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ORONO PLANNING COMMISSION <br /> Monday,May 15,2000 <br /> • (#2587 Richard Rudd, Continued) <br /> Currently the four lots located in Orono are all served by a shared driveway that has existed for some <br /> time over the Burlington Railroad. Weinberger stated the road has operated in the past with a <br /> license agreement between the railroad and the properties. Weinberger stated it is unclear whether <br /> there has ever been legal access given to the property owners, which in essence means the <br /> railroad could shut the access down if they so choose. Weinberger indicated the railroad is not <br /> proposing to shut the access down at this time, with an objective of Mn/DOT to eliminate direct <br /> driveway access to Highway 12. <br /> Weinberger stated the proposed road would provide driveway easements to the cu-de-sac, with two <br /> lots to the north having access to the road via easements. This option would eliminate the access <br /> over the railroad to Highway 12. Mn/DOT is also proposing to close the intersection between <br /> Town Line Road and Highway 12 due to safety concerns, which has not been approved at this time. <br /> Weinberger stated the proposed road would provide access to a proposed six lot plat in Medina <br /> and to the four existing lots in Orono. The Medina property is zoned for single family residential <br /> use, which will be served by City sewer and water. No utilities will be extended to properties in <br /> Orono. <br /> Weinberger stated the City still needs the following information: <br /> 1. Final grading and erosion control plan set. <br /> 2. Stormwater calculations for the drainage area that will drain towards the pond in Orono. <br /> 3. List of all easements that are recorded on the Rudd property. <br /> 4. Easement documentation indicating legal access to the Slaughter and Hickey properties over <br /> • the Fraizer property. <br /> 5. Final construction plans for the road. <br /> 6. Final plat drawing for recording the right-of-way. <br /> 7. Applicant shall dedicate to the City an easement for the NURP pond. <br /> City Staff is recommending approval of the preliminary plans. <br /> Rudd stated Weinberger has given a good summary of the issues involved in this application. <br /> Jane Slaughter, 4545 Wayzata Boulevard, stated she is in favor of the road but would like to see <br /> the road extended somewhat. Slaughter stated she will need to maintain a longer driveway with <br /> her neighbor, but is still in favor of the road. <br /> Slaughter stated the railroad is required to give a 30 day notice if they intend to close that access, <br /> which causes some concern because her property would then become legally landlocked if that <br /> access is denied. Slaughter commented she has been turned down by 13 title companies because <br /> the lease agreement is not legally recognized. <br /> Weinberger stated these lots do not have direct access to what would be considered a public road, <br /> and without the access across the railroad, there is no way to guarantee long-term access to the <br /> properties. Representatives on behalf of the railroad have indicated they are not in favor of <br /> providing a permanent easement to open this up as a public entrance due to safety and maintenance <br /> issues. Weinberger acknowledged this access does potentially create a hardship for the neighbors <br /> in that their properties could eventually become landlocked unless some other access is provided. <br /> Weinberger stated the railroad has indicated they are willing to leave this access open until another <br /> access is provided. <br /> • Weinberger stated it is not the objective of the Planning Commission to discuss long-term access <br /> Page 9 <br />