Agenda - Council Work Session - 03/30/2004

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CRONOLOGY OF EASMENT OFF 160TM LANE 9/03 Notice sent out pertaining to initial and first step toward subdivision process. Stated that this was not a public hearing but open to the public. Stated that if we received this notice we would also receive a public hearing notice when it was scheduled. NO NOTICE WAS EVER RECEIVED. 10/02/03 Preliminary meeting held. This is the first indication that access off of 160th Lane was at issue. The notice that we had been given made absolutely no mention of it and it was almost solely the topic of discussion. The neighbor and I were caught completely by surprise and tried to offer reasons for not granting the variance that Mr. Bauer was asking for. The Mayor told us that they could not deny a landowner access to their property, and while we didn't like it, that was the way it was. The city had an easement over our property, and they were going to grant a variance for its use. After I had had an opportunity to fully review the documents, I could see that Mr. Bauer has access from 161st lane. It is not the most desirerable and least expensive access, but never the less, an access. This also raises the question of why does the city feel it necessary to provide Mr. Bauer with the best possible access. I had a conversation with Mr. Bauer in the hall after the meeting and asked him why doesn't access through his property on the north side, using the proposed easement that was shown in one of documents. He stated that he would have to go through his horse pasture and he didn't want that. He also stated that he was going to give the City an easement across the north end of his property and in return the City was going to grant him a variance to use the easement off of 160th. He stated, "I needed to throw them a bone in order to get this variance." 12/20/03 Mr. Bauer staked the road. 12/21/03 Called Mr. Bauer and asked him why he wasn't center lining this driveway and why was it so wide? He said that the city had told him to avoid the white oaks in the front and move access to the left. He stated that the city had also told him that he needed 20' clear and that is why the road was that width. I informed him that I wanted to do a walk through with him prior to the road being cut. He agreed. 12/26/03 Walk 'through of staked road. My wife and I met Mr. Bauer early in the afternoon and proceeded to walk the road as he had it stacked out. We walked back to his preliminary building site and he showed us were he was plarming on putting the house. During the walked I specifically asked Mr. Bauer twice if the city told him where to place the road and the width that it had to be. He replied "Yes". He went on to say that the city also didn't want the road to be in direct alignment with the center of the road as to avoid traffic coming down 160th and continue up his driveway. I then showed him my driveway and the entrance to it, and stated that it is only approximately Il