Legislation Details

File #: 15-00217    Version: 1 Name:
Type: Ordinance Status: Failed
File created: 3/25/2015 In control: City Council
On agenda: Final action: 4/28/2015
Title: An ordinance vacating a portion of First Street public right-of-way consisting of 4,356 square feet (.1 acres) located between Beech Avenue and Broadmoor Avenue. (Legislative Matter)
Attachments: 1. First Street Right-of-way Vacation CC Presentation, 2. Vacation ROW - 1st Avenue 04.02.pdf, 3. Exhibit A, 4. Criteria-7.7.402.C-Vacation of ROW, 5. Figure 1_Broadmoor_Plat, 6. Figure 2_Utility Locate, 7. Figure 3 Neighbor letters


Title
An ordinance vacating a portion of First Street public right-of-way consisting of 4,356 square feet (.1 acres) located between Beech Avenue and Broadmoor Avenue.
(Legislative Matter)
Body
From:
Peter Wysocki, Planning and Development Director, Planning and Development Department

Summary:
CPC V 14-00125

This is a request for a vacation of City right-of-way involving First Street between Beech Avenue and Broadmoor Avenue. The request is to vacate twenty (20) feet of right-of-way, which equals 0.1 acres or 4,356 sq. ft., along the entire frontage of the subject property located at 19 Beech Avenue. The proposed vacation ordinance retains a public utility easement over the entire portion of the proposed vacation preserving the City's rights to access existing and future infrastructure in the area (see Exhibit A attached to the ordinance).

Previous Council Action:
The City Council has previously granted numerous vacations of right-of-way within the Broadmoor neighborhood that include:

? 1982: Vacating a portion of Beech Avenue between Lake Circle and First Street;
? 2004: Vacating portions of Lake Circle, Pourtales Road and Mesa Avenue;
? 2008: Vacating portions of First Street (20-feet on either side) and Hazel (20-feet on either side).

Background:
The property owner seeks to vacate twenty (20) feet of the First Street right-of-way along the frontage of the subject property from Beech Avenue to Broadmoor Avenue. The purpose of the applicant's request to vacate the right-of-way is two-fold: first, a portion of the home encroaches into the existing right-of-way and the required twenty-five (25) foot front yard setback (a corner of the home is near the property line); and second, the property owner is slightly under the allowed maximum lot coverage (20%) for this zone district (R - Estate). The proposed vacation would provide the homeowner flexibility for a future home addition without exceeding the maximum lot cov...

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