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/ ~ <br />~1~ R1 <br />ITEM 8.16 <br />MEMORANDUM <br />~~~ TO: Mayor & City Council <br />~/ FROM: Steven B. Ach, City Planner- ~~. <br />DATE: July 17, 1995 <br />SUBJECT: Request for Establishing a Private Road <br />by David Hauan, Case No. GZ 95-2. <br />Issue <br />Consider a Private Roadway Agreement for David Hauan to accommodate <br />further development of his property. <br />Overview <br />Mr. Hauan is requesting approval of a Private Roadway Agreement to allow <br />the use (and possible sale) of his property. The proposed use that is expected <br />to occur is an outdoor storage area that would be operated by Jim Charest. <br />• Before a new business or use of the property can occur proper access to the <br />property needs to be accomplished. Since there is no public right-of--way or <br />improved road providing access to the property, one of the options would be <br />to approve a Private Roadway Agreement, which is being requested by Mr. <br />Hauan. <br />Background <br />There have been several actions leading up to this point in the process. The <br />following is a summary of staffs understanding of the history of events, based <br />on conversations with Mr. Hauan and information contained within city <br />records: <br />• In August of 1978, Mr. Hauan purchased the 38 plus or minus-acre parcel <br />along with a 30-foot driveway easement from highway 10 to the southeast <br />corner of the parcel. (Exhibit J) <br />• In March of 1979, two 5-acre parcels were divided off the 38-acre parcel. <br />There are no records of the city approving this subdivision. (Exhibit I) <br />• On September 3, 1985, the City of Elk River approves an administrative <br />subdivision for John Weicht to adjust the property line of one of the 5-acre <br />parcels. In addition, the city required a Private Roadway Agreement <br />providing for emergency access to the subject property (Exhibits G and H). <br />• • On May 10, 1995, staff meets with Mr. Hauan and informs him that <br />permits would be necessary prior to any work being done on his property. <br />S: Council/GZ95-2 <br />13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 <br />