Agenda - Council - 08/10/1999 - Laserfiche WebLink

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On June 8, City Staff reported the following information to City Council. City Attorney Goodrich has reviewed the private access easement across the 40 acre parcel between Mr. Darmer's property and Erkium Street to the north. The easement is non-exclusive, which means that it runs with the land. If the lot split occurs, Mr. Danner would have to provide the buyer of his home with an additional access easement to cross the 23 acres he is proposing to retain. Staff researched Pettersen Estates and it is a 2-lot plat recorded in the late t980's. The plat has public access, however, one of the tots does not have public access and is served by a private easement. Staff is certain that no other plats have been allowed without public access. However, we are not certain that any other metes and bounds subdivisions have been permitted without public access, other than those used to facilitate a larger development plan. The subject property is not anticipated to be included in the Metropolitan Urban Service Area within the next 20 years, so staff has requested a resubdivision plan that would comply with the Scenic River Regulations if the 4 units in 40 acres density restriction is abolished. Mr. Danner has provided a resubdivision plan for his property into 4 acre riparian and 2.5 acre non-riparian lots based on the current Scenic River Overlay District standards. Mr. Danner has also met with City Staff and Mr. Bauer, owner of the property to the northwest, to open up the communication lines for a coordinated development plan for this entire area. It is Staff's opinion that a development plan for the entke 127 acres is premature and would be more appropriate at the time any one of the 3 parcels submits a plan that includes the platting and development of public roads. Mr. Kapler visited the site and reports that part of the driveway is gravel and the section nearest the home is asphalt. Mr. Kapler observed that the driveway is narrow but very well maintained. Mr. Kapler states that cases such as this cause some unique difficulties for emergency response, although in this case a lot split would not cause any additional hardship because no new dwelling units will be allowed without a public road. i:. On June 8, Council also reviewed the history of subject property. In 1983, a variance was granted to a previous owner of the land for one home to be built on the property with no direct Public access. This variance stipulated that no further subdivision would be permitted without complying with subdivision regulations, including that provision requiring each buildable parcel to have direct access to a public street. In 1988, Council denied the request by another property owner to divide the property into 3 buildable lots that would continue to be served by the private easement versus a public road. In 1989, Mr. Danner utilized the variance approved in 1983 and built his home on the property. On June 8, the City Council directed Staff to draft findings of fact relating to Mr. Danner's request. I I I I I, I I I I I I I I I I I I