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LAKE ELMO CITY COUNCIL MINUTES AUGUST 6, 1991 PAGE 3 The Council questioned if there was a possibility that a garage could be ( put in the back of the house with a driveway along side the existing structure. M/S/P Dick Johnson/Mottaz - to postpone consideration on this item until the building official and homeowner confirm the front yard setback measurement from the proposed garage and check out if this garage would stick out substantially in front of the other houses in the neighborhood and look into the option of building a garage behind the house. (Motion carried 5-0). B. PUBLIC HEARING: Vacation of roadway easement (the westerly 185.65 feet of Lot 8, Krause Addition), said distance as measured along the center line of Lot 8, Krause Addition Mayor Johnson opened up the public hearing at 8:40 p.m. in the City Council chambers. The Public Hearing notice was published in the July 17, 1991 St. Croix Valley Press and the petitioners and adjoining property owners were notified. The City received a petition submitted by adjoining property owners for the vacation of the westerly unimproved portion of Jane Road N. Tom Skalbeck explained that Jane Road was improved a few years ago and it was at the recommendation of the City that because of the configuration of the 200 feet (it was steep and there was no place for a turnaround for the plow) the improvement stopped at the west edge of Lot 8. Consequently, the runoff water goes down the driveway and washes out the driveway. Bill Stevenson, neighbor who was involved on the original improvement of Jane Road N., felt that this condition on Tom Skalbeck's property was an oversight by the City because the rest of the neighbors are fond of the nice road. Mayor Johnson closed the public hearing at 8:45 p.m. City Attorney, Jerry Fills, pointed out the City is apparently the fee owners of Lot 8, Krause Addition. Somewhere in between the creation of Krause Addition and now, it had to be conveyed to the city either by deed or an easement. If what we own is an easement and we vacate this, then the western 185, will revert to adjoining parcels. If what we own is fee title, then we can convey that to whomever we choose. This should be investigated either through the plat of Krause's Addition or title to one of the adjoining parcels to figure out what the legal nature of that roadway is so the City would know what is going to happen to it. M/S/P /Williams - to postpone consideration on this item until the legal nature of the parcel has been clarified and obtain a precise measurement description of the easement relative to Wyn John/William Bloyer driveway). (Motion carried 5-0). C. Ordinance 8054: Distance for Side Lot Line in RE Zone