5/18/1983 - Laserfiche WebLink

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MAY 18 1983 At the time this portion of property is subdivided into 4 individual pieces of property, which will require submittal of a subdivision application, the County would like to see a non -access easement and would like to see access gained through 44th Avenue so there would be no driveways at all onto 43rd Ave. That is the condition staff recommends for approval of the request. Commissioner Wodtke asked Attorney Brandenburg if we have the legal authority to require this and Attorney Brandenburg stated that we have the legal ability to acquire non -access easements when approving a subdivision; and legal authority to disapprove the abandonment or make an abandonment subject to retaining any reservations desired. Discussion followed regarding compensation on R/W abandonments, and the Attorney explained that when a right-of-way is abandoned, that land reverts to the abutting property owners from the center line of the former right-of-way; the exception to that is when the original road dedication itself contains a reverter in the case of abandonment by County. Those type of reverters are no longer permissible under our new subdivision ordinance and would only occur in real old platted roads. He did not know whether the County has established a firm policy in this regard; this would be something the Commission would have to decide. Chairman Bird opened the Public Hearing and asked if anyone wished to be heard. Mr. Sid Lysne, father of tenants in common Dena Lysne Rockey and Lynn Ann Lysne, addressed the Board and explained that separation of ownership should have been done ten years ago. He urged the County to release this abandonment and requested that the Board approve the request today. Commissioner Wodtke asked Mr. Lysne if he had any problem with a deed restriction re access and Mr. Lysne 28