08-28-2017 Council Packet - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 14, 2017 7:00 o'clock p.m. 9. #17-3945 WILLIAM AND SUE DUNKLEY, 2709 WALTERS PORT LANE AND 2710 PENCE LANE — SKETCH PLAN — Continued of Pence Lane will be widened. Vogstrom indicated they are attempting to preserve the beautiful driveway by limiting the width to 25 feet. Sue Dunkley noted a wider road would also interfere with the wetlands in the area. Vogstrom indicated they are working with the Minnehaha Creek Watershed District on the wetlands. Walsh recommended the road agreements be formalized and that he would defer to the police and fire departments on the turning radius of the road. Chief Van Eyll stated this will be a big improvement over what currently exists. Walsh asked if anyone from the public would like to comment on the sketch plan. Greg Hueller, 2715 Pence Lane, stated the driveway runs through more property than just 2710 Pence and that it also runs through Lot 8, which is owned by tenants in common. Hueller stated each property owner has a one-third undivided interest in that property and that the Dunkleys' rights are limited to access for utilities for the benefit of the Dunkley's new lot only and that there are no rights to use Lot 8 for a driveway or other purposes for the benefit of their existing house since it is a separate property. Hueller stated the Dunkleys would require the approval of all the owners of Lot 8 to be able to expand the use of Lot 8 to benefit their current property. Hueller indicated he is inclined to agree with the proposal but that they will need to come to an agreement on certain matters. Hueller noted the Dunkleys want to create Outlot A for possible sale and that currently that area helps maintain his privacy. Hueller stated he was not aware of this plan when he purchased their house recently. Hueller indicated he has had some preliminary discussions about the arrangement but that they have not come to any final terms. Hueller requested the City Council consider this sketch plan and ask that any formal approvals be conditioned about confirming that a mutual agreement has been reached, including the splitting off a portion of Dunkleys' new property, adding it to his property, and amending the driveway easements to allow for a driveway over Lot 8. Hueller stated otherwise the Dunkleys are not legally permitted to use that sketch of driveway for access to their current property. If the Dunkleys cannot use that stretch of driveway, the project does not work. Hueller indicated he would like to work with the Dunkleys and come to some type of agreement. Walsh stated if there is a legal basis, the City really does not have any role in that and that it would need to be an agreement between the parties. Walsh stated if that remains to be an issue, the City would not be able to approve the plan, but at this point the three property owners will need to come to some type of agreement. Seals asked if the City Council can do anything at this point without an agreement. Walsh noted this is a sketch plan review and that the City Council is being asked to comment on the proposal. Page 3 of 13