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Case #2 Revised Findings of Fact Relating to a Variance from Street Frontage or Lot Width Requirements; Case of Greg Bauer Presentation Assistant Community Development Director Trudgeon advised that the Board of Adjustment, on Octobcr 2, 2003, approved a variance for (ireg Bauer that would allow for a lot to bc created that had less than 200 feet of road frontage. On December 12, 2003, the Ramsey City Council approved thc final plat of Trappers Ridge, a two-lot plat submitted by Greg Bauer. He indicated the lot which received the variance, Lot 2, has 105 feet of frontage on 161st Lane. Additionally, Lot 2 had what appeared to be 66 feet of additional right-of-way from 160th Lane. Assistant Community Development Director Trudgeon explained 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. 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. He advised after the removal of trees, Staff received a phone call from Mr. Steve Dusbabek, an a4jacent 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 160th Lane right-of-way. Assistant Community Development Director Trudgeon advised that in researching the matter, Staff and the City Attorney discovered that when the land to the east of the Bauer property was subdivided in 1964, 160th Lane was not dedicated as a public road. In fact, after doing title research, the City Attorney found that although an easement for road purpose was created, there was no indication that the easement was dedicated to the City. He stated the City's Official Map and Anoka County's Section Maps show 160th Lane NW as a public right-of-way. Assistant Community Development Director Trudgeon further advised Staff met with the adjacent property owners in February and reviewed the easement documentation and talked about possible resolutions to the matter. He stated 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. He indicated 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. He noted that appraisal is still currently underway. Assistant Community Development Director Trudgeon stated since the findings of fact adopted as part of the variance referenced the fact that 160th Lane was a public road right-of-way, the City Attorney has advised Staff that a revised findings need to be adopted on the new information. He indicated thc revised findings of fact removes reference to the public right-of-way of 160th Lane NW serving the Bauer property. The findings also indicate that the main access will be from 161~t Lane NW unless an agreement is made between Mr. Bauer and the owners of the road casement for use of that easement. Board of Adjustment/May 6, 2004 Page 4 of 6