Report-Eginton Strucutres
Staff Report
Date of Meeting: October 1, 2014
To: City Council
From: Kristina Handt, Administrator
Re: Eginton Structures
Background:
At the September 16, 2014 public hearing on vacating 2nd Street, the issue of Mr. Eginton’s
garage structure in the right of way of 2nd St. was brought up. If the Council moves forward with
the vacation of 2nd St., as a function of law half of the road goes to each abutting property owner.
This would result in Mr. Eginton’s structures being partially on Mr. McGinley’s property. The
2nd Street vacation was tabled until the Eginton structures could be addressed.
Staff reviewed the property file for Mr. Eginton’s parcel 16930 197th St and contacted the DNR,
National Park Service, Washington County Planner and former Township Attorney Dave Hebert.
Will Eginton approached City Attorney Vivian after the last Council meeting and said the road
had already been vacated and adjudicated and he had building permits. He was asked to provide
copies. Mr. Eginton was invited to attend this meeting and again asked to provide copies of
documentation of building permits or the prior vacation of 2nd Street. At this time, Mr. Eginton
has provided no such documentation.
When staff reviewed the property file, no building permits for the garage or shed structures were
present. Mr. Eginton was given a variance in 1988 to add on to the cabin. A survey was
contained in the file and received from the DNR. Copy is in your packet.
National Park Services records by the appraiser, Gerald McKinzie, in 1988 describes three
additional structures at the rear behind the guest house and the main house on the river. It shows
a frame storage shed ( 10'x8'2") an old frame shed in poor condition (20'6" x 10'3") and a two car
frame garage with overhead door (22'4" x 22'2").
In 1990 Township Attorney Hebert sent two letters to Mr. Eginton following complaints received
from an attorney representing citizens concerned about the tanks and piping Mr. Eginton had
installed in the right of way. Copies of the letters are included in your packet. At the October 16,
1990 town board meeting the following motion was made:
When I contacted Attorney Hebert he said that the town board was made aware of and found on
a site visit to the property in 1990 that there was a tank and pipes installed to create a water
feature over Mr. Eginton’s property. It was removed by the township at the time. Mr. Hebert is
quite certain that 2nd St had never been vacated. The garage and structures were allowed to
remain for the time being because it was an unopened street.
Issue:
What action should the City take in regards to structures in the public right of way of 2nd Street?
Options:
1) Provide notice to Mr. Eginton to remove the structures from the public right of way
2) Continue to let Mr. Eginton have structures in the public right of way, do not vacate 2nd
St.