HomeMy WebLinkAbout2002-11-07 CA Ltr to OPH Re MnDOT ReviewIAW OFFICES OF
Eckber Lammers, Bri Wolff & Vierlin P.L.L.P
1835 Northwestern Avenue
James F. Lammers Stiflwater, NEnnesota 55082
Robert G. Bri
Mark J. Vierling (651) 439-2878
Thomas J. Weidner + FAX
Susan D. Olson -�- (651) 439-2923
David K. Sn
Timoth M. Kelle Direct Dial No: (651) 351-2118
Sean P. Stokes
November 7, 2002
Ms. Kris Danielson
Communit Development Director
Cit of Oak Park Hei
14168 Oak Park Boulevard
P.O. Box 2007
Oak Park Hei Minnesota 55082
Re: Renton Homes MnDOT Review
Paid A. Wolff
(1944
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L J. Eckber
Of Counsel
*Qualified Neutral Arbitrator
*Certified Real Estate Specialist
�Qualified Neutral Mediator
No. P02-113, Southwest Q uadrant of T.H. 36 & C.R. 66
Oak Avenue North, Oak Park Hei MN
Control Section 8214
Our File No. 0 -103
Dear Ms. Danielson:
I have had the opportunit to review the comments provided b Minnesota
Department of Transportation Planner Mary McNeff in his correspondence of October 17, 2002 as
were provided relevant to the above-referenced project.
Commentar within the MnDOT correspondence relative to draina and
en issues, of course, should be referred to both the development en for the Owner as
well as to the Cit En The issue of compatibilit with re to land use and noise is, in this
area, ver probabl inevitable. MnDOT's communication seems to indicate ver clearl that the
will not be providin noise barriers within this locale, notwithstandin the fact that existin housin
closer to T.H. 36 is alread in existence within the nei From that perspective, the
developer certainl should be placed on notice as well as the Cit note within an development
contracts and/or approvals, if an are issued in this project, that noise control and implementation
projects will not be constructed b the Minnesota Department of Transportation to benefit this
housin project should approvals for same be g ranted.
The su within the letter that "in the interim, the Cit should consider a
re that access not be allowed in this proposed location" does certainl create issues
relative to this particular project and the Cit authorit with re thereto.
Ms. Iris Danielson
November 7, 2002
Page 2
The City is not in a position to preclude all access to a public right-of-way affecting
these lands, as the same would most certainly invoke a condemnation complaint from the property
owner and, especially, since the City has not as of this date adopted any type of official street plan
as otherwise promulgated and specified in Minn. Stat. §462.359 that would preclude or otherwise
provide for the protection of future public uses and rights-of-way relative to future developments.
If, indeed, the Department of Transportation is not going to allow access to its right-of-way for this
particular property owner to access Osgood Avenue even though an existing drive access appears to
exist for this lot within the MnDOT right-of-way, that, of course, is an issue directly to be dealt with
between the effective property owner and the Minnesota Department of Transportation. The City
will certainly have to deal with the access issue as part of any development but will not be in a
positron as of this date, at least, to preclude or exclude access to the site from oakgreen Avenue.
The City may have opportunities to influence the location of that access as part of the development,
however, but that is as of yet to be fully addressed within any development plan.
Naturally, if you have any more questions or concerns relative to the matter, you
may feel free to contact this office directly.
Yours very truly,
Mark J. Vierling
MJVldcb