City Council Minutes 2001 01 02 - Laserfiche WebLink

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Louisville City Council Meeting January 2, 2001 Page 7. COUNCIL COMMENTS Davidson stated that he viewed the video recording of the Council meeting of June 16, 2000. He noted that in the conservation easement, "the terms of dedication do not allow any grading activity within the easement or outlot." He stated that was standard language, however at that Council meeting the applicant asked for grading. The applicant was told that Council would not approve grading until the building proposal was submitted. Davidson asked Staff if the 8' access easement is intended to be a driveway. Wood stated that it was. Davidson asked if the City owns and maintains driveways for other property owners. Wood stated that this is not a fee dedication as a right-of-way would be. He noted that Colorado Tech Land Company, LLC owns the access easement, but the City would have an interest in the dedication of the easement. Wood stated that the City is only interested in the dedication of access easement for emergency vehicle access. City Attomey Sam Light pointed out that in the original plat of The Business Center was a 20' wide access and utility easement dedication to the public. Therefore, the City does have an ownership interest in the easement. He stated that if the City no longer wanted that 20' easement, it would have to vacate its interest by ordinance. Davidson stated that he understood that the PUD indicates that the land is reserved for future access, but that the property owner, who profits from that access, should maintain and pay for the access. Sisk asked West if it was the applicant's position that they want compensation for the 8' of property at some point in time, when and if it's utilized, or now. West stated that the applicant wants compensation when the access is utilized. Sisk stated that he believed that the applicant is entitled to compensation, but he would prefer to have the owners negotiate a fixed price for the parcel. West stated they would prefer that as well, however the other issue is the owner currently living in the house might not be the person who assumes the property. Wood clarified that the intent is not to take ownership of the land. The intent is to, in the same scope of the original platting of The Business Center, make sure that a legally conforming access would be in place through an access easement, as there will be no other access available.