Agenda - Council Work Session - 03/30/2004

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CITY COUNCIL WORK SESSION Topic Report: Trappers Ridge Access By: Background: Patrick Tmdgeon, AICP, Assistant Community Development Director On December 12, 2003, the Ramsey City Council approved the final plat of Trappers Ridge, a two- lot plat submitted by Greg Bauer. The Board of Adjustment, on October 2, 2003 approved a variance to allow for a lot to be created that had less than 200 feet of road fi:ontage. At the time of the plat approval, the City granted permission for Mr. Bauer to construct a private driveway in what was believed to be the public right-of-way of 160th Lane NW. 160~' Lane NW was not constructed all the way to Mr. Bauer's property. City Staff'allowed for Mr. Bauer to remove trees for the driveway in January in preparation for construction of a house on the new lot. After the removal of trees, Staffreceived a phone call fi'om Mr. Steve Dusbabek, an adjacent property owner to the north of the presumed right-of-way. Mr. Dusbabek informed City Staff'that he still owned the area presumed to be the 160~ Lane right-of-way as well as his neighbors to the south, Fran and Loft Kaas. Mr. Dusbabek also informed Staffthat he had checked with Anoka County and verified that he is paying taxes on the fight-of-way. In researching the matter, Staff discovered that when the land was subdivided, 160~ Lane was not dedicated as a public mad. In fact, after doing title research, the City Attorney found that an easement for road purpose was created, but there was no indication that the easement was dedicated to the City. Therefore, it is Staff's conclusion that while there is an easement for road purposes over the Dusbabek's and Kaas's property, there is no definitive right granting the City the use ofthe easement for a public road. Staffmet with the adjacent property owners in February and reviewed the easement documentation and talked about possible resolutions to the matter. While nothing was settled from that meeting, it was agreed that Staff'would bring this matter to a Work Session in March for discussion with the City Council. In reviewing the chain of events, Staff'acknowledges that there were some breakdowns in communications between the Staffand the residents regarding the process. Staffsent out a notice to property owners that mistakenly said that there would be a pre 'hminary plat public hearing in regard to the subdivision. However, since it was a minor subdivision, there was only a sketch plan and final plat. Staffalso acknowledges that additional signing could have put on the property to notify the residents. While there was a land use sign at 161~t Lane and Olivine, there was not a sign located at the end of 160~ Lane.