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CCP 07-08-1996
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CCP 07-08-1996
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<br />------ <br /> ... 'I <br />~.~:\ I <br />Q \\.;p",\ <br />1?0.. t <br />'\)''',c,_ ARDEN HILLS CITY COUNCIL _ JUNE 24,1996 12 -I <br />Councilmember Hicks inquired regarding how close the roadway can be constructed to the right- <br />of-way without causing landscape or tree damage. Mr. Filla estimated nine feet. I <br />Councilmember Hicks stated h,e thinks the City can realign the roadway to eliminate the need to <br />purchase additional easements. Mr. Filla reiterated there is a need for snow storage. I <br />Mayor Probst stated the City is committed to relocating the roadway to correct the alignment but <br />he does not want to delay construction of the project. He stated he understands construction is I <br />currently being held up and asked if the project can proceed if the City has a prescriptive <br />easement. Mr. Filla explained since it is a prescriptive easement, it would prevent anyone from <br />claiming trespass but all activity would have to remain within the improved road surface area I <br />(equipment, etc.). <br />Mayor Probst supported remaining within the existing right-of-way until the north/south section I <br />of roadway at Ashbach's property and, if possible, not change the right-of-way. Councilmember <br />Hicks agreed that would be preferable even if the roadway is not aligned in the center of the <br />right-of-way. I <br />Mr. Filla advised that as a result of this process, it has been discovered that the garage portion is <br />about 17 feet from the right-of-way and about 30 feet from the improved road surface, which .. <br />does not meet current setback requirement. Therefore, the owner is requesting approval of a <br />variance to legitimize the location of the garage. Mr. Filla stated he would make that <br />recommendation to the Council since the need for this particular variance occurred as a result of I <br />either a Code amendment or misalignment of the roadway. <br />Mayor Probst inquired how this property could be successfully sold without a title problem I <br />appearing. Mr. Filla explained this easement situation may not result in an impact to the <br />salability of the property. I <br />Mr. Fritsinger noted the property stakes which the property owner was concerned with. Mr. Filla <br />suggested that if there is only a two foot concern, that the right-of-way be reduced by two feet. I <br />Council concurred. <br />MOTION: Malone moved and Hicks seconded to adopt Resolution #96-45 Authorizing I <br /> Condemnation of Street, Utility, and Drainage Easements in Connection with Oak <br /> A venue Reconstruction. <br />The motion carried unanimously (4-0). I <br /> I <br /> .. <br /> . <br />
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