10-28-87 Council Minutes - Laserfiche WebLink

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MMINUTES City Council October~ 28, 1987 Waite The Planner• noted that the City has only taken an easement for• the Pr~oper•ty Sylvan Str•eet cul-de-sac, and r•ight-of-way was not dedicated. Division Ther~efor~e, the Planner• felt that the easement ar~ea could be counted (Cont.) in calculating the squar•e footage of the lots around the cul-de-sac. The Planner~ noted, however•, that if the easement ar~ea is not counted, Mr•. Waite's souther•n most pr•oposed lot would not meet the City's squar•e footage r~equi r~ement and woul d r•equi r~e a var•i ance. Mr~. Waite noted that he is not r•equesting a lot size var~iance, pointing out that he did not cause the lot to be less than 10,000 squar•e feet in size. Waite pointed out that the City will have to appr•ove whatever~ is necessar~y in or~der• to divide the pr•oper•ty into thr•ee lots. The City Cler•k asked if the fr•ont pr~oper•ty line would be at the easement 1 i ne, or• the r~oad r•i ght-of-way 1 i ne. The Planner• noted that the City only took an easement, and Mr•. Waite still holds title to the property under• the easement. Ther~efor~e, it was the Pl anner•' s opi ni on that the fr~ont pr•oper•ty 1 i ne was deter•mi ned at the r•oad r•ight-of-way line. The Planner• stated that a dedicated r•oad right-of-way is differ~ent than an easement. The Ci ty Attor~ney fel t that the fr•ont yar~d was deter•mi ned to star•t at the edge of the easement. Blesener• asked why an easement was taken for• the cul-de-sac in this case, when this is not what is done with other• cul-de-sacs. Fahey asked if it wer•e unlikely that Sylvan will be extended to Demont. The Engi neer• r~epl i ed that thi s was cor~r~ect and the Syl van Str•eet cul - de-sac was a per•manent one. Scalze pointed out that the Council never• indicated that because the pr~operty owner•s wer~e giving easements for• the cul-de-sac, the City would gr•ant fr•ont yar•d setback var•iances. Collova agr•eed, pointing out that the Council only indicated that it woul d grant var~i ances for• 1 ot ar~ea for~ the 1 ots gi vi ng easements for~ the cul-de-sac. Kenneth Hauth reported that he is requesting a property division for his pr•oper•ty adjacent to the Sylvan Str•eet cul-de-sac, and indicated that he is also r•equesting a front yar•d setback var•iance so that he can line up his house with the existing houses in the area. Hauth r•epor•ted that wi thout the fr•ont yar•d var•i ance, he woul d only have about 50 feet of backyar•d. Fahey pointed out that this is one of the r•easons pr~oper•ty owner~s ar~e compensated for~ easements. Hauth r•epor•ted that he was never• compensated for• the easement. Page -3-