05-25-94 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MAY 25, 1994 Morelan asked if Keenan planned to build on Lot 10 or 11. Keenan replied that he was not sure which lot he would build on or if he would combine the lots and build on that combination. There was no one from the general public present wishing to comment on this matter. Upon motion by LaValle, seconded by Scalze, the public hearing was closed. LaValle felt that the variance request should be approved subject to requiring road and utility improvements should a second building permit be requested along unimproved Lake Street. LaValle also felt that Keenan should be required to sign a Waiver of Right to Appeal Assessments for any future improvement of Lake Street. LaValle also felt that the City Planner's recommendations listed under "Alternatives" in his report dated May 9, 1994 should be complied with. Scalze asked how the City would police the driveway on the road easement once a second home is constructed, and how the City would referee any disputes between the two property owners who would be using the easement. Morelan asked if a property owner is allowed to use a road easement for a driveway. The City Attorney replied that the City could grant a property owner a license to use a road right-of-way, and suggested that any such license agreement also indemnify the City from any liability that might occur due to this use. The Attorney reported that if two property owners are using a road right-of-way for driveway access, neither one can prevent the other from using the right-of-way. Morelan pointed out that the City must ensure that there is adequate access for fire and emergency vehicles, and expressed concern about that access should the driveway condition deteriorate. Pedersen pointed out that this concern can exist in any situation where a long driveway is involved. 2