1983-09-27 - Laserfiche WebLink

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1 I 1 City of New Brighton September 27, 1983 Page Five Councilmember Benke asked the- City Attorney what would happen to the sixty-foot right-of-way if the Council authorized the parking pad with the existing driveway. The City Attorney responded the public right-of-way can be lost by continuing to allow it to be used with the City's knowledge. Councilmember Benke stated in view of the problems that would be created with the rights-of-way, the possibility of vacating the right-of-way if it is not going to be used for a street, should be considered. The City Planner responded that if the right-of-way was abandoned, half of it would go to the property owner and half to the City, and the existing driveway would have to be removed. Councilmember Benke stated he was concerned with the sixty foot right-of-way and its use as a private driveway without conditions to its use. The City Attorney stated that there may not be an adverse use since the applicant does not exclude the public from its use. Councilmember Benke questioned whether the City had a potential liability for its use if the public uses it, and that given the history of the legal problems of the property, he did not wish to create more. Motion by Benke, seconded by Blomquist to waive the reading and adopt a RESOLUTION MAKING FINDINGS OF FACT AND RECOMMEN- DING APPROVAL OF SPECIAL USE PERMIT, SP-113, subject to the following change: 1. Only one curb cut be permitted to the property. and subject to the review of adequate insurance coverage and approval from the City Attorney. 5 Ayes - 0 Nayes - motion carried The City Planner reviewed the staff report concern- ing the request by the New Brighton Historical Society for a special use permit. New Brighton Historical Society Train Depot Site Loc. Report #83-255 Gayle Bromander stated the Council had to come to some kind of resolution that evening because of the upcoming expiration of an agreement with Bell Pole for temporary storage of the depot.