02-25-2015 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL FEBRUARY 25, 2015 Kotaski reported that the pipe would be installed at no cost to Boettner and would be done according to the City Engineer's specifications. Adele Boettner, 715 Keller Parkway, indicated that she felt the property should not be subdivided as the run-off from one home would be less than from two. Boettner stated that she heard the developer would be constructing two townhomes and felt that would be degrading to the area. Boettner reported that there is currently an easement over her property providing walking access to the lake for the property at 716 LaBore Road. Boettner stated that she felt that easement should be limited to just one lot and not two lots if the subdivision is approved. The City Planner stated that he was aware of the walking easement, and noted that this was a discussion point when the property was put on the market. The Planner stated that he did not know the terns of the easement or whether the easement would be available for use by both of the lots if the property is subdivided. The City Administrator indicated that the walking easement is a private easement and, therefore, a civil issue between the two property owners. Boettner indicated that she had a large lot that may be subdividable and asked how tall a house could be. The City Planner indicated that any subdivision of the Boettner property would have to meet minimum code requirements. He also noted that the Code limits the height of a house to 2 %z stories. Montour asked which side of the lot the walking easement was located on and how often it is used. Chuck Pechmann, 735 Keller Parkway, indicated that the walking easement is 20 feet wide and is located between his property and the Boettner property. Pechmann stated that he has lived in his house for 15 years and has never seen the easement used. Pechmann reported that he has an issue with the storm water drainage plan for 716 LaBore Road as he has had water drainage issues on his property in the past. Pechmann stated that he acknowledges that the walking easement is a private easement, but asked if any precedent is set if the City approves the subdivision of the property and then an easement of this nature accrues to both parcels. Pechmann suggested that there may be similar easements in this area. The City Planner stated that he did not know the legal aspects of property law and the impacts of this subdivision on the walking easement. He suggested that perhaps the City Attorney should look at the walking easement and comment. 3