05-29-1990 Council Packet - Laserfiche WebLink

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MINUTES OF ORONO COUNCIL MEETING HELD MAY 14, 1990 ZONING FILE #1515-JOHNSON CONTINUED in other areas of the lake, but did not know the specific number of properties at this time. She recollected that Council had approved a similar application for a property on Tonkawa Road just last year. It was moved by Mayor Grabek, seconded by Councilmem er Nettles, to grant approval of the variances requested by Jeffrey Johnson to construct a walkway. Goetten did not approve of the configuration and length of the walkway for the purpose of providing lakeshore access. She said that she had opposed the application for Tonkawa Road for that same purpose. Goetten had concerns about public safety and thought that this type of structure is inappropriate. Mr. Johnson agreed that the configuration is not ideal, but it makes use of the lakeshore property which is otherwise unbuildable. Goetten was concerned about the precedent being •'et by approving these structures. Callahan expressed concern about the walkway crossing wetland area. Johnson did nor believe that this opportunity would be available to a large number of property owners. Goetten asked Johnson what hardship exists. Johnson replied that the hardship is the inability to access the lakeshore property. Mayor Grabek again asked if something could be arranged with the adjacent property owner. Johnson stated that his attempts to do so had failed. He added that it will be necessary for his neighbor to obtain Council approval for his existing walkway. Public Works Director Gerhardson noted that the neighbor did not obtain a permit from the City to cross the right-of-way. Mayor Grabek stated that it will be necessary for the City to resolve that situation. Councilmember Nettles asked what purpose would be served by preserving the right-of-way. Bernhardson replied that the land would revert back to the adjoining property owner if the easement were vacated and would hinder Mr. Johnson's efforts. He believed that it would be necessary to obtain DNR approval to vacate the easement. He added that the City has maintained a number of these right-of-ways for potential future accesses. Goetten asked whether crossing the right-of-way creates any liability on behalf of the City. Gerhardson said that it would be necessary to have Mr. Johnson enter into a Hold Harmless Agreement as well as an agreement to remove the structure should the City require use of the right-of-way. Gerhardson did not believe that the City could enter in those agreements with the owner of the existing walkway. Motion, Ayes-2, Callahan, Goetten and Peterson, Nay. Motion failed. It was moved by Councilmember Callahan, seconded by Councilmember Peterson, to table this item until the May 29, 1990 Council Meeting. Staff is directed to contact the property owner with the existing walkway to explore the option of combining use. Motion, Ayes-4, Goetten, Nay. Motion passed. - 11 -