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CASE #: REVISED FINDINGS OF FACT RELATING TO A VARIANCE FROM STREET FRONTAGE OR LOT WIDTH REQUIREMENTS; CASE OF GREG BAUER By: Patrick Trudgeon, AICP, Assistant Community Development Director Background: The Board of Adjustment, on October 2, 2003, approved a variance for Greg Bauer that would allow for a lot to be created that had less than 200 feet of road frontage. Mr. Bauer, based on the granting of the variance, was able to subdivide his land into two lots.. On December 12, 2003, the Rarnsey City Council approved the final plat of Trappers Ridge, a two-lot plat subrrdtted by Greg Bauer. The lot which received the variance, Lot 2, has 105 f~et of lot frontage on 167~ Lane. Additionally, Lot 2 had what appeared to be 66 feet of additional right-of-way from 160th Lane. At the time of the plat approval, the City granted permission for Mr. Bauer to consm~ct a private driveway in what was believed to be the public right-of-way of 160a' 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 ora house on the new lot. Afterthe removal of trees, Staff received 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 Staffthat he still owned the area presumedto be the 16{)th Lane rial:bt-of- way as well as his neighbors to the south, Fran and Lori Kaas. Mr. Dusbabek also informed Staff'that he had checked w/th Anoka County and verified that he is paying tn,xes on the right-of-way. In researching the matter, Staffand the City' Attorney discovered that when the land to the east of Bauer property was subdivided in 1964, 160a Lane was not dedicated as a public road. In fact, after doing title research, the City Attorney found that althou~ an easement for road purpose was created, there was no indication that the easement was dedicated to the City. The Cfty's Official Map and Anoka County's Section Maps shows 160a' Lane NW as a public right-of-way. Therefore, k 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 of the easement for a public road. Staff' met with the adjacent property owners in February and reviewed the easement documentation and talked a~ut 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 on March 30, 2004 for discussion with the City Council. At that work session, the Council directed staff to order an appraisal on the effect of tree removal to the value of the Dusbabek and Kaas property. This appraisal is still currently underway. Since the findings of fhct adopted as part of the variance referenced the fact the 160a Lane was a public road ri~t-of-way, the City Attorney has advised Staff.that a revised findings need to be adopted on the new intb~rnation. The tbllowing items are enclosed for your information: a) b) c) d) Site location Final Plat of Trappers Ridge Board of Adjustment meeting minutes dated October 2, 2003' Planning Commission meeting minutes dated October 2, 2003