10-12-1998 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MINUTES FOR OCTOBER 12, 1998 ( #7) TONKAWA SHORES PRIVATE ROAD STANDARDS REVIEW Dan Regan, 3410 North Shore Drive, was present. Allan Stein on behalf of Kenneth Stein of 3400 North Shore Drive was present. Gaffron reported to Council that on September 25, Dan Regan came before Council requesting a primary driveway access to the new road which is going to be constructed for the Tonkawa Shores subdivision being done by James Render. Staff had denied the request based upon the fact that this would be a second access for Regan's property, and he already has one access on North Shore Drive. The road which is being proposed by Render has been approved at a substandard width in a substandard size outlot as a private road to serve three users, and now this is a fourth. • Gaffron stated that Council heard from Dan Regan at their September 25 meeting and suggested Regan and James Render devise a proposal for increasing the width of Render's road to accommodate a fourth user, recognizing that the road plan as approved appears to limit Regan's (and his neighbors') ability to continue their occasional use of the old 16' easement. Council also suggested the neighborhood be notified of this request. Gaffron stated the neighborhood was notified. Gaffron noted the existing 16' easement is in question as to who owns it and if it is a public or private easement. Gaffron also noted the existing 20' sewer line easement to the south of the 16' easement is an encroachment into the neighboring properties to the south. Gaffron reported the initial approved proposal is a 16' driveway to . serve the three newly developed lots. Gaffron stated that Regan and Render are proposing to construct a 20' road instead of a 16' road, to serve four lots with a potential of up to six users. Mayor Jabbour questioned the cost for the project. Gaffron replied that Regan indicated would accept the additional cost of widening Render's road from 16' to 20', including engineering design, grading, paving, and drainage. Regan would also be responsible for a shared 25% of future maintenance cost. It was also suggested that the covenants be revised such that any additional adjoining property owner who potential would be served by this road (3400 & 3420 North Shore Drive) could come in only after having approval by a majority of all property owners bound by the declaration, and must agree to join the declaration. Regan stated that his title does not show a 16' easement to the City but rather a 16' private easement, and the County easement for County Road 51 along the front of his property, and a 20' easement to the City for sanitary sewer. Barrett stated in his opinion the plat for " Tonkawa Shores" should not be filed until the issue with the easement is resolved. Also, the attorney for Mr. Render should be put on notice and the matter resolved quickly. Page 6 0