Swan Lake Right-of-Way resolution approved

Dawn Rye | Writer

During last week’s commissioners meeting a motion was made to adopt the resolution for Swan Lake residents to meet the 40-foot right-of-way regarding any future projects.

Commissioner Tony Ciampa asked if the county is responsible to the rock wall.

State’s Attorney Katelynn Hoffman explained from the center of the road with a 40-foot right-of-way, so 20 feet each side of the centerline is how it is.

Ciampa asked Swan Lake resident Kyle Christiansen where the 20 feet sit on his property?

Christiansen explained from the rock wall it is about 18 feet.

Ciampa said the only reason he is asking because where the pea rock was placed, he believes that needs to be fixed. He recommends tar for better snow removal.

Commissioner Mick Miller noted the county did not resolve anything by changing the right-of-way if Swan Lake residents are still inside the 20 feet and Christiansen is at 18 feet.

Hoffman explained according to the petition, it states from the center of the road, as it exists. She said that is how the resolution was written.

“I don’t think in my mind that we resolved anything,” exclaimed Miller.

Commissioner Jared Hybertson asked how the county determined the center?

Christiansen said there are several houses including the Shore Store that are within 20 feet.

Swan Lake resident Dave Nelson explained right now the centerline is not center between the property lines. He explained in some cases the centerline is on private property.

Morris Christensen asked if his son Kyle was not covered by the paragraph that states if it was grandfathered in as of the date of the signing the petition.

Hoffman said she doesn’t feel that way.

Hybertson asked, “Ten years from now how is the county going to keep track as the road exists now?”

Chairman Lyle Van Hove said, “I think we are making a mountain out of a molehill.”

Miller noted he believes this could cause potential trouble. He explained the county is going through all this process to not resolve anything.

Miller asked Hoffman what her recommendation would be for a fix?

Hoffman explained Christiansen is relying on infrastructure, landscaping and utilities which are on properties in violation of the petition.

Ciampa said from his understanding after the resolution is signed everything back is grandfathered in because Christiansen built before the resolution was signed.

VanHove exclaimed if he is not grandfathered then the rest of them are not grandfathered.

“I thought the point of moving it to the 40-foot right-of-way is to get all of the other ones to meet that,” said Hoffman.

Christiansen explained he is within six feet of his property and his insurance would cover if something would ever happen.

Miller noted there is no point to change the right-of-way if the county is just going to allow anything no matter where it is.

Ciampa said the reason the county is changing the right-of-way is for future projects to comply with the resolution. 

Hoffman explained the problem is to have someone go measure where the right-of-way is now so the county doesn’t have residents come back without having it documented.

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