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COUNC1l MEETING OF MAY 3. 1982 • PAGE 2
Mr. Wilmes stated he received many letters from persons in th unity,
during his hospital stdy; and one letter which came from C cilman Barnette.
indicated there were many persons concerned and suppor ' g him through this
period.
Mr. Wilmes stated he is proud to come fran a cortmunity made up of persans
who care enough to help and friends wh honest enough to tell you what
your problem is. He stated he was nkful and gratefu7 to the community fo�
giving him back what he though had lost. .
OLD BUSINESS:
CO�iSIDERATIOh OF
ISSION (TABLED APRI
MOTION by uncilman Hamernik to table the appointment to the Energy Cortmission.
Secon by Councilman Fitzpatrick. Upon a voice vote, all voting aye, M�yor
Ne eclared the motion carried unanimously.
2�( F��DSlP0�T64� �AYLA D�G430 EASTERT �LSRO8Af,1D01lTA 1�LBERE I BOED 4�19�8210
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Mr. Flora, Public Works Director, stated Mrs. Miller has requested a lot
split to provide a 70 foot lot abutting East River Road, a 66 foot lot.
and the remaining lot would be on the parce] where Hrs. Miller currently
resides.
Mr. Flora stated the City staff reviewed this property and has a number
of concerns as normally a replatting would be required so that the necessary
easements are dedicated.
Mr. Flora stated staff has suggested an 80 foot frontage corner lot paratlel-
ing East River Road and a �5 foot lot adjacent to it. If the property is
split this way, it leaves an 84 f�ot lot, with the existin9 building on it.
and provides for a 30 foot street and utility easement for future access
to the large properties to the south.
Mr. Flora felt access to Mrs. Miller's existing garage could be�provided by
establishing a joint drivewdy easement along the split property line, or by
converting the existing garage to home use and constn,cting a new garage
behind the existing house serviced off 64�, Way.
Mr. Flora stated he has met with Mrs. Miller and explained the platting
process and necessary requirements, however. she is interested in dividing
the property through the lot split process.
Mrs. Mitler stated she visited all the persons in her block that would be
concerned about a road easement and. at this point in time, not one person
would be interested in acce�.s. She stated she would like the Council to
consider her request for a 70 foot corner lot, a 66 foot lot adjacent to
it, and the remainder of the parcel to be her lot.
t�1r. Qureshi. City manager, stated if the property i5 going to be split.
it should be platted so that proper easements be provided for future
access. He stated the easement only provides the right of access and
would �ot necessarily take the property, if there isn't a need for it
in the future. He pointed out that properties do change and the people
who live there now may not want access provided. however, this m�y �ot
be the case if the property is sold. _
Mrs. Mi11er stated if an easement is provided, it wouid be subject to road
assessments and would reduce the value of the property.
Councilman Fitzpatrick felt one concern was if the road was ever developed,
Mrs. Ni11er would be assessed. He felt if there was no benefit to her
property, possibly there wout� not be an assessment on it. He thought
Mrs. Miller might be reluctant to give the easement because there maiy bE'
a road assessment.
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COUNCIL MEETING OF MAY 3, 1982
PAGE 3
Louncilman Fitzpatrick felt the lot split ►vould be�.of some benefit to the
CiLy, as it would eliminate drivew�ys off East River Road.
Mrs. Mi11er stated one of her concerns is the possibility of a road assess-
ment, hoHever, she didn't want to se]l.the lots and then have saneone have
to pay for a road, after they bought the property. She stated her original '
proposal Was for zero lot 7ines which she felt would be nice for the neighbo�
hood. but no matter what she does, it involves an easement.
Mr,,Qureshi. City Manager, felt it was the City's responsibility to provide
access. He stated if the Council wishes to acquire an easement and have
no assessment imposed, unless the access is used, this can be put into the
record. Councilman Fitzpatrick stated he would be prepared to move that
they approve the sub-standard frontage width on the two lots and, in return.
that an access of 30 feet be provided along the west edge of the property
and also to give assurances that the property in question would not be
assessed for a road improvement, unless they have access from it and use it.
Councilman Schneider asked if they would be setting a precedent in approving
the sub-standard lots.
Mr. Herrick, City Attorney. stated the Council has, in the past, given
waivers on dimensions of lots. He felt the situation here was somewhat
unique and didn't feel a waiver would carmit the Council to granting.
waivers in other situations. '
Mr. Qureshi felt the matter of drainage should be taken into consideration
as son�e of the area was low and it could be handled when the building permits
are issued.
Ftr. Qureshi suggested. if the lot split is approved, the corner lot be 76
feet, the middle lot be 60 feet, and access be provided from 64�; on the
west edge of the corner lot and there be no access off East River Road.
MOTION by Councilman Fitzpatritk to approve Lot Split �M82-03 to Combine
into three lots. 110 and 120 and 140 64� Wdy, with a 76 foot lot (]10 64� Wa�y)
closest to East River Road, a middle lot of 60 feet (120 64; Way) and the
existing parcel (140 64i; Wdy) where Mrs. Miller's hane is located, to be
84 feet. Further. the westerly 30 feet is to be dedicated as a road and
utility easement. with a 25 foot triangle at the intersection with 64� Wa�y.
Al1 driveways and access for these lots should be off 64� Way and the
drive►.�ay on the 76 foot tot is to be on the west edge of the 1ot line,
with a paved drivew�y to the present garage located on the 84 foot lot.
The drainage on the two new lots will have to be considered at the time
building permits are issued and a variance for the square footage on
the 60 foot lot is approved in conjunction with this ]ot split. Also,
there will be no future assessment on Mrs. Miller's 1ot, unless she uses
the str�et, if road improvement is needed to provide access to the south.
Seco�a�ded by Councilman Schneider. Upon a voice vote, all voting a�ye.
Nayor Nee declared the motion carried unanimously.
The Council noted. from Mr. Flora's memo, that Mrs. Miller must come in
to apply for a vacation of the existing easement on her property.
OF AN
tJG CHAPTER 205 Of
MOTION by Council n'Fitzpatrick to waiv�At ing nd approve the
ordinance upon fira reading. Seconded by Councilman ' er. Upon a
voice vote, a11 ot�n aye�or Nee declared th� �tion carri mously.
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