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I <br />I <br />ie <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />CASE # <br /> <br /> REQUEST TO VACATE DRAINAGE AND UTILITY EASEMENT; <br /> CASE OF MICHAEL GOBERNATZ <br /> By: Zoning Administrator Sylvia Frolik <br />Background: <br /> <br />Michael Gobernatz resides at 5900 177'~ Avenue N.W. and is proposing to ad~ a detached garage <br />to his property. Because of sharp declines in topography in the rear yard, the most logical <br />location for the new detached garage is between the home and the :west property line. The <br />following items are enclosed for your information: <br /> <br />a) <br />b) <br />c) <br />d) <br /> <br />Site location map <br />Site plan <br />Exhibit of proposed easement vacation <br />Proposed easement vacation ordinance <br /> <br />Notification: <br /> <br />In accordance with State Statute, staff attempted to notify all persons owning property within 350 <br />feet of Mr. Gobematz' property of the request for easement vacation and related public hearing. <br /> <br />Observations: <br /> <br />The side yard setback from the west property line is 10 feet, which is equal to a 10 foot drainage <br />and utility easement along the west property line. The farthest Mr. Gobernatz can set the garage <br />from the west property line is 5 or 6 feet. In accordance with City Code, he has made application <br />to the Board of Adjustment for a 5 foot variance to the 10 foot side yard setback. If granted, the <br />variance is of no value unless at least 5 feet of the drainage and utility easement is vacated. <br /> <br />The standard drainage and utility easement along common property lines is 5 feet. In reviewing <br />Mr. Gobernatz' 10 foot easement on the west property, City Staff has determined that there was <br />no particular reason that 10 feet was dedicated on the plat. Staff is assuming that the plat was <br />drawn with 10 foot easements and because there is a 10 foot structure setback, it probably wasn't <br />cost effective to have the final plat mylars redrawn to reduce the drainage easement to 5 feet. <br /> <br />Recommendation: <br /> <br />City Staff recommends approval of the request for easement vacation. <br /> <br />Council Action: <br /> <br />Motion to introduce ordinance #99- to vacate a portion of the drainage and utility easement <br />on Lot 2, Block 1, Gobematz Addition. <br /> <br />Review Checklist: <br />City Attorney <br />City Engineer <br />Community Development Director <br />Community Development Assistant <br />CC: 05/25/99 <br /> <br /> <br />