HomeMy WebLinkAboutDriveway info To: Lyle Oman, Building Official
From: Mike Gaffron, Planning Director
Date: December 20, 2001
Subject: Request for Driveway/Curb Cut Relocation at 4645 Bayside Road
Past Approvals, Commitments, Expectations
The property at 4645 Bayside Road (was Olson, now Sims) was involved in a subdivision with
4665 Bayside (Geffre) in 1994 (Zoning File #1967, Resolution No. 3492) which split off the
Olson house from Olson's back 14 acres. The back 14 acres was platted as Outlot C. The
subdivision also created two access outlots ("B" and "D") and a residual outlot ("A").
The intent for each outlot was as follows:
Outlot A (0.28 acres) - was to be combined with 4665 when Outlots B and D are developed as
an access road or driveway serving Outlot C.
Outlot B (0.32 acres) - is a 50' wide private road/driveway corridor to serve Outlot C; if Outlot
C develops with access from a location other than Outlots B & D, and has no use far Outlots B or
D, then Outlots A and B would be combined with 4645.
Outlot C (14.13 acres) - land for future development. It cannot be developed (even for one
single family residence) without replatting or subdivision.
Outlot D ((0.07 acres) - small triangular segment of road/driveway corridor. If Outlot C
develops without using Outlots B & D for access, then Outlot B would be combined with 4665.
The resolution approving the subdivision established two potential scenarios:
Scenario A: If Outlot C develops by gaining access via Outlots B and D, then:
1) Geffre gets Outlot A and combines it with 4665; and
2) 4645 and 4665 each must create new driveway accesses to Outlots B & D and
eliminate their existing direct accesses to Bayside Road. This was due to the
relatively unsafe locations of the existing driveways and the City's policy of
consolidating access on major roadways.
Scenario B: If Outlot C develops without the need to use Outlots B and D for access, i.e.
if it is accessed from some other adjoining property, then: '
1) At owners' requests, City will vacate the City road easements over Outlots B
& D; and
2) Outlots A & B will be combined with 4645.
Other factors involved in this matter:
- 4645 was to have an easement over Outlot B for its existing driveway. We assume this
easement is in place and of record.
- A condition of plat approval was that Outlots A-B-C remain in common ownership until C is
developed.
- Conditions of plat approval were revisited in a lot line rearrangement between Olson and
Geffre in 1996 (File #2064, Resolution No. 3669) in which Geffre gained a small portion of
Outlot C which contained an old shed. The prior conditions of approval were then revised so that
Geffre would own 4665 plus Outlot A plus the parcel for the shed; and Olson would own the
remainder of Outlot C plus Outlots B and D. each owner was then to legally combine their
respective parcels.
- The combinations apparently have not happened, as Erv Wachman is listed in Hennepin
County Tax Records as the owner of Outlots B-C-D as 3 separate tax parcels (with City of Orono
as taxpayer on B-D), and Geffre is listed as owner of Outlot A separate from 4665. This is not a
big problem, considering that Wachman is almost certain to need Outlots B/D for access now
that the plat of Chadwick to the west was created without providing potential road access to
Outlot C.
Given all the above factors, commitments, conditions of past approvals and later revisions, I
would conclude the following:
1. Wachman will almost certainly need to use Outlots B and D for access to Outlot C.
2. Outlot C is likely to develop with one or more homes in the foreseeable future, and will
either develop a driveway or a road within Outlots B & D.
3. It has been the City's intent from the beginning that the driveways far 4645 and 4665 be
consolidated with the driveway or road that is eventually developed in Outlot B serving
Outlot C. This intent has not changed. Therefore, we should not issue a permit for 4665
to have a separate driveway east of Outlot B without addressing the issue of access
consolidation.
4. If the owners of 4645 would allow Wachman and Geffre to gain access to Bayside via the
proposed new driveway east of Outlot B, we would likely assist in revising the conditions
of prior approvals to accommodate this potentially safer alternative access point.
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