Laserfiche WebLink
I <br />I <br />I <br />I <br />t <br />t <br />t <br />t <br />I <br />t <br />contradicted by the club's own staten\ents over the past year and by <br />the very fact that they put a "Private Road" sign up at the end of the <br />back road, on city property. Since the club owns the property on the <br />back road starting approximately 80 feet east of the paved portion of <br />Woodhill Avenue, this claim affects the classification of only the last <br />80 feet of this bock road. Many people own property that abuts public <br />property. However, this does not give them an unquestioned right to <br />create an access to that public property. When it is Improper, <br />dangerous or not necessary, the City will deny such access. Here, while <br />at one time the club did access public property via the back road, they <br />do not retain a right to use it forever, no matter what they do or what <br />changes. The club first gave up its right to this access when It <br />voluntarily closed and bermed the road in 1978. They confirmed their <br />intentions to relinquish access in 1987, when they sold the Woodhill <br />Ridge land to our developer, expressly for development as a cul de sac. <br />At numerous points in the Planning Commission and City Council minutes <br />when the subdivision was debated, situations that would adversely <br />impact the club's future ability to access Woodhill Avenue were <br />discussed. At no time did Woodhill Country Club, present as a co- <br />opplicant to the subdivision, ever raise any concern or signal in any way <br />that they intended to reopen the back road or felt they had the right <br />to do so. The reason is clear- they wanted the subdivision to go <br />through so that they would profit from the sale of the land. They <br />cannot have it both ways- they sold their access and should not now be <br />allowed to take it back. Finally, in 1988 when they applied for a <br />varience and CUP to build their maintenance shed, representatives of <br />the club told Jeanne Mabutsch, then the Zoning Coordinator, that if <br />they received the CUP, they would no longer use the back road. This <br />was discussed at City Council on October 3,1988. Mr. Sathre, the <br />surveyor hired by the club stated that there was no reason to use the <br />road in the future- no one from the club spoke up to challenge this. In <br />short, regardless of the classification of the last 80 feet of the back <br />road, the club long ago gave up the right to access it. <br />I