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ORONO CITY COUNCIL MEETING <br />MONDAY, AUGUST 14,2000 <br />6. #2602 Thomas and Jennifer Graham, 1065 Tamarack drive—Preliminary <br />Subdivision —Resolution No. 4506—Continued <br />ownership. The applicants have requested that the 18 month time frame not go into effect <br />until the properties are no longer in common ownership. <br />Mr. Graham stated that they have no plans to sell the north lot and would like the bam to <br />remain for their use. Their purpose for the subdivision is to increase their options for the <br />future. <br />Kelley stated he feels it is premature to ask the applicants to give up their property rights <br />for an easement. Flint stated that Hennepin County would penalize the City by requiring <br />they pay for 100% of the right-of-way if they didn ’t take it at the time of the subdivision. <br />Moorse stated easements and right-of-ways get larger as an area is developed and use <br />increases. The applicant stated he felt the right-of-way issue is separate from the bam <br />issue and seems irrelevant to the subdivision application. Mayor Jabbour stated the <br />Council is not holding him hostage over the right-of-way issue, but the Council is in the <br />position of reviewing a policy decision that is expected to come into issue in the future. <br />Kelley questioned how the City would know when the properties are sold into separate <br />ownership. Barrett stated that the requirement would be listed in the property deeds, but <br />there would be no way to enforce it until somebody inquired about the barn ’s use. Flint <br />stated the policy is in place to prevent people having out buildings on a lot without a <br />primary' residence. Kelley stated he could not vote in favor of the applicant ’s request to <br />allow the bam as long the lots are in common ownership because it would require making <br />an exception to the rule. <br />Mayor Jabbour questioned whether the applicant could be reimbursed for the right-of- <br />way along County Road 6. Flint stated the applicant could not be reimbursed. Moorse <br />stated that the City asks for a trail easement with any subdivision along a trail route. <br />Gaffron stated that Hennepin County has had it on the books for 3 years that if a city does <br />not require an easement for future road or trail use at the time of a subdivision, the city <br />.vill pay 100%, otherwise the city will only pay 50%. Mayor Jabbour asked if the City <br />has any control over the County. Barrett stated he was not aware of any statutes giving <br />the City the right to stop the County from taking a right-of-way. Flint suggested plotting <br />the right-of-way as an easement and allowing the applicant to use the land until it is <br />needed. <br />Flint moved, and Sanscverc seconded, to approve Resolution No. 4506 granting <br />preliminary approval for a hvo lot subdivision of the property located at 1065 <br />Tamarack Drive, owned by Thomas and Jennifer Graham, with the provision that <br />the accessory structure will not have to come into conformance until 12 months <br />after the lots are sold into separate ownership. <br />Vote: Aves 3, Nays 1 (Kelley).