01-21-1997 Planning Packet - Laserfiche WebLink

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Zoning File #2201 January 7, 1997 Page 4 exist. The right-of-way undoubtedly was platted and dedicated prior to the construction of the existing cabins. Further, a review of the topographical map suggests that the right-of-way can in fact serve as a reasonable access to inland properties, and, without regard for existing trees or other natural or manmade obstructions, the right-of-way do'.-s have public purposes. Suggested Alternative Exhibit I, the staff letter of December 10, contains a topographic map showing a triangular portion of right-of-way which could be vacated and a portion of the Fieger property which could be replatted as roadwry. This would accomplish the applicants' basic requirement for accommodating the septic system drainfield, while generally providing access to properties to the east. However, the property directly east of Lot 21 would appear to not be ser\ed via this new access unless an easement is granted over the Erickson property to the north. Therefore, in order for this alternative to be viable, applicants must be able to gain an easement from Erickson. StafT Recommendation Staff recommends denial of the vacation as proposed, based on finding that the existing and potential public purposes served by that right-of-way will be eliminated or compromised by such a vacation. Further, Planning Commission is advised to review Exhibit E, the letter from the Department of Natural Resources recommending denial of the vacation request. It may be appropriate to table the application if the applicants are willing to consider restructuring their proposal per the sketch in Exhibit I or something similar. In this case, applicants should then be advised to attempt to gain the necessary easement from the neighboring property owner (Erickson) in order to make that alternative viable. In spite of the staff recommendation for denial of this particular proposal, stafi' must commend the applicants for working together to solve their septic system needs. They have responsibly proceeded with the necessary testing and design work as well as the legal work to create easement, in order to meet City requirements. However, the City is obligated to consider the long-term public interest when being asked to relinquish a dedicated right-of-way that serves both utility and access functions. Options for Action 1. 2. 3. 4 Recommend approval with conditions. Table for further information or revision, giving applicants specific direction. Forward a recommendation for denial to the City Council. Other.