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City Council Minutes Page 4 <br />January 18, 2022 <br />Jim Swanson,13701185`s Ave. NW, stated the easement should be left as -is. <br />Gerald Waite, 13679185`' Ave. NW, addressed the drawings of potential <br />developments the Planning Department had prepared. He stated he is not looking to <br />create 10 new lots. <br />Bruce Rahn, applicant, 13665185t6 Ave. NW, stated the easement is not being <br />used as intended, as access for new homes in the area. He stated he pays the taxes on <br />the property and should be allowed to do what he wants with it. <br />Mayor Dietz closed the public hearing. <br />Mayor Dietz questioned why the city would give up the easement if there was any <br />potential to put a road in that space or develop the area. He asked how the city could <br />acquire the land for a road if they give up the easement. <br />Mr. Leeseberg stated the city would have to buy the land. <br />Mayor Dietz asked how the easement is currently being used. <br />Mr. Leeseberg stated adjacent neighbors are currently using the easement to access <br />portions of their property. The applicant could not put up a permanent structure <br />while it is designated as an easement. <br />City Attorney Beck added the easement was granted for public street and utilities. <br />Unless the city puts a public street or utility in the easement there is no right for <br />others to use the easement as access. <br />Councilmember Westgaard noted a development in the area would need <br />participation from several of the lots and could not be done on one lot. He <br />questioned whether the city was not allowing the applicant to use his property. <br />City Attorney Beck stated the easement was granted with land use approvals and not <br />taken by the city. The city has no obligation to vacate it if the council feels there <br />could be potential use and public benefit. <br />Councilmember Wagner asked if there are any other easements in the area that may <br />connect in the future. <br />Mr. Leeseberg stated he found no other public easements across the adjacent <br />properties. <br />Councilmember Christianson expressed concern that the council would <br />"pigeonhole" options to develop the area in the future by vacating the easement. <br />�1■EIE/ 11 <br />[NA�E <br />