Agenda - Planning Commission - 08/26/2021

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Citizen Input Joe Bailey, Landform, spoke in representation of the applicant. He thanked staff for the thorough presentation. He noted that they did reduce the driveways to ten feet in width in order to reduce the impact to the wetland. He noted that they also attempted to match the topography as much as possible to reduce impacts. Commissioner Dunaway referenced lot four and noted that the driveway seems to get close to the western property line. He asked if that driveway enters into the setback. City Planner Anderson replied that the dots shown along the line is silt fence and not the edge of the driveway. He noted that the driveway would certainly meet the side yard setback. Tom Kurak, 15001 Sunfish Lake Blvd, stated 20 years ago he purchase the adjoining 40 acres. He stated that there were already 200-foot-wide lots adjacent with the established park. He stated that access is generally granted to landlocked pieces of property and noted that he has been landlocked between a City created deep ditch and an adjacent plat did not provide access. He stated that he landscaped the area but otherwise does not have access. He asked for access to the 40 acres that he owns which is west of the Williams Woods plat. He stated that there is 1,200 feet of common property line in which the access could be provided to his landlocked property. He stated that the solution would be through the implied easement or right of access by destination. He stated that the raw land and lake on his 40 acres is pristine and enjoyed by others. He noted that he has owned the land for over 20 years and other people enjoy the lake and property. He believed that it would be proper and sensible for this development to provide access to his property along the quarter mile of shared property line. He stated that if this opportunity to create public access is not exercised, it will be more costly to provide that access through destination by legal means. He asked that the easement for public right-of-way be in the middle and west side of the Williams Woods subdivision. He noted that easement would provide access to the northwest quadrant of his 40 acres of property. He stated that the public right-of-way creation now may be a nuisance and inconvenience but will avoid future problems. Chairperson Bauer asked if staff could draw in where the right-of-way would be proposed as requested. Senior Planner McGuire Brigl commented that staff does not have that location. Mr. Kurak replied that he described it as the middle of Weston Woods and identified the area on a map. He stated that he does not care where the access would be, he simply wants access to his landlocked parcel. City Planner Anderson stated that statute does identify a process through formal petition and the financial cost would be borne by the petitioner, with damages paid to the other property owner (Williams Woods). He noted that the cartway only needs to be wide enough to provide access, not necessarily a 60-foot-wide public right-of-way. He stated that it is wonderful that the property owner is open to the public accessing the lake site but that is not a public park and at any point that Planning Commission/ July 22, 2021 Page 10 of 22