Minneapolis Park & Recreation Board

Resolution
2018-108
Amendment Adopted
Feb 21, 2018 5:20 PM

Resolution Denying Modified Encroachment Permit for Use of 613.00 Square Feet of Land Encroaching Upon Park Properties in Front of the Subject Property at 2863 Lake of the Isles Parkway East at Lake of the Isles Park in the Minneapolis Chain of Lakes Regional Park

Information

Department:Strategic PlanningSponsors:
Category:Contract

Item Discussion

Whereas, The Minneapolis Park and Recreation Board (MPRB) was created by the Minnesota Legislature in April 1883 and has the authority to manage and operate park facilities;

 

Whereas, The MPRB owns and operates park properties including Lake of the Isles Park as part of the Minneapolis Chain of Lakes Regional Park;

 

Whereas, Douglas and Tina Nimz (Owners) are the owners of 2863 Lake of the Isles Parkway East (Property);

 

Whereas, The Owners’ Property is a vacant lot with no existing driveway and is a Lot of Record in the City of Minneapolis and Hennepin County;

 

Whereas, On July 12, 2017, the Board of Commissioners adopted Resolution 2017-213 approving an Encroachment Permit for use of 347.00 square feet of parkland in front of the Property, collecting associated fees and approving an Encroachment Permit for use of the existing driveway on MPRB land located in front of adjacent property at 2859 Lake of the Isles Parkway East and waiving encroachment fees associated with this encroachment.

 

Whereas, The Owners have indicated an inability to reach agreement with the owner at 2859 Lake of the Isles Parkway East related to design and maintenance of the previously approved shared driveway on park land;

 

Whereas, The Owners submitted to the MPRB on November 8, 2017, a modified Encroachment Permit Request for use of 613.00 square feet of parkland to install a new separate private driveway that would require a curb cut/apron at Lake of the Isles Parkway East;

 

Whereas, MPRB staff has determined a fee related to the encroachment using methods as have been used with other encroachments onto parklands and the Owners do not object to payment of the fee;

 

Whereas, Resolution 2017-213 remains in effect and if implemented would result in lesser impacts upon parkland and pose fewer safety conflicts for the recreating public than the proposed modified encroachment configuration; and

 

Whereas, This resolution is supported by the MPRB 2007-2020 Comprehensive Plan, which envisions “Dynamic parks that shape city character and meet diverse community needs;”

 

RESOLVED, That the Board of Commissioners denies a modified encroachment permit for use of 613.00 square feet of land encroaching upon park properties in front of the subject property at 2863 Lake of the Isles Parkway East at Lake of the Isles Park in the Minneapolis Chain of Lakes Regional Park,

 

RESOLVED That the Board of Commissioners establishes findings for the denial of the modified encroachment permit based on Resolution 2017-213 which determined that a configuration that shares a portion of an existing driveway serving 2859 Lake of the Isles Parkway East. an undocumented encroachment situated wholly on lands owned by the Minneapolis Park and Recreation Board, poses the least possible impacts upon parkland and minimizes safety conflicts for the recreating public who may be using parkland fronting 2859 and 2863 Lake of the Isles Parkway East; and

 

RESOLVED, That the President of the Board and Secretary to the Board are authorized to take all necessary administrative actions to implement this resolution.

 

Body

 

BACKGROUND

This action considers approving a modified encroachment permit request from Douglas and Tina Nimz (Owners) to encroach upon park property at Lake of the Isles Park within the Minneapolis Chain of Lakes Regional Park. The Minneapolis Park & Recreation Board (MPRB) maintains authority for review and approval of any encroachment request impacting parkland.

 

The request is to serve a currently vacant lot at 2863 Lake of the Isles Parkway East, on which the Owners wish to construct a home. There is currently no driveway service to this lot, though it is an existing and legal lot in the City of Minneapolis. The lot has no alley or other means of access.

 

Attachment A describes the Owners request for an encroachment following Option B, which would construct a wholly separate driveway for the subject property, located parallel to and approximately 20 feet from an existing drive that also crosses parkland and serves the adjacent home at 2859 Lake of the Isles Parkway East.

 

The total fee for the proposed encroachment permit is $30,966.04. This fee covers the 613.00 square feet of encroachment that represents the newly constructed driveway, curb cut and apron. Additionally, there is an $800 administrative fee to cover staff time for reviewing the proposal and preparing documentation. 

