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10/9/2007 11:52:23 AM
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Commission/Authority Name
Planning Commission
Commission/Committee - Document Type
Minutes
Commission/Committee - Meeting Date
8/1/2007
Commission/Committee - Meeting Type
Regular
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Planning Commission Meeting <br />Minutes – Wednesday, August 01, 2007 <br />Page 3 <br /> <br />property at 2574 Dunlap Street. Mr. Lloyd noted that, even though Rose Place was not a <br />through street, the applicant’s property as considered a corner lot because it was situated <br />at the southwest corner of the intersection of the Rose Place and Dunlap Street rights-of- <br />way. Mr. Lloyd advised that the requested ROW vacation would move the side property <br />line (and the related setback line) further north, thereby increasing the lot size and <br />expanding the buildable area of the property. <br />City Engineer Debra Bloom advised that, when reviewing requests for vacating public <br />ROW, the Public Works/Engineering Department determines whether the request would <br />immediately, or in the future, have an adverse impact on the general health, welfare, or <br />safety of citizens. Ms. Bloom further noted that a determination needed to be made <br />whether the ROW was or would be necessary to facilitate traffic distribution in a <br />neighborhood, whether existing public utilities were located underneath the ROW, and <br />how best to retain an easement protecting the public’s interest. <br />Ms. Bloom advised that it had been determined, following thorough review by staff, that <br />the City had no plans to improve Rose Place in that location and that the interests of the <br />public would not be compromised by vacating the Rose Place ROW, as long as dedicated <br />easements remained in place to allow continued city access to the underground sanitary <br />sewer, storm sewer and water main infrastructure. <br />Staff recommended APPROVAL of the request for a VACATION of the southern half of <br />the Rose Place RIGHT-OF-WAY adjacent to the property located at 2574 Dunlap Street; <br />based on the comments and findings of Section 5, and the conditions of Section 7 of the <br />project report dated August 1, 2007. <br />Commissioner Gasongo questioned how staff made their determination on potential future <br />development and/or needs of a roadway. <br />Ms. Bloom responded that considerations were given to paper ROW needs and <br />projections and Comprehensive Plan guidelines. Ms. Bloom reviewed the extensive <br />review and discussions held during the town home construction in the 1990’s related to <br />possible connection of Rose Place to Lexington Avenue; however, noted that it had been <br />determined, and favored by residents, that the cul-de-sac was adequate, and no future <br />plans to connect to Lexington Avenue. Ms. Bloom advised that the ROW was determined <br />to be surplus ROW, and other than retaining the utility infrastructure easement, the City <br />had no need for the ROW. <br />Ms. Bloom reviewed underlying fee ownership on dedicated ROW and easement <br />properties; and vacating processes to revert fee ownership back to adjacent properties <br />when deemed appropriate. <br />Additional discussion included the property owner’s intent for the vacated ROW; process <br />for neighborhood property owners to approach the City requesting connection of <br />roadways; purpose of the original ROW; implications of the City retaining ownership <br />versus vacating the ROW; and addressing the application before staff and the <br />Commission at this time, not knowing whether the property owner on the north side will <br />request vacation of the other half of the ROW adjacent to that property. <br />Vice Chair Doherty opined that residents may not want the road connected to limit traffic <br />flow. <br />Additional discussion included setback impacts for existing structures on properties; and <br />process for the City to purchase the property if it were deemed in the future that a road <br />was needed. <br />Applicant, Alan Livingston <br />Mr. Livingston provided his rationale in seeking vacation of the ROW, noting that the <br />property was currently an eyesore, with rodents, overgrown weeds, a refuse catchall, and <br />general disreputable condition for the neighborhood and his property specifically. Mr. <br /> <br />
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