Legality of Meadowlark Lane driveway debated
By Jeremiah Stettler
SMITHFIELD -- Land owner Allen Olsen came to the Smithfield Planning and Zoning Commission Wednesday to discuss access to his property, which adjoins the Three Creeks Estates subdivision on Meadowlark Lane.
Obtaining access to public roads from an adjacent cul de sac was proposed, but concerns were voiced concerning the legality of constructing a driveway. As outlined by Smithfield ordinance, subdivision lots are required to maintain a 100-foot frontage to public road.
Planning and Zoning Commission Member John Wells said exceptions can be made if they are in accordance with the zone's intent. "Subdivisions must have a 90- to 100-foot frontage onto a public road. But because this is a planned unit development, the Planning Commission can alter that if they feel it still meets the intent of the zone."
Although Olsen has been given the right-of-way to a private road adjacent to Margaret Lubke's property, he is concerned that improvement of that access could be detrimental to Lubke's privacy and property should erosion or tree removal occur.
"I want to preserve Margaret's privacy," Olsen said. "I don't want to knock down trees or do something that would eventually cause erosion.
City Engineer Jim Gass suggested Olsen purchase an adjoining property, namely lot 16, to extend his frontage along the cul de sac. Additional options were proposed along the western edge of a nearby hillside protection area. Amendments to city ordinance would be required, but access is under consideration.
Olsen said he is willing to work through planned unit development to obtain the proper frontage requirements and access to his property.
In other business, Smithfield resident Vern Clark received approval for a minor subdivision on 225 East 400 South pending compliance with two Smithfield ordinances.
Wells said city policy requires the proper installation of a gutter, curb and sidewalk prior to receiving approval as an official subdivision. Although Clark is in compliance with much of the ordinance, Wells said a sidewalk has yet to be constructed.
Additional provisions were discussed, requiring verification from the irrigation company to ensure that secondary water lines had been stubbed into the lots properly. Clark said water is available to each of the three lots, but contends that his property had been developed and approved for more than 35 years. Adhering to new standards has resulted in a substantial financial loss, he said.
Rik Vernon moved for the project's approval, but indicated that the
commission's support was pending the changes outlined under Smithfield
ordinance. Further discussion will take place at the City Council meeting
Archived Months:September 1998