06-26-2000 Council Packet - Laserfiche WebLink

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I .H- >Brr ORONO PLANNING COMMISSION Monday, May IS, 2000 (#2587 Richard Rudd, Continued) Currentiy the four lots located in Orono are all served by a shared driveway that has existed for some time over the Burlington Railroad. Weinberger stated the road has operated in the past with a license agreement between the railroad and the properties. Weinberger stated it is unclear whether there has ever been legal access given to the property owners, which in essence means the railroad could shut the access down if they so choose. Weinberger indicated the railroad is not proposing to shut the access down at this time, with an objective of Mn/DOT to eliminate direct driveway access to Highway 12. Weinberger stated the proposed road would provide driveway easements to the cu-de-sac, with two lots to the north having access to the road via easements. This option would eliminate the access over the railroad to Highway 12. Mn/OOT is also proposing to close the intersection between Town Line Road and Highway 12 due to safety concerns, which has not been approved at this time. Weinberger stated the proposed road would provide access to a proposed six lot plat in Medina and to the four existing lots in Orono. The Medina property is zoned for single family residential use. which will be served by City sewer and water. No utilities will be extended to properties in Orono. Weinberger stated the City still needs the following information: 1. Final grading and erosion control plan set 2. Stormwater calculations for the drainage area that will drain towards the pond in Orono. 3. List of all easements that are recorded on the Rudd property. 4. Easement documentation indicating legal access to the Slaughter and Hickey properties over the Fraizer property. 5. Final construction plans for the road. 6. Final plat drawing for recording the right-of-way. 7. Applicant shall dedicate to the City an easement for the NURP pond. City Staff is recommending approval of the preliminary plans. Rudd stated Weinberger has given a good summary of the issues involved in this application. Jane Slaughter, 4545 Wayzata Boulevard, stated she is in favor of the road but would like to see the road extended somewhat. Slaughter stated she will need to maintain a longer driveway with her neighbor, but is still in favor of the road Slaughter stated the railroad is required to give a 30 day notice if they intend to close that access, which causes some concern because her property would then become legally landlocked if that access is denied. Slaughter commented she has been turned down by 13 title companies because the lease agreement is not legally recognized. Weinberger stated these lots do not have direct access to v^at would be considered a public road, and without the access across the railroad, there is no way to guarantee long-term access to the properties Representatives on behalf of the railroad have indicated they are not in favor of provid ng a permanent easement to open this up as a public entrance due to safety and maintenance issues. Weinberger acknowledged this access does potentially create a hardship for the neighbors in that their properties could eventually become landlocked unless some other access is provided. Weinberger stated the railroad has indicated tiiey aio willing to leave this access open until another access is provided. Weinberger stated it is not the objective of the Planning Commission to discuss long-term access Page 9