CCP 01-26-1998 - Laserfiche WebLink

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... I CITY OF ARDEN HILLS . MEMORANDUM DATE: January 23, 1998 TO: Mayor and City Council ----::---- Brian Fritsinger, City Administra,tor '{p</ \ FROM: I j / / SUBJECT: Shepley Easement Agreement \,_.~_/ Back!!'round The City Council should recall that, as part of the 1996 Street Improvement project, the City was required to obtain an easement from Rick and Janet Shepley, 1550 Oak Avenue. This easement was related to the need to acquire additional right-of-way (R-O, W) for the road which is constructed outside the recorded R-O-W. Negotiations on this easement have taken place over the last two years. The City Council last discussed this issue in early December 1997. Since this time, the City Attorney and the Shepley's have negotiated an agreement consistent . with the direction previously received from the City Council. A copy of this agreement is attached. What is the Financial Settlement? The final settlement is $4,000. What Other Components are Part of the Agreement? The City will agree to vacate the excess R-O-W described in the agreement. This excess R-O- W is not required for any public purpose. The City will consider granting a variance to the property. Prior to road construction, the existing garage was seventeen feet (IT) from the R,O- W, and thirty-two feet (32') from the existing road surface. Upon completion of the road, the garage is approximately fifteen feet (IS') from the R-O-W, and thirty feet (30') from the improved road surface. The City's setback standard for a comer lot is forty feet (40'). The City Council should recall that, when Oak Avenue was originally constructed, it was not built within the existing R-O- W. The road was shifted to the west, apparently to avoid the hill, and was constructed outside the R-O-W. In order to reconstruct the road in 1996, the road was once again shifted slightly to the west to allow the property radius on the curve. The location of the road outside the R-O-W has contributed to the homeowner's request for a variance. The variance and R-O- W vacation will most likely be reviewed by the Planning Commission at its . March, 1998 meeting.