06/02/98 - Laserfiche WebLink

Home

CITIZEN INPUT Skip Swanson, 8780 - 181st Avenue, stated the Enstrom easement would lie on his property. He said he agreed to give an easement to Carl McCullum in the event that Mark Dalheimer, who owns the property to the north, was unable to purchase the McCullum parcel. He indicated when the easement was originally created it ran the length of his property and there is a 100 foot difference in the two parcels. He stated concern that he would be responsible for taxes on the 100 foot section of easement if the property was developed. He stated an ideal situation would be for Mr. Dalheimer to purchase the property. ' Zoning Administrator Frolik stated the easement between the Swansons and the Enstroms would need to be worked out in their purchase agreement. Mr. Swanson indicated the easement is not registered and was an agreement between himself and the McCullums. Zoning Administrator Frolik stated the Board of Adjustment could only determine if a building permit is reasonable; they cannot make decisions on the length and recipient of an easement. Mr. Enstrom indicated having three documents stating there is a 33 foot easement running the entire length of the Swanson property. He said Christmas trees were planted on the property and his intentions were to use the easement to harvest the trees. He stated having no intentions to develop the property and added that up to two lots could be developed. He asked if a pathway could be considered a legal roadway for a home. Mr. Dalheimer asked if Mr. Enstrom went ahead with the project and got the 33 foot easement, if the parcel could ever be divided. Zoning Administrator Frolik stated the variance would allow for one building site on the property without having frontage on a public road. He would need to provide 66 feet of right-of-way road. Without cooperation of neighbors and property owners he would not get the needed right-of-way. Currently there is a 10 acre minimum lot size. The easement would not give Mr. Enstrom the right to build a dedicated, improved road. Mr. Dalheimer stated the original 66 foot easement was voided four years ago because he wanted to build a barn and was too close to the easement. There is no longer room for a 33 foot easement on his property. He stated having a purchase agreement for the property valid until May 15, 1998, and added that Mr. Enstrom's purchase agreement is void. He stated not wanting to have neighbors in a close proximity of his home and indicated he is interested in purchasing the property. Board Member Deemer requested copies of the purchase agreements for the record. Board Member LaDue stated the Board of Adjustment does not resolve easement disputes. Greg Matuseski, 8840 - 181't Avenue NW, stated support for Mr. Dalheimer and indicated if an easement is granted to the Enstroms, development would occur on the property. Lonnie Menard, 8940 - 181't Avenue NW, indicated he purchased two parcels for open space to raise horses. Public Hearing/Board of AdjustmenffMay 5, 1998 Page 2 of 3