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<br />ARDEN HILLS CITY COUNCIL - JUNE 28, 1999 <br /> <br />12 <br /> <br />. <br /> <br />with regard to tl1c two rear lots bcing hcld until the access situation is resolved, this must be <br />rectified within 24 months. To him this meant that, if the situation is not rectificd witl1in24 <br />months hc would have to walk away from the two lots and he was not willing to do this. He <br />hoped tl1at the wording could be changed to say that, if the situation were not resolved within 20 <br />months, he would have to come back to the City COill1Cil in order to strive tor a solution. <br /> <br />Mr. Rekuski stated that hc has worked with the two neighbors for three weeks and has still not <br />come to an agreement with them. He indicated that the neighbor to the east, Ms. Rushenburg, is <br />very upset with tl1e City Council. He believes that the only way to ease her mind would be if the <br />City Council spoke with her and explain that she would not be losing anything by allowing tl1e <br />necdcd easement. It was his understanding that Ms. Rushenburg is concerned that, if she gives <br />up the easement, she will be left with a non-conforming lot. <br /> <br />Mayor Probst statcd tl1at if there were a request from Ms. Rushenburg to clarify what an <br />easemcnt means, the City would certainly be willing to do tl1is. Mr. Rekuski stated tl1at he had <br />spoken with staff and received clarification of easements. He had attempted to explain this to <br />Ms. Rushenburg; however, she is still very uncomfortable. He suggested that he bring Ms. <br />Rushenburg to the City staff in order for them to sit down and cxplain the situation to her. <br />Mayor Probst stated that if Ms. Rushenburg has questions, the City staff would provide answers. <br /> <br />. <br /> <br />Mr. Fritsinger stated tl1at one issue from the staffs point of view was that, it is one thing for staff <br />to answer questions with regard to Code requirements and expectations of the City. However, <br />staff is trying to avoid having to negotiate what had become a part of Mr. Rekuski' s development <br />process. <br /> <br />Councilmember Malone stated that the condition for approval of the plat was correct as it <br />appears in the minutes. The intent of the City Council was to find a way to approve tl1e plat and <br />the problem was tl1at there were two westerly lots that, in order for them to actually be lots, they <br />had to have public access. The easterly lots wcrc acceptable because they have public right-of- <br />way access. The condition for approval was to allow two years to scttle the access issue. If, after <br />the two years, the access situation were not resolved, the plat approval would become null. <br /> <br />Mr. Rekuski statcd that the four lots could have access to Lexington A venuc at tl1is time. He had <br />wantcd to eliminate this access due to the agreement with Mr. Bachman for access to the cul-de- <br />sac. Councilmcmber Malone reiterated that the City COill1cil couldn't automatically approve a <br />plat that includes two lots without access. <br /> <br />. <br /> <br />Mayor Probst stated that the City Council would not have approved the four lots if the current <br />access situation were permanent. The Council has given approval for the four-lot configuration <br />under tl1e assumption that the final platting process would be expedited. Thc two-year time <br />trame was intended to cnsure action was taken to rcctify tl1e access situation. Mayor Probst <br />stated that the minutes of the meeting were accurate. Mr. Rekuski stated that the City is asking <br />for something hc has no control over. Councilmember Malone exprcssed his understanding of <br />Mr. Rckuski's prcdicament. He pointed out, howcver, that the only alternative would have been <br />to deny the plat. <br />