07-12-2012 Planning Comm. Minutes

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MINUTES PLANNING COMMISSION JULY 12, 2012 support it if Mitchell Trail were improved, noting that the improvement would not impact him and the City does not have access to his property. Klidzejs reported allowing the Mercil's access to his driveway would devalue his property by tens of thousands of dollars. Klidzejs pointed out that the Mercil's have driveway access on the north. He questioned whether a maintenance agreement would have to be put in place if the Mercil's were allowed to share his driveway, and asked if such an agreement would have to drawn up by an attorney. Duray indicated that it is likely a maintenance agreement would have to be put in place. Klidzejs reported that two years ago he informed the City that its heavy trucks used to access the water and sewer lines in the area had dented his driveway. Klidzejs stated that he wanted it in the record then and now about this damage. Murphy asked about the ownership of Mitchell Trail. The City Planner pointed out the 25 foot street easement and the 25 foot street right -of -way that lies immediately south of this property. The Planner noted that the Klidzejs driveway runs down the middle of the casement /right -of -way. The Planner noted that the differences between a street easement and street right -of -way are negligible from the City's perspective. In this particular case, the City authorized a private driveway over the easement /right -of -way rather than order a public street improvement. Klidzejs gave the history of two 16 1/2 easements that run through this same area allowing access to the lake in order to harvest ice for use in St. Paul. He noted that when his father sold the property he gave a 25 foot road easement on the south which abuts the 25 foot road right-of-way of Mitchell Trail take from the Mitchell Estates plat. He also indicated that his dad arranged for the driveway to straddle the road easement and road right -of -way line. Duray noted that the City received emails from the property owners of 3248 Twin Lake Road, 145 Twin Lake Trail, and 155 Twin Lake Trail in support of the Merril request. Murphy asked if in 2006 when the Mercil's obtained their building permit if they were told everything was O.K. and to position their house the way they did. Tim Mercil reported that he met with the City Planner in 2006 and reviewed the building plans, mentioning that when the new garage was constructed the driveway would go to the south. The City Planner indicated that the assumption was that the private driveway easement on the north would then be eliminated. The Planner again noted that to retain both driveway accesses would require a CUP, and that it would be difficult to meet the conditions required under the ordinance. One of the -6-