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05-11-1999 Public Hearing - Woodhill CC
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05-11-1999 Public Hearing - Woodhill CC
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• 05/11/9= 15:32 M0.SS2 P014 <br />LINDQUIST & VENNUM p.l.l.p. <br />and clearer than Woodhill Road, Smith Avenue. Lyman Avenue. Russell Avenue. Dickinson <br />Street, Orono Orchard Road, and numerous other residential streets in the City of Orono. <br />Residents of all of those streets are expected to carry on their normal activities of driving, biking, <br />and walking. Woodhill Avenue is approximately 25 feet wide. This variation from “the City’s <br />28 foot standard for a public residential street,** the City staff docs not view as “a limiting factor <br />for the level of traffic currently proposed by Woodhill.” Staff Report at page 10. <br />That is it. In nineteen pages of submissions by counsel and traflic engineer, only one-half <br />of one page is devoted to identifying the actual problems the proposed secondary access will <br />allegedly cause for the residents of Woodhill Avcnuc.and the Woodhill Ridge private road. <br />However strongly felt, none of the identified impacts on the neighborhood outw'eigh the <br />significant increase in traffic safety on County Road 15 for both Woodhill Country Club families <br />and for the many citizens of Orono and others who travel on County Road 15. <br />Conclusion <br />Woodhill’s current application to amend its 1968 CUP can only be reviewed and decided <br />in the context of Woodhill’s ownership and historical use of its property throughout this century. <br />When Woodhill bought the property, the only existing access was through the public street then <br />platted as Hamlet Street, and now known as “WoodhiU Avenue.” Since 1915, u has paid taxes <br />on that property to the City of Orono. When Woodhill Avenue needed to be improved for the <br />three new homes in Woodhill Ridge, the Woodhill property was assessed. Woodhill used the <br />access for both foot traffic, bicycle traflic, and vehicular traffic in every decade sine 1915. When <br />zoning was created in the 1960 ‘s, Woodhill’s use of its propeny, including its secondary access <br />to Woodhin Avenue, was immediately permitted by the Village of Orono. As is its right, <br />Woodhill has. from time to time, placed various gates, chains, etc. across driveways. When it <br />decided to put a very strong chain up in 1980, it wrote to the City saying it was limiting regular <br />vehicular traffic but reserving its ri^t to reopen the road at any time. As additional insurance, <br />ihc grounds manager continued to drive cars and tractors up and down the road even after the <br />chain was put in place. After buying property abutting the public road, paying taxes, paying <br />Special assessments, using the road, and Nvriling to the City about its decision to open and close <br />its driveway, Woodhill has both a propeny right and CUP right to use its access. <br />Wliolly independent of Woodhill Country Club’s rights to use ilS CCntury-old access to <br />Woodhill Avenue, the City Engineer’s repon on County Road 15 establishes the immediate need <br />to restore the secondary access on Woodhill Avenue. The problems faced on County Road 15 <br />are well-known to the council members personally aiid are amply quantified and described in the <br />City Engineer’s report. The problem is getting much worse, not better. The City Engineer’s <br />report studied and commented on ten improvement concepts and eight specific improvement
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