 

This action considers a MODIFIED encroachment, because the Board has already approved an encroachment for this lot, which would have constructed a single shared driveway across parkland to serve both homes. Previously, MPRB Planning staff had worked with the Owners’ architect and landscape architect, who had prepared several driveway options for review. MPRB staff believes the prior Board-approved encroachment represents the least impact on parklands and the optimal configuration for protecting the recreating public.  However, MPRB staff has learned from interactions with the Owner and the property owner of 2859 Lake of the Isles Parkway East that an agreement for sharing the existing curb cut and driveway, which is largely situated in front of the subject property, could not be reached. As a result, these two owners believe that the Board-approved solution cannot be accomplished. A driveway solution that is separated from the neighboring driveway and that uses a separate curb cut is proposed in the modified Encroachment Permit request. Issues noted by MPRB staff in Board resolution 2017-213 for this option remain, primarily the greater extent of parkland upon which the encroachment occurs should a separated driveway be implemented and the increased number of conflict points for the recreating public when a second driveway crossing of a public walk is introduced.

 

Of note, the existing driveway at 2859 Lake of the Isles Parkway East is considered an undocumented encroachment. At a point in time when significant repairs or reconstruction of the portion of that driveway that exists on parkland occur, the owner of 2859 Lake of the Isles Parkway East would be responsible for obtaining an encroachment permit and paying any fees associated with the encroachment.

 

RECOMMENDATION

 

MPRB staff offered a recommendation in Resolution 2017-213 that resulted in the Board of Commissioners approving a solution that shared an existing driveway situated on parkland. The solution, if implemented, would have created a lesser impact upon parkland and reduced conflicts for the recreating public. By presenting the modified encroachment permit request to Commissioners for consideration, MPRB Staff is not advocating for either increased impacts upon parkland created by the private driveway uses or suggesting that the separate driveways are safer than a combined driveway. Rather, it is simply recognizing that, in this situation, the parties could not reach agreement on the combined driveway and that has an impact on the use of parkland.

 

Should the Board of Commissioners approve this resolution allowing a 613.00 square foot encroachment, the Owners would be responsible for payment of the encroachment fee of $30,966.04. Additionally, it should be noted that when improvement to the existing driveway serving the adjacent parcel (2859 Lake of the Isles Parkway East) is made, the MPRB would require the owner of that parcel to pay the full fee for an encroachment onto parkland.

 

This action is supported by the following vision and goal statements in the MPRB 2007-2020 Comprehensive Plan:

 

Vision Theme 3:              Dynamic parks that shape city character and meet diverse                                                                       community needs

Goal:                                          Focused land management supports current and future                                                                       generations

Meeting History

Jan 17, 2018 5:10 PM  Planning Committee Committee Meeting

Chair Forney recuse herself from Resolution 2018-108 and passed the Gavel to Vice Chair Cowgill.

Reslution 2018-108 Tabled.

Vice Chair Cowgill passed the Gavel to Chair Forney.

RESULT:TABLED [4 TO 0]
AYES:Jono Cowgill, Chris Meyer, Londel French, Steffanie Musich
ABSTAIN:Meg Forney
ABSENT:Kale Severson
Feb 21, 2018 5:20 PM  Planning Committee Committee Meeting

Chair Forney recuse herself from Resolution 2018-108 and passed the Gavel to Vice Chair Cowgill.

RESULT:ADOPTED [4 TO 0]
MOVER:Chris Meyer, Commissioner District 1
AYES:Jono Cowgill, Chris Meyer, Kale Severson, Londel French
ABSTAIN:Meg Forney
Feb 21, 2018 5:20 PM  Planning Committee Committee Meeting

Amend as follows: Resolution (Remove: Approving) (Insert: Denying) Modified Encroachment Permit for Use of 613.00 Square Feet of Land Encroaching Upon Park Properties in Front of the Subject Property at 2863 Lake of the Isles Parkway East at Lake of the Isles Park in the Minneapolis Chain of Lakes Regional Park, (Remove: and Collecting Appropriate Fees Associated with This Encroachment)

(Insert: Whereas, Resolution 2017-213 remains in effect and if implemented would result in lesser impacts upon parkland and pose fewer safety conflicts for the recreating public than the proposed modified encroachment configuration;) and

RESOLVED, That the Board of Commissioners (Remove: approves) (Insert: denies) a modified encroachment permit for use of 613.00 square feet of land encroaching upon park properties in front of the subject property at 2863 Lake of the Isles Parkway East at Lake of the Isles Park in the Minneapolis Chain of Lakes Regional Park, (Remove: and collecting appropriate fees associated with this encroachment;)

(Insert: RESOLVED That the Board of Commissioners establishes findings for the denial of the modified encroachment permit based on Resolution 2017-213 which determined that a configuration that shares a portion of an existing driveway serving 2859 Lake of the Isles Parkway East. an undocumented encroachment situated wholly on lands owned by the Minneapolis Park and Recreation Board, poses the least possible impacts upon parkland and minimizes safety conflicts for the recreating public who may be using parkland fronting 2859 and 2863 Lake of the Isles Parkway East;) and

RESULT:AMENDMENT ADOPTED [4 TO 0]
MOVER:Chris Meyer, Commissioner District 1
AYES:Jono Cowgill, Chris Meyer, Kale Severson, Londel French
ABSTAIN:Meg Forney