Agenda - Council - 06/08/2004 - Laserfiche WebLink

Home

Case//2 Revised Fil~dings el' Fact Relating to a Variance from Street Frontage or Lot Width Requircmer~ts; Case of Greg Bauer Prcscntation Assistant (;om~ nm fity Devclopm.en? Dh'ector Trudgeon advised that the Board of Adjustment, on ()ctobcr 2, 2003, ~q, proved a varim~c¢ lbr Grog Bauer that would allow for a lot to be created that hact less thm~ 200 t'cct of fetid fi',mt~tge. On December 12, 2003, the Ramsey City Council approved the tinal plat ot' Trappers Ridge, a two-lot plat submitted by Greg Bauer. He indicated the lot which received thc variance ],t~t 2, has 105 feet of frontage on 161st Lane. Additionally, I~ot 2 had what ap]~cared to bt: 66 f(:et (>f additional right-of-way from 160th Lane. Assistant (:om rn u r, i ty Devclopm en~ DJ ~'cctor Trudgeon explained at the time of the plat approval, the City granted p,.~rmission tbr Mi. Bauer to construct a private driveway in what was believed to be the public right-of-way of 1(,0t~ Lane NW. City Staff allowed for Mr. Bauer to remove trees tbr thc driveway in J~muary i3i preparation for construction of a house on the new lot. He advised after thc ~cmoval et' trees [;laff received a phone call from Mr. Steve Dusbabek, an adjacent properly (~wner to thc nort!~ of the presumed right-of-way. Mr. Dusbabek informed City Staff that hc still owned the area pre sumed to be the 160th Lane right-of-way. Assislant ('~ommmfity Devc,~lopme~,~ Director Trudgeon advised that in researching the matter, Staff and thc City Attorney discow ~:ed that when the land to the east of the Bauer property was subdivided in 1964, 160th l,~lne w;ts l~ot dedicated as a public road. In fact, after doing title research, the City Attorney t'ound ti mt although an easement for road purpose was created, there was no indication ~hat the easemem wats dedicated to the City. He stated the City's Official Map and Anoka County's Section Maps :;how 160th Lane NW as a public right-of-way. Assistant Commmfity Dcvclopmertt l)irector Trudgeon further advised Staff met with the ac[jaccnt properly (~wners in Februal y and reviewed the easement documentation and talked about possible resolutiolr.; to the matter. !lc stated while nothing was settled from that meeting, it was agreed that Stall' x,:ould bring this ~natter to a Work Session on March 30, 2004 for discussion with thc City Cour,cil. }lc indicate4 m that work session, the Council directed Staff to order an appraisal on ti to eflkct of tree rcmox al ~o the value of the Dusbabek and Kaas property. He noted that appraisal is still currently under.,va3. Assistant ('X)lnmUt~ity l)cvclopmcnl Director Trudgeon stated since the findings of fact adopted as part o1' the varia~ce referenced th,: J~tct that 160th Lane was a public road right-of-way, the City Attomcy has ~clvis(~cl Staff'that a rex ised findings need to be adopted on the new information. He indicated tho revised findinl.,~s of fac t removes reference to the public right-of-way of 160th Lane NW serving thc Bm~cr property. ~1 hc findings also indicate that the main access will be from 161~t i,ane NW unless an agrecme~tt is made between Mr. Bauer and the owners of the road casement ['or ttst: o[ lhat easement. lgoard of Adjustment/May 6, 2004 Page 4 of 6