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. . .- . I . . . . I. I . . . I I I .e I ARDEN HILLS CITY COUNCIL - JUNE 24. 1996 12 Councilmember Hicks inquired regarding how close the roadway can be constructed to the right- of-way without causing landscape or tree damage. Mr. Filla estimated nine feet. Councilmember Hicks stated he thinks the City can realign the roadway to eliminate the need to purchase additional easements. Mr. Filla reiterated there is a need for snow storage. Mayor Probst stated the City is committed to relocating the roadway to correct the alignment but he does not want to delay construction of the project. He stated he understands construction is currently being held up and asked if the project can proceed if the City has a prescriptive easement. Mr. Filla explained since it is a prescriptive easement, it would prevent anyone from claiming trespass but all activity would have to remain within the improved road surface area (equipment, etc.). Mayor Probst supported remaining within the existing right-of-way until the north/south section of roadway at Ashbach's property and, if possible, not change the right-of-way. Councilmember Hicks agreed that would be preferable even if the roadway is not aligned in the center of the right-of-way. Mr. Filla advised that as a result of this process, it has been discovered that the garage portion is about 17 feet from the right-of-way and about 30 feet from the improved road surface, which does not meet current setback requirement. Therefore, the owner is requesting approval of a variance to legitimize the location of the garage. Mr. Filla stated he would make that recommendation to the Council since the need for this particular variance occurred as a result of either a Code amendment or misalignment of the roadway. Mayor Probst inquired how this property could be successfully sold without a title problem appearing. Mr. Filla explained this easement situation may not result in an impact to the salability of the property. Mr. Fritsinger noted the property stakes which the property owner was concerned with. Mr. Filla suggested that if there is only a two foot concern, that the right-of.-way be reduced by two feet. Council concurred. MOTION: Malone moved and Hicks seconded to adopt Resolution #96-45 Authorizing Condemnation of Street, Utility, and Drainage Easements in Connection with Oak Avenue Reconstruction. The motion carried unanimously (4-0).