Agenda - Council - 02/08/2022 - Laserfiche WebLink

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Staff emailed the petitioner a certified copy of Resolution #21-316 for their use in mailing the hearing notice to the DNR via certified mail, and for personally serving to affected landowners. Notification: Notice of the Public Hearing was published once in the Anoka Union Herald on Friday, January 28, 2022. The Petitioner provided hard copies of the hearing notice to City Staff to post on the bulletin board in the lobby of City Hall several weeks in advance of the hearing. The petitioner personally served notices to three affected property owners, and mailed a copy via certified mail to the Commissioner of the Department of Natural Resources (the Subject Property contains a public water). Affidavits verifying delivery of all notices as delivered to the City on February 2, 2022, are attached to this case. Time Frame/Observations/Alternatives: Observations: The petitioner originally requested a route from the proposed new public street in the plat known as Williams Woods to access the northeast quadrant of the Subject Property. Since approval of the Williams Woods Preliminary Plat was not contingent upon inclusion of an access to the Subject Property, this could not be made a condition of approval of that Final Plat. The petitioner's requested route, which would be through upland and wetland area, would have greater negative impacts than two other alternative routes investigated by Staff utilizing accesses through public park properties and smaller areas of private properties. The first alternate route is through Caroline Acres Park, which is an undeveloped park that accesses 178th Lane near the northeast corner of the Subject Property. This route appears to result in the longest route and the greatest impact to wetlands. Also, there is only forty (40) feet of frontage along 178th Lane so if a thirty-three (33) foot wide cartway were to be established, future access to this park would be severely restricted. The second alternate route is through Shawn Acres Park, which is an undeveloped park that accesses Chameleon Street near the southwest corner of the Subject Property. Of the three routes considered, this route would result in the least impact to private properties, and would have less impacts to wetlands than the Caroline Acres Park route. Designating this as the official cartway route therefore appears to be in the public's best interest. Staff has had several conversations with the petitioners during which it was confirmed that they fully understand Minnesota's cartway statutes 435.37 and 164.07, including their financial obligations and other responsibilities associated with their petition. The petitioner initially informed Staff that they wanted access to the northeast corner of their property because this area has the greatest elevation differential between the ground and groundwater making it the most likely location for future improvements. But more recently the petitioner informed Staff that they do not have a strong preference for a cartway route and acknowledged that a cartway through Shawn Acres Park to the southwest corner of their property would work just fine to provide access to their landlocked parcel. The petitioner will be in attendance. Alternatives: Alternative 1: Motion to adopt Resolution #22-039 approving a designated cartway access to the Thorn Lake property having PID #04-32-25-31-0001 and owned by Thomas and PattiAnn Kurak using the alternative route through Shawn Acres Park. Alternative 2: Motion of other. Funding Source: