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This map shows a housing development along Eighth Avenue Northwest that has been proposed by the Pipestone Development Company. The first phase of the project would include six lots along Eighth Avenue with the other lots to the east developed at some future time. Source: City of Pipestone
Pipestone County Commissioners during their Dec. 23 meeting again denied a request from the Pipestone Development Company (PDC) for a permit to build driveways for six lots it plans to develop for residential homes on land it owns on the east side of Eighth Avenue Northwest in Pipestone, which is also County State Aid Highway 15.
The commissioners previously denied the permit request in June. At that time, Pipestone County Highway Engineer Nick Bergman said he denied the permit because adding driveways onto a busy road increases the probability of a crash, he was concerned the driveways could have a negative impact on the city’s Safe Routes to School (SRTS) project and there is a hill to the south that would impact the visibility of the driveways. The PDC didn’t agree with Bergman’s initial decision, so Bergman said he checked with Minnesota Department of Transportation (MnDOT) engineers and they concurred with his assessment.
In November, the Pipestone City Council voted to support the project and representatives of the city and PDC brought the matter back to the commissioners for further discussion.
City Engineer Travis Winter highlighted the benefits of adding housing to the community and said there are always safety concerns when there is driveway access onto a road, but that the area along Eighth Avenue is flat with no hills or curves that would cause sight line issues, and that it would not interfere with the SRTS plans.
“Adding accesses there also would provide some traffic calming,” Winter said. “I know it’s on the edge of town so you get vehicles that are changing speed in that area, but increasing access points does tend to slow traffic down.”
Bergman said he thought there was “reasonable access” from Seventh Avenue Northwest and that denying the permit was consistent with the Pipestone County comprehensive plan and Pipestone County zoning ordinance as well as access management guidelines from MnDOT.
“I do support that area getting developed,” Bergman said. “I think that would be good. I just would like to see it done in a manner safer for the traveling public.”
Commissioners also favored the idea of accessing the area from Seventh Avenue and pointed out that other developments in the community had been built with backyards facing busier roads and driveways entering onto lower traffic roads.
“If Seventh just ran straight through, these six homes could have the backyards against Eighth Avenue, which would be a much safer condition,” said Commissioner Doug Nagel.
Winter said there are always options, but adding significant infrastructure such as a new street to provide access to the first six lots would be cost prohibitive. He said phase one of the PDC’s proposal includes the six lots along Eighth Avenue using existing infrastructure and the second phase would include adding a street and infrastructure to support additional lots to the east.
PDC President Jeremy Whipple referenced a 2008 version of the MnDOT Access Management Manual that indicated that “Except where Mn/DOT has acquired access rights, abutting property owners are entitled to reasonably convenient and suitable access to the highway.” Another portion Whipple read indicated that “Mn/DOT regulates access as an exercise of the police power of the state: the power to impose restraints on private rights as necessary for the general welfare. Regulations or restrictions on access that are legitimate exercises of the police power are generally not compensable. However, if the restriction on access denies a property owner reasonably convenient and suitable access, the denial becomes a taking of a property right, subject to compensation.”
“If we apply for these driveways and you deny them, you have to pay us for our property,” Whipple said, of his interpretation of the Access Management Manual.
He said he’d prefer that the county would work with the PDC regarding the project.
“We have no spot in this community where we can build a 1,100 to 1,500 square foot house with what you might call affordable living, which is a $350,000 to $400,000 house, which is what we want to do here,” Whipple said.
City Administrator Stephanie LaBrune expressed the city’s support for the proposed development and presented a map to the commissioners showing that a water main would be accessible to the lots in the boulevard along Eighth Avenue.
The opinions among the commissioners varied and were largely consistent with their June vote when Wildermuth, Nagel and Dallas Roskamp voted against the driveway permits and Luke Johnson and Chris Hollingsworth voted in favor. Roskamp said he still had concerns about safety and Johnson said he thought the safety issue might be overblown. Wildermuth agreed that there was a need for development of new housing in the city and asked if Bolton & Menk could provide a letter explaining why the county should allow the driveways into Eighth Avenue. Winter said that could be done.
After a lengthy discussion, Johnson made a motion to approve the driveway permits and said growth was needed in the city. Hollingsworth seconded the motion and indicated that he’d like to see population growth. Wildermuth made a motion to table the vote in order to obtain more information from Bolton & Menk and MnDOT, but that motion failed for lack of a second. Johnson’s motion to allow the driveways failed 2-3 with commissioners Nagel, Roskamp and Wildermuth opposed.