Laserfiche WebLink
MINUTES OF THE <br />ORONO CITY PLANNING COMMISSION <br />Monday, October 21, 2013 <br />6:30 o’clock p.m. <br />_____________________________________________________________________________________ <br />  <br />Page 19 of 42  <br />  <br />This plat created a 50-foot right-of-way known today as Rocky Knoll Drive. 25 feet were platted on the <br />3465 property and the other 25 feet of right-of-way was accomplished with a road easement over 3515 to <br />the west. <br /> <br />In 1980, the property platted as Rocky Knoll, Lots 1 through 3, were combined and replatted as <br />Lot 3, Block 1, of Craddock Ledstrom Estates. The property at 3515 to the west was not subdivided. <br />There have been residences on the two properties since 1969. Since that time, Rocky Knoll Drive has <br />served as a private, shared driveway. <br /> <br />Curtis indicated Dale Peterson is the owner of 3515 Sixth Avenue, and on behalf of himself and Gail <br />Ledstrom, the owner of 3565 Sixth Avenue to the east, requests that the City vacate this 50-foot platted <br />right-of-way. The right-of-way is undeveloped and functionally serves as a gravel driveway between the <br />Peterson and Ledstrom properties. There does not appear to be a formal established homeowners <br />association or recorded document detailing maintenance responsibilities. <br /> <br />The public utilities serving this area have been contacted regarding their potential use of the right-of-way. <br />Each of the utilities has responded that they have no utilities in the right-of-way and that they are not <br />opposed to the vacation. <br /> <br />Curtis stated the required 50-foot RR-1B side street setback from the edge of the right-of-way is causing <br />an undue burden on both property owners, particularly considering the location of the home on the <br />Peterson home. There are no public or city utilities located within the right-of-way and there is no need <br />for access to the city-owned park to the south. There are only two homes served by this driveway. <br /> <br />For those reasons, Staff recommends approval of the vacation and extinguishment of the 25-foot right-of- <br />way over 3515 Sixth Avenue North. Staff also recommends the establishment of cross-access easements <br />addressing access to both properties over the existing driveway. The Petersons and Ledstroms should <br />also consider formally entering into a driveway easement. <br /> <br />Landgraver asked if there is any downside to approving this. <br /> <br />Curtis indicated it is Staff’s opinion there are none. <br /> <br />Thiesse asked whether the City can require the maintenance agreement. <br /> <br />Curtis indicated Staff is recommending one. <br /> <br />Gaffron stated in a shared driveway situation, the City usually requests cross-easements and that in his <br />view the Code would require it. <br /> <br />Thiesse commented it makes absolute sense but that he was not sure whether it was within the Planning <br />Commission’s purview to require the cross-easements. <br /> <br />Chair Leskinen opened the public hearing at 8:20 p.m. <br /> <br />There were no public comments regarding this application. <br /> <br />Chair Leskinen closed the public hearing at 8:20 p.m. <br />Item #01 - PC Agenda - 11/18/2013 <br />Approval of Planning Commission Minutes 10/21/2013 <br />[Page 19 of 42]