Cook County resident and property owner John Scheef just can’t seem to gain access to his property. He owns 80 acres on the hillside just north of County Road 7 that is locked in by U.S. Forest Service land, county land, city land, and private land. Over the last several years, he has made several requests of the county regarding this parcel, including a land exchange request. He appeared before the county board on September 24, 2013 with his attorney, Baiers Heeren, to ask the county once again for an easement through county property.
In discussing the possibility of granting access through county property, one commissioner suggested requiring Scheef to construct a roadway that would be up to county road standards, while another suggested denying a road that would be up to the standard necessary for a planned unit development.
Scheef has been unsuccessful in obtaining easements that would lead to nearby roads—Brandon Lane to the west, the Old Ski Hill Road to the northeast, and the Gunflint Trail to the east. He does have a legal right to his property, and if no one voluntarily gives it to him, he will have to pursue access via a cartway.
Commissioner Bruce Martinson suggested that if the county gave Scheef an easement to the Old Ski Hill Road, they could require the roadway to be built to county road standards, with a 66-foot right of way. Scheef wondered why a roadway like that would be necessary to reach undeveloped land but said he was open to discussing options with the county.
Commissioner Heidi Doo-Kirk said the residents of her district are not okay with the request and made a motion to deny it. Commissioner Garry Gamble seconded the motion, recommending that the board first come up with a plan for the future of development in that area.
The parcel is landlocked, Attorney Heeren said, but “he is entitled to access.” He said Mr. Scheef has been trying to find the least intrusive access to his property. The cartway statute is in place for situations in which neighboring property owners are unwilling to grant easements. One option, he said, would be for Scheef to enter into a development agreement with the county as a contingency for granting easement.
County Attorney Tim Scannell asked why Scheef didn’t simply petition for a cartway. Attorney Heeren said a cartway wouldn’t outline the specifications for the roadway like an easement would.
Scheef could divide the 80 acres into 16 parcels, Commissioner Doo-Kirk said.
If he wanted to create a planned unit development, Attorney Scannell said, he would need to follow county ordinances. He could work with the Planning & Zoning Department to come up with a development plan.
“I don’t have any imminent plans to develop the property,” Scheef said. “…I’m open to working with Planning & Zoning.” He indicated he does have some long-term development ideas, however. “I want the community to feel that I’m not trying to push something down their throat,” he said. This is really a two-step process, he said: access and development.
Development in the county should be planned, said Commissioner Gamble, and the county would want to know what his long-term plan is.
Scheef has a right to access his property no matter what his development plans are, Attorney Scannell said.
Commissioner Bruce Martinson said he thought development permits would dictate the type of road that would be needed. He said it seemed clear from the topographical map they had that Scheef ’s suggestion to put in a roadway on the east end of his property to the Old Ski Hill Road would be the least intrusive because of the contours of the land.
Commissioner Sue Hakes said she disagreed with Commissioner Martinson. They could grant a cartway, she said, but that wouldn’t mean a road could be built that would be up to the standards needed for a planned unit development.
The board indicated to Scheef that he would need to start the process of requesting a cartway in order to get access to his land.
Septic hearings in outlying communities
Both Schroeder and Tofte townships sent letters to the county board requesting that additional public hearings on the proposed septic ordinance be held in outlying areas of the county as well as the one scheduled for September 25 in the courthouse in Grand Marais.
West End Commissioner Martinson had suggested to both township boards that they send the letters. East End Commissioner Jan Hall said she agreed that additional hearings should be held in other parts of the county.
Grand Marais is the county seat and is the center of the county, Commissioner Doo-Kirk said, and county residents had been notified of the meeting.
People living up the Gunflint Trail come through Grand Marais anytime they have to go anywhere, Commissioner Martinson said, but some people in the West End never come to Grand Marais.
The board took no action on setting up any further hearings. They had previously decided they would consider holding another hearing if it seemed like a good idea after the first one in Grand Marais.
A public hearing on the proposed Tofte cell tower was held at the same September 25 Planning & Zoning Board meeting in which the proposed septic ordinance public hearing took place. On September 24, Commissioner Gamble said he appreciated the “thoughtful and well informed” letter the board had received from Paul Hansen in opposition to the proposed tower site and agreed with Hansen’s recommendation. Commissioner Doo-Kirk said the Planning & Zoning Department had received “thoughtful and well informed” letters from the other side.
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