09-09-1996 Council Packet - Laserfiche WebLink

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COUNCIL MEETING REQUEST FOR COUNCIL ACTION may 13 1996 DATE: Ma]C<^l5I^RONO ITEM NO: j 3 Department Approval: Name Title Administrator Reviewed:Agenda Section: lItem Description: ^ Dan Handlin Request to Acquire City Property to Resolve Non-Conforming Driveway Issue Background In mid-1995 Mr. Dan Handlin and Ms. Nancy Krause purchased the property at 3860 North Shore Drive which is adjacent to a parcel acquired by the city through tax forfeiture. The city parcel includes a wetland area and has a sanitary sewer line running through it. At the time the property at 3860 North Shore Drive was purchased the buyers were advised that the driveway serving the property was non-conforming, in tliat it extended into the adjacent city parcel. The driveway was install'-’ illegally by a prior owner a number of years ago. The non-conforming driveway created a cloud on the property title. The buyers moved ahead with the purchase without removing the cloud from the title. Rather, $3,000 was placed in escrow to enable the driveway issue to be resolved in one of two ways. Alternative Solutions 1. Find a way to make the current driveway conforming--through either acquiring an easement from the city or acquiring land from the city. 2. Install a new driveway totally on the subject property. Mr. Handlin has indicated he much prefers option one, and has requested the city’s consideration regarding an easement or land acquisition. Because the city property was acquired through tax forfeiture, the city is not able to provide an easement. The only solution to making the driveway conforming is for the city to reconvey a portion of the tax forfeit parcel back to the County for sale to adjacent property owners of which Mr. Handlin is the only eligible buyer. Issues for Consideration In responding to Mr. Handlin’s request there are three issues for the Council to consider. The first is whether the city should allow a driveway that was constructed illegally--partially on an adjacent property--to remain in its current location. The city generally would not allow such a driveway to remain unless the property owner was able to acquire additional property from an adjacent property owner for a lot line rearrangement that would make the driveway conforming. In this case the city is the adjacent property owner. The second issue is whether the city should play a direct role in solving the driveway problem by enabling the acquisition of city property to enable the driveway to be conforming. The city generally does not make city property, obtained for a public purpose available to adjacent property owners to address development related issues. The city currently has numerous parcels, many acquired through tax forfeiture; used for stormwater drainage, utilities, and/or