8.16. SR 07-17-1995 - Laserfiche WebLink

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Memo To The City Council July 17, 1995 Page 2 • On May 11, 1995, staff receives a complaint that work is being done on Mr. Hauan's property, whereby Steve Rohlf then issues aStop-Work Order to Mr. Jim Charest, for doing work on Mr. Hauan's property without the appropriate permits. (Exhibit D) Since the Stop-Work Order has been issued, staff and Mr. Hauan have been discussing whether a private driveway has already been approved and provides access to the subject property. A letter from Mr. Hauan's attorney stating their position on this matter is attached. (Exhibit C) Analysis The city Zoning Ordinance discourages the establishment of private streets. However, the city may approve a private street (Exhibit B) if the city determines that: 1. Private ownership will not adversely impact public health, safety and welfare. 2. The design is in compliance with appropriate engineering standards and requirements. 3. A permanent and satisfactory Street Maintenance Agreement, • Association Document (if applicable), and financial assurances exist, ensuring that Citymaintenance will not be required. 4. A permanent and sufficient Right of Access to all users is provided. As mentioned in the Background section above, when John Weicht received approval for his administrative subdivision in 1985, a Private Roadway Agreement was required. This Private Roadway Agreement was extended to serve both of the 5-acre parcels, providing access to Highway 10. It is both staff and City Attorney's opinion that this Private Roadway Agreement was for those 5-acre parcels only, and not the balance of Mr. Hauan's property. Conversely, Mr. Hauan contends that the Private Roadway Agreement, approved by the city, was also to serve his property. Staff has not seen any documentation that would support the Private Roadway Agreement approved by the City, allowing access and further development of Mr. Hauan's property. Therefore, it was suggested to Mr. Hauan that he make a request to have the City Council consider extending the Private Roadway Agreement to serve his property. Extending the private roadway to Mr. Hauan's property will allow for development to occur. Currently, there is interest by Jim Charest to utilize the property as a storage yard for contractor equipment, materials, and other miscellaneous pieces of equipment. In accordance with the Zoning Ordinance, this type of use would be considered a permitted use, and the applicant would not be required to receive Planning Commission nor City S: Council/GZ95-2