10/22/2012 Council Packet - Laserfiche WebLink

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• • • requirements have been met to establish a cartway, and if so, then to determine the location of the cartway and determine damages. The extent to which Petitioner uses the cartway is up to him. Cartwav Location Petitioner Johnson requests that the cartway be coextensive with the HOA's existing driveway to a point where the cartway turns to the northeast into the subject property. The driveway meets the statutory requirement for a cartway that is two rods wide (see attached survey) without any unused width. The statute provides that an alternative route may be selected by the Council if the alternative is deemed "less disruptive and damaging to the affected landowners and in the public's best interest." Minn. Stat. § 435.37, subd. 1(b). Given the existing driveway and bridge, their location relative to the subject property, and the minor amount of modifications required on the HOA's property, no other route meets the statutory standard. Wetlands The issue of impacting wetlands from the driveway access was discussed during the city council site visit. The majority of the subject property is identified as wetland in city and watershed district data. Any proposed wetland impact would require a permit from the Rice Creek Watershed District (RCWD) and possibly the Army Corp of Engineers. While both state and federal laws provide a process for filling wetlands there are several factors involved in the evaluation process. The first step would be to complete a wetland delineation to determine the actual extent and type of wetland on the property. Additionally, the evaluation includes a sequencing process that includes the following three steps; Avoid, Minimize, Mitigate. The first step is to try and avoid any wetland impacts. If this cannot be accomplished then minimizing the impact is required. Any impact requires mitigation. With regard to the proposed cartway driveway location the RCWD would require the applicant to evaluate alternative locations that avoid or minimize any impacts. Locations that require less fill material are likely to be the least disruptive to the wetland. Damages Damages must be paid by Petitioner to the City before the cartway is opened. Minn. Stat. § 435.37, subd. 1(c). Damages "means the compensation, if any, awarded to the owner of the land upon which the cartway is established" along with maintenance costs and the City's costs. As you are aware, the parties' positions on damages are wildly divergent. In most cases, cartways are created where no road exists, so the use of the land changes when the cartway is built. What was once open land, timber or field is now a road. Here, a road two rods wide already exists except for a 4 1 /z' x 33' section where the cartway turns northeast into the subject property. The questions is, what are the damages to the HOA for establishing a cartway 3