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