04-10-2013 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL APRIL 10, 2013 FINDINGS OF FACT: • The vacation of the existing 33 foot easement promotes the development of the Pine Tree Pond subdivision thereby enhances the tax base of the city and providing a quality development opportunity within the community and is in the interest of the public. • The use of this easement by other adjoining property owners has not occurred since it was dedicated on July 18, 1968. 17 feet of additional right -of -way /easement was needed from up tofive different property owners to create a street that satisfies City code. That cooperation has not occurred due at least some of the abutting owners not being ready /willing to develop their land. • The only reason to keep the easement open would be to allow abutting landowners the ability to develop their properties utilizing the existing 33 foot easement. As to the Bilek property, they would have to dedicate an additional 17 feet to create a conforming road. If this was done, their present home would become nonconforming as it would be closer than 30 feet to the road right of way. In addition, only one lot could be created. Based on the estimates of the City Engineer, the cost of constructing the road would exceed the value of the lot created. This new road would also pose a future burden to the City with ongoing maintenance /reconstruction costs beyond a typical street due to the fact it will only serve one property. ❖ As to the three other abutting owners (Acosta/Boog /Brausen), they would also have to dedicate a 17 foot easement in favor of the City for street purposes. The Brausen,family is in favor of developing their property today. The Acosta and Boog properties do not wish to develop today and would like to have minimal impact to their property. Without the cooperation of the Acosta and Boog properties, the Brausen family cannot subdivide their property by making use of the 33 foot easement. • The developer ofPine Tree Pond has provided an adequate alternative access which would allow Acosta, Boog and Brausen to develop their properties in the future. To do so will still require the cooperation of all three property owners in terms of subdivision concepts, dedication of road right -of -way, grading /drainage considerations, and timing. Prior to the Pine Tree Ponds proposal, five property owners needed to cooperate to make development possible. Therefore, the number of property owners needing to cooperate has been reduced by the Pine Tree Pond subdivision. 13