06-16-1997 Planning Commission Minutes

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MINUTES OF THE ORONO PLANNING COMMISSION MEETING HELD ON JUNE 16, 1997 • cl C lavtnn FrPPhtirsy - ('nntiniiPCi) (ft6 - #774S Rarhars Theisen And _ Clayton Freeburg, owner of lot 6, indicated that even with having built the rock up around his garage, water still runs through it. He said Hennepin County informed him that they would correct this problem. Freeburg noted that it was difficult to drive out of his garage with the few feet available now. Freeburg said the alley could never effectively be used as such due to the steep banks. He said he was informed by his title company at time of property purchase that his garage was located on his property and the alley was included in his property. He would like to straighten out the problems with the question in ownership. He was notified that he did not own the property under his garage and the alley when he attempted to refinance his property. Freeburg said grassing over the area would improve the drainage. The curb and catch basin have recently been installed. Tom Theisen, son of Barbara Theisen, who owns lot 5, reported that his family has owned the property for 40 years and are only now finding out that they do not have legal egress to their property. They must cross Lot A, the tax forfeit parcel, in order to access their property. Theisen reviewed the requirements for the vacation as noted in the staff memo. He indicated in response to finding #1 that the rural ambiance of Orono would be changed if County Road 19 was made straighter thus creating a raceway. He noted that the vacation affects only the Freeburg and Theisen properties. He is concerned with the access coming • across public property. Any improvements to the road by the County would result in creating more traffic and higher speeds according to Theisen. He felt finding #4 was self - evident and only finding 93 was subjective. Theisen questioned whether he has the right to go across Lot A to access his property. Lindquist said he did not have the answer to that question. Theisen said the access and road condition were his concerns. Lindquist indicated if Lot A is owned by the County, the City has no control over it. He suggested the applicants speak with the County. Lindquist said he has to consider the staff recommendation regarding public purpose noting future needs are difficult to determine. Stoddard noted that this vacation was more complex as it involves drainage and future County plans for the roadway. He also suggested the applicants contact their attorney regarding access through Lot A noting the long use of the lot for access possibly might provide them the right to use it. Stoddard asked staff if a vacation has been previously approved which grants future permission to reacquire the property for a nominal fee. Gafii-on said it has not been done to his knowledge and would be problematic. It would limit what the applicant could do with the property. Theisen informed the Commission of an incident regarding a County truck dumping salt and killing grass and trees. "Phis resulted in their determining that they did not in fact own 40 the piece of property used for access.