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<br />REQUEST FOR PLANNING COMMISSION ACTION <br />DATE: OS/27/98 <br />ITEM NO: 6(d) <br />Agenda Section: <br />PUBLIC HEARINGS <br />Barry O'Meara request to vacate and release utility and roadway <br />easements with the plat of Bonnie's Estates (PF3010). <br /> <br /> <br />1.0 REQUESTED ACTION <br /> <br />1.1 Barry O'Meara is requesting the vacation and release of utility and roadway <br />easements within the plat of Bonnie's Estates. This plat was approved by the City <br />Council in 1995; however, Mr. O'Meara has been unable to record the plat because <br />of the encumbrance placed upon it by these easements. <br /> <br />2.0 BACKGROUND <br /> <br />2.1 The new plat consists of three lots along the south and west side of the Milton Street <br />cul-de-sac. Mr. O'Meara is requesting the vacation of an underlying road right of way <br />and utility/storm sewer easement across the western and southern edge of the <br />property directly adjacent to the cul-de-sac. (See the sketch and description, <br />attachment "A") <br /> <br />2.2 The utility storm sewer line within this easement provides service from an existing <br />pond west of the site to a pipe east of Milton Street. <br /> <br />2.3 While the utility easement must still run east-west through Lot 1, and the easement <br />cannot be built upon, a driveway could be constructed in this location. The applicant <br />is working with the City's planning and building codes staff regarding the location of <br />housing on the remainder of Lot 1. Because the footprint size of the proposed house <br />will be limited by the easement and how close to the easement the house is placed, <br />the City's engineering staff will also need to review plans to build adjacent to this <br />utility/storm water drainage easement. <br /> <br />2.4 Section 1013.04 outlines the procedure for vacating streets, alleys, and easements. <br /> <br />3.0 STAFF COMMENT <br /> <br />3.1 In reviewing this request, staff has made the following findings: <br /> <br />1. The road easement to be vacated will not be needed because of the new plat <br />road dedications and easements that will be placed on the site. <br /> <br />2. The vacation of a portion of the existing utility easement will not have an <br /> <br />PF#3010 - RPCA (05/27198) - Page 1 of 2 <br />