AGENDA ITEM REPORT
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A RESOLUTION VACATING A 10-FOOT WIDE DRAINAGE EASEMENT FOR THE PROJECT KNOWN AS THE PARRISH RESIDENCE GENERALLY LOCATED AT 631 NW 42 AVENUE WITH SAID EASEMENT LEGALLY DESCRIBED IN EXHIBIT “A,” ATTACHED HERETO. (QUASI-JUDICIAL)(PUBLIC HEARING)
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BACKGROUND:
The applicant, Archibald Wesley Parrish, on behalf of the property owner, Barbara J. Parrish, is seeking approval for the vacation of a ten (10) foot drainage easement that exists under their home at 631 NW 42 Avenue in the South Creek neighborhood. The property was platted with the drainage easement in 1971 and the home was constructed in 1979 on top of the easement, without utilizing the easement.
DISCUSSION:
Pursuant to City Code Section 13-42(c)(2), applications to vacate an easement must meet minimum standards for review prior to scheduling them for a City Commission public hearing. Applications must be reviewed by the applicable City departments and the City’s Development Review Committee (DRC). The City Commission will schedule and conduct a public hearing, and will either approve, approve with modifications, or deny the application in accordance with the best interests of the public welfare.
The following is a summary of City staff findings for this application:
• The DRC held a meeting May 11, 2023, to discuss comments on this application. The applicant revised the application to satisfactorily address the comments.
• The Utilities and Engineering (U&E) Department, along with all applicable utility service providers for this neighborhood, confirmed that no utilities exist within the drainage easement and have no objection to the vacation.
• City staff finds that the existing easement no longer serves a public interest and vacation of the easement is in the best interests of the public welfare.
RECOMMENDATION:
Staff recommends approval of this resolution.
FISCAL IMPACT: N/A