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WS — Item 2 WORK SESSION STAFF REPORT Work Session Item No. 2 Date: October 1, 2012 To: City Council From: Michael Grochala, Joseph J. Langel Re: Otter Lake Cartway Background The City Council held a public hearing on July 9, 2012, to consider a petition from Mr. Adam Johnson, 2055 Otter Lake Drive, to establish a cartway to provide access to a landlocked parcel he owns. At the work session on September 10, 2012, the Council requested additional information from the parties, which was subsequently received. The following outlines the factors for creating a cartway and provides some guidance on damages if a cartway is established. Establishing a Cartway In order for a petitioner's request for a cartway to be approved, the following statutory factors must be satisfied: 1.) Own a tract of land containing at least five acres. There is no question that the subject property satisfies the acreage requirement. 2.) No access except over a navigable waterway or over the lands of others, or the existing access is less than 33 feet in width. The subject property is bordered by the lands of others on three sides and by the Otter Lake channel on the west side. The channel is a navigable waterway as that term is used in this context. The Homeowner's Association ( "HOA ") now argues that Mr. Johnson can access the subject property via his own bridge, which they assert does not constitute "access by navigable waterway," so a cartway is not required. This argument is without merit. The statute requires the establishment of a cartway if there is no access "except over a navigable waterway or over the lands of others..." Minn. Stat § 435.37, subd. 1(a). This means that if a property owner has to cross a navigable waterway in some fashion, then he does not have adequate access and a cartway is to be