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r <br />; <br />a <br />Zoning File #1128 <br />June 4, 1987 <br />Page 2 <br />w <br />The main concern with the Old Crystal Bay Road access location is <br />that Hennepin County Highway Department noted that while the <br />existing driveway location meets the sight distance requirement <br />for the posted 30 mph speed limit, it doesn't meet the standard <br />for a 35 mph speed. They recommend a safer access across from <br />Lane because they feel the traffic exceeds 30 mph at that <br />location on Old Crystal Bay Road. Subsequent monitoring by the <br />Orono Police Department (Exhibit 0) indicates that 2/3 of the <br />traffic is going 25-35 mph or generally within acceptable limits, <br />but 1/3 is exceeding 35 mph. <br />Both City Engineer Glenn Cook and City Attorney Kathleen Blatz <br />indicate that since the existing access meets the safety standard <br />for the posted speed limit, the City would be hard-pressed to <br />require a "safer" access. City Attorney Blatz s^so <br />the issue of whether the City has some added liability by <br />approving the existing access when we know a portion of the <br />traffic exceeds the limit, does not seem valid. Traffic speeds <br />are an enforcement issue and it is commonly known that a portion <br />of the traffic anywhere exceeds the speed limit, hence the City <br />is not open to added liability by approving the access location <br />that meets the posted limit standards. On the other hand, the <br />City might be subject to a legal action by a developer in a <br />situation where an access that meets the minimum standard set by <br />code is denied without a solid justification. <br />Staff Recommendation - , <br />Staff recommends approval of the preliminary plat for Ranie <br />Anderson generally in accordance with conditions stated in <br />Planning Commission's second motion as follows: <br />1. Access location to be at existing driveway entrance as <br />proposed by applicant. <br />2. Dedication of 50' along east side of Lot 2, Block 1 for <br />future roadway purposes. <br />3. Approval of the concept of staging the road construction <br />as described in Item II A of the memo of 4/16/87, using road <br />and utilities easements for the temporary cul-de-sacs. <br />4. Approval of a variance to allow cul-de-sac length of <br />1,100', a variance of 100'. <br />5. Standard road and utility easements, private <br />agreement, etc. including requirements/thresholds for <br />staging of road construction to be filed with final plat. <br />6. Require additional testing for alternate septic site for <br />existing house, prior to Council preliminary plat approval.