PD166-CS 980319 MEMORANDUM
TO: Bob Hager, City Attorney
FROM: Pert Virtanen, Assistant Director of Planning and Community Services [~
SUBJECT: Proposed PD-166, Westbury Manor
DATE: March 19, 1998
Tonight there is likely to be opposition to Ryland's zoning case from the people who live on
Simmons Drive. An issue they are likely to raise concerns the use of their alley by the property
oxvners west of them. A copy of the plat of their property follows.
Their plat shows a 20' utility and alley easement along the west side of their lots. In addition to
utilities, the easement contains a paved alley. Ryland would just as soon build front-ent~~
garages and not use the alley at all. The Planning Department would rather see rear-entry
garages. Both Planning and Engineering contend that the easement is a public easement, that the
public has the right to walk on it, drive vehicles on it, pick up garbage on it, etc. Therefore,
whoever buys the properties shown on the plat as owned by Rehwinkle and Ross, and develops a
subdivision there, has the right to pave rear-entry driveway connections to the alley pavement.
One of the adjoining homeowners raised the question in a letter to Jim Witt. I answered the
letter. Copies of this correspondence also follow. The question and answer I would like you to
read is number 3.
It could come up tonight, so I don't want you to get blindsided.