04/22/1991 Council Minutes (2) - Laserfiche WebLink

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1 1.0 COUNCIL MEETING APRIL 22, 1991 subdivide a third parcel that would provide a roadway to Oak Brook Peninsula subdivision. The Council Members agreed that the preliminary plat for Oak Brook Peninsula should be approved first. This has been done and access to the five (5) lots is needed. If the Council approves of this third subdivision, this parcel will be attached to Oak Brook Peninsula, thereby eliminating a non - conforming parcel. Mr. Hawkins explained that the Council can approve the subdivision of this third non - conforming parcel contingent upon the becoming attached to Oak Brook Peninsula. He also explained that the owner of Oak Brook Peninsula must be allowed an access to his property. Council Member Kuether asked Mr. Hawkins if it made sense to approve the subdivision of this parcel for access at this time when the Council is not sure whether the plat will have final approval. Mr. Hawkins explained that even if the plat does not receive final approval, access to this property must be obtained one way or another. Council Member Reinert asked if the developer of Oak Brook Peninsula purchased land locked property. Mr. Adamson, the developer explained that he knew it was land locked but was assured by Mr. Hansen that he could purchase the necessary right - of -way from him. Mr. Hawkins explained that if the developer can get reasonable access without violating City ordinances and the City can reasonably give a variance, the City cannot deny use of the land by denying access. Council Member Reinert asked why this is "coming through the back door "? Mayor Bisel said that he did not feel it was coming through the back door. There was a request at the last council meeting for this third subdivision. Council Member Kuether said that she agreed with Council Member Reinert and asked if this should be the last action taken by the Council on this matter. She noted that if all permits cannot be obtained, access to the parcel will not be needed. Mr. Hawkins explained that the developer could sell the parcel possibly even to the City for open space and access would still be needed. He noted that it is a separate parcel of record and can be sold. Council Member Bohjanen said he felt that the Council was in a "bind" in this matter. He asked if it was a mistake for the seller to sell to the developer? Mr. Adamson explained that he could have purchased Mr. Hansen's entire 11.5 acre parcel and put the street on that parcel. However, only 60 feet is needed. Council Member Reinert noted-that Item 6E on the agenda also affects this item. He asked if Item 6E is approved, will this 60 foot parcel become part of the private street in the subdivision. Mr. Adamson said that would be a decision for the Council to make. PAGE 4 1 1 1