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AGENDA ITEM 6E <br />STAFF ORIGINATOR: James E. Studenski, City Engineer <br />COUNCIL MEETING DATE: May 10, 2004 <br />TOPIC: PUBLIC HEARING, Easement Vacation <br />FIRST READING, Ordinance No. 13 - 04, Vacating Road Easement, 27 -31- <br />22 -34 -0001, 1390 Karth Road <br />VOTE REQUIRED: 4/5 VOTE REQUIRED <br />BACKGROUND: <br />The applicant at 1390 Karth Road is requesting a vacation of the road easement <br />over the easterly 30' of the property. The property owner is proposing to build a new <br />house and wants to make use of the east portion of his property which has the 30' <br />road easement and the required 30' setback on it. The property to the east also has <br />a 30' road easement for a total of 60'. These easements were on the original plat o f <br />Equity Estates. Road easements also exist on the properties to the south. <br />The City's Transportation Plan shows Holly Drive in this area as a recommended <br />connection from 12th Avenue to Centerville Road and also south to County Road J. <br />The 30' easement would connect Karth Road with the existing paved portion of Holly <br />Drive that currently ties into Centerville Road. <br />The original owners of the property received a variance in 1981 from the City to <br />install the driveway on the 30' road easement. In a letter dated June 18, 1981 from <br />the project engineer, it states the property owner "should realize that a City Street <br />could be constructed in this road easement at a future date ". <br />Staff has reviewed the road easement and concurs with the original design that a <br />future road could be constructed and would connect to the City's Transportation <br />Plan. Staff is recommending that the request for vacation of the road easement be <br />denied. <br />OPTIONS: <br />1. Deny vacation of 30' Road Easement at 1390 Karth Road. <br />2. Retum to staff for further consideration. <br />RECOMMENDATION: <br />Staff recommends Option 1. <br />