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Item No: 10C <br />Meeting Date: July 12, 2004 <br />Type of Business: Council Business <br />Administrator Review : ________ <br />City of Mounds View Staff Report <br />To: Honorable Mayor and City Council <br />From: Kristin Prososki, Planning Associate <br />Item Title/Subject: Consideration of Request from Property Owner of 2300 <br />Laport Drive to Use City Right-of-Way for Gardening <br />Purposes <br /> <br /> <br />Introduction: <br /> <br />Cha Yang, property owner of 2300 Laport Drive, has planted a vegetable garden across the <br />street from his home on City right-of-way. Mr. Yang has requested that the City allow him to <br />continue to use the property for gardening purposes. <br /> <br /> <br />Discussion: <br /> <br />Jeremiah Anderson, Housing/Code Enforcement Inspector, informed Mr. Yang that the <br />garden is located in City right-of-way. On June 22, 2004, Staff received a letter from Mr. <br />Yang requesting that the City allow him to continue to use the right-of-way for gardening. Mr. <br />Yang informed Staff that his Grandmother gardens as a hobby and has planted a garden on <br />the property across the street from his home. In his written request to the City, Mr. Yang <br />stated, “I realize that the land belongs to the City of Mounds View, and I do not intend to <br />claim the land whatsoever.” (See attached letter.) <br /> <br />The garden is located on the north and east side of the right-of-way of the intersection of <br />Jackson Drive and Laport Drive (see attached map). There are two sections of garden, one <br />is approximately 80’ wide and 10’ deep and the other is 15’ wide and 10’ deep. They are <br />placed directly along side of the road. Photographs of the garden are attached to this report. <br /> <br /> <br />Recommendation: <br /> <br />Discuss the request and direct Staff on how to proceed. If the Council does not wish to allow <br />Mr. Yang to continue gardening in City right-of-way, Staff will inform Mr. Yang of that decision <br />and he will need to remove the garden. If the Council chooses to allow Mr. Yang to leave the <br />garden in the right-of-way, the City Attorney recommends entering into a Limited Use <br />Agreement, which would allow the City to end the agreement at anytime, if needed. It should <br />be noted that allowing Mr. Yang to continue gardening in the right-of-way could set a <br />precedent and open the doors for similar uses in City right-of-way.