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• <br />• <br />• <br />AGENDA ITEM 6 B <br />STAFF ORIGINATOR: Jeff Smyser <br />C. C. MEETING DATE: December 10, 2007 <br />TOPIC: Public Hearing <br />First Reading: Ordinance No. 18 -07 <br />Vacating Portions of Two Drainage and Utility <br />Easements, Lot 1, Block 9, Oakwood View <br />(135 Ash Street) <br />ACTION: 4/5 vote <br />BACKGROUND <br />The site is Lot 9, Block 1 within the Oakwood View plat, the final plat for which was <br />approved in 2005 with Resolution 05 -26. This lot was platted to accommodate an <br />enabling residence (group home) associated with the Rice Creek Covenant Church. The <br />current plan for the enabling residence requires vacating parts of two drainage and utility <br />easements platted with Oakwood View. One drainage and utility easement needs to be <br />altered to allow for the building and another for the driveway. Easement vacations <br />require a public hearing and city council approval by ordinance, which requires a first <br />and second reading. <br />ANALYSIS <br />Discussion of the enabling residence in 2004 included a two story duplex structure with <br />approximately 3500 square feet in each unit, for a total of 7000 sf. The current submittal <br />is a one -story structure with a footprint of approximately 6300 sf. The application <br />includes the vacation of portions of two separate drainage and utility easements. These <br />easements were established with the final plat of Oakwood View. One area to be vacated <br />is in the middle of the lot, at the northeast corner of the proposed building. Because the <br />building itself has a larger footprint than originally envisioned, it would encroach into the <br />drainage and utility easement. The vacation of this portion of the easement will not affect <br />the drainage. <br />The other easement to be vacated is in the location of the driveway leading to the <br />building. This was a design oversight with the platting in 2004. The remaining easement <br />will still allow the site to drain properly and will allow access to ponds. Both easements <br />will still provide a minimum buffer of 10 feet around delineated wetlands. <br />