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<br /> ~ <br /> , <br /> March 3, 1987 wehrman <br /> bergly <br /> . Mr. William J. Keefer TIQQD~ <br /> Fudali, Keefer and Anderson <br /> 2408 Central Avenue Northeast <br /> Minneapolis, Minnesota 55418 n. plaza b1dg,. ste, 220 <br /> . 5217 wayzata blvd. <br /> minneapolis, mn 55416 <br /> Re: Edgewater Estates 612 S44 7576 <br /> Bill : <br /> In response to your letter of February 11, I have reviewed the Edgewater <br /> Estates plans and P.U.D. permit. Lot 9 was used for density calculations <br /> for the multiple portion of the project. The development plan also <br /> proposed townhouse development on a portion of Lot 9; the remainder was <br /> designated as permanent open space. Conveyance of a portion of Lot 9 to <br /> the Fish and Wildlife Service would not seem to compromise the interests <br /> of the City, in my opinion, provided that-- <br /> I. The land would remain as permanent open space; <br /> 2. The land would not be used for general public access to the lake; and <br /> 3. The access road would not be placed where it would encroach on the <br /> privacy of residents or otherwise reduce the "livability" of Edgewater <br /> Es tates. <br /> The fact that Federal property is not subject to the City's ordinances <br /> . may be of concern to the Council. However, I would think that control <br /> of the future use' of the property could be ensured through appropriate <br /> deed restrictions. <br /> #,jpl Technically, conveyance of a portion of Lot 9 to the Fish and Wildlife <br /> ~.~)~'6 Service would require City approval of a minor subdivision. Because of <br /> the unusual division of the lot, some variances related to lot dimensions <br /> filiit f may be required. These, of course, cannot be determined until a plan of <br /> j;fF . the subdivision is submitted. I would not anticipate problems with such <br /> variances if the land would remain as permanent open space. <br /> Frankly, Bill, the subdivision and conveyance of title to land seems to <br /> be an extremely cumbersome approach to resolving a relatively minor <br /> adjustment of an existing easement. I suspect that the Fish and Wildlife <br /> Service's desire for better access to the lake has become a factor in <br /> your negotiations with them. <br /> Good luck, Bill! If you have any further questions, please call. <br /> Sincerely, <br /> WEHRMAN BERGLY ASSOCIATES, INC. <br /> C4/U.&d <br /> . Orlyn W. Miller, Associate <br /> OkWclm <br /> cc: Cathy Iago planning' landscape architecture <br />