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PLANNING FILE 12-007 1 Request by Kevin Miller for approval of a partial SEWER EASEMENT VACATION at 1770 2 Chatsworth Street 3 Chair Boerigter opened the Public Hearing for File 12-007 at approximately 6:45 p.m. 4 Associate Planner Bryan Lloyd briefly summarized the request to vacate the existing sewer easement 5 that crosses his parcel in order to rebuild a garage that would extend to the five foot (5’) setback line 6 except that the easement is presently in the way. 7 Mr. Lloyd, from a historical perspective, advised that when lots platted in 1940’s, sewer easement platted 8 along subject and adjacent neighbor fronting on Victoria Street. Mr. Lloyd advised that since then, no 9 sewer infrastructure had been installed, and there was no known intent by the City to use it for that 10 purpose. Mr. Lloyd noted that, in such a case, adjoining property owners can request vacation and the 11 easement would become additional, usable space for that property owner. 12 Mr. Lloyd advised that the City’s Public Works Department recommends APPROVAL of the proposed 13 EASEMENT VACATION, as detailed in Section 7 of the Request for Planning Commission Action dated 14 May 2, 2012. 15 Discussion among Commissioners and staff included clarification that the Easement Vacation was 16 reviewed and recommended by Public Works and Zoning Departments, and would facilitate the Building 17 Permit process to proceed; rationale in retaining a portion of the easement (northern 5’) at this time, since 18 that property owner had not requested its vacation and was subject to a $300 application fee to process; 19 typical dedication of easements to adjacent parcels; and comments fielded by staff from adjacent property 20 owners within the legal notice area. 21 Mr. Lloyd advised that most of the calls had been for clarification of the easement and requested 22 vacation, with the majority not even aware of the existence of the easement; and upon understanding that 23 there would be no assessment to them for any future sewer work, no one had any further issues. 24 City Planner Paschke concurred, noting that upon receipt of the post card notice, most had been unaware 25 of the easement of that there was an unimproved road right-of-way existing in their neighborhood; and 26 that staff had basically responded to inquiries from an educational process perspective. 27 Applicant, Kevin Miller, 1770 Chatsworth Street 28 The applicant was in the audience and advised (off-microphone) that he had nothing to add to staff’s 29 report; and would also have no objection to his adjacent neighbor receiving a benefit from his personal 30 application. 31 Chair Boerigter closed the Public Hearing at approximately 6:54 p.m., with no one appearing for or 32 against. 33 Deliberation 34 At the request of Member Strohmeier, Mr. Lloyd explained the State Law provisions for process these 35 vacation requests through the Planning Commission, rather than through the City’s Public Works, 36 Environment and Transportation Commission. 37 MOTION 38 Member Gisselquist moved, seconded by Member Boguszewski to recommend to the City Council 39 APPROVAL OF THE VACATION of the southern five feet (5’) of the sewer easement at 1770 40 Chatsworth Street; based on the comments and findings of Sections 4-6 and the 41 recommendations of Section 7 of the staff report dated May 2, 2012. 42 Ayes: 7 43 Nays: 0 44 Motion carried. 45