Agenda - Council - 06/08/1999 - Laserfiche WebLink

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I ,I I I I I I I I I I I I I I I I I I CASE # ADOPT ORDINANCE TO VACATE DRAINAGE AND UTILITY EASEMENT; CASE OF MICHAEL GOBERNATZ By: Zoning Administrator Sylvia Frolik Background: Michael Gobematz resides at $900 177~ Avenue N.W. and is proposing to add a detached garage to his property. Because of sharp declines in topography in the rear yard, the most logical location for the new detached garage is between the home and the west property line. The following items are enclosed for your information: a) Site location map b) Site plan c) Exhibit of proposed easement vacation d) Proposed easement vacation ordinance Notification: In accordance with State Statute, staff attempted to notify all persons owning property within 350 feet of Mr. Gobernatz' property of the request for easement vacation and related public hearing. Observations: The side yard setback from the west property line is 10 feet, which is equal to a 10 foot drainage and utility easement along the west property line. The farthest Mr. Gobematz can set the garage from the west property line is 6 feet. In accordance with City Code, he made application to the Board of Adjustment and on June 1 received a 4 foot variance to the 10 foot side yard setback. He still cannot build the garage 6 feet from the west property line unless Council adopts the ordinance that was introduced on May 25 to vacate 5 feet of the 10 foot drainage and utility easement. In accordance with the City Charter, the ordinance to vacate a portion of Mr. Gobernatz' easement is now eligible for adoption. Recommendation: City Staff recommends adoption of the ordinance at this time. Council Action: Motion to adopt Ordinance #99- 0~1o vacate a portion of the drainage and utility easement on Lot 2, Block 1, Gobernatz Addition. Review Checklist: City Attorney City Engineer Community Development Director CC: 06/08/99