SOS ; Partial Vacation of Plat Note and Easement

Transcription

1 MEMORANDUM TO: FROM: Mayor and City Council Todd Tucker Subdivision Review Analyst Boise City Planning and Development Services DATE: February 23, 2010 RE: SOS ; Partial Vacation of Plat Note and Easement The following application has been scheduled for hearing by the City Council on March 2, 2010: SOS Request for approval of a Partial Vacation of Plat Note identifying a ten foot wide Utility, Drainage, Irrigation and Boise City Streetlight Easement located along the subdivision boundary and along all rear lot lines. Subdivision staff is recommending approval of the Vacation of Plat Note. Table of Contents Page 2 Staff Report Page 2 Request Page 2 Location Page 2 Analysis Page 3 Recommendation Page 4 Applicants Letter Page 5 Vicinity Map Page 6 Plat of Promontory Ridge Subdivision Page 7 Detail of Easement Page 8 Detail of Plat Note #1 Page 9 Site Plan Page 10 Aerial Photo Page 11 Relinquishments Page 11 Qwest Page 12 Boise Project Board of Control Page 13 Ada County Highway District Page 14 Intermountain Gas Company Page 15 Cable One, Inc. Page 16 United Water Idaho, Inc. Page 18 Idaho Power

2 Vacation Staff Report Request Partial Vacation of Plat Note and associated Easement File Number SOS Subdivision Promontory Ridge Subdivision Heard by Boise City Council Plat Note #1 Public Hearing Date March 2, 2010 Applicant Richard Shaw Analyst Todd Tucker Request: The applicant, Richard Shaw, requests that Boise City vacate Plat Note #1 of the Promontory Ridge Subdivision as it pertains to the rear lot line of Lot 33, Block 1 which is also the subdivision boundary. Plat Note # 1 of the Promontory Ridge Subdivision requires that a ten foot wide Utility, Drainage, Irrigation and Boise Street Light Easement be provided along all rear lot lines and along the subdivision boundary. The applicant is also requesting to vacate the associated easement as it pertains to Lot 33, Block 1. Location: The subject property is located on the north side of E. Opus Street between E. Rubicon Drive and S. Constitution Way. The Promontory Ridge Subdivision is located on the north side of S. Federal Way between S. Apple Street and E. Amity Road. Analysis: Idaho Code, Section A VACATION OF PLATS -- PROCEDURE. (1) Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any City must petition the City Council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the City Clerk. The Promontory Ridge Subdivision was recorded on May 19, The ten foot wide Utility, Drainage, Irrigation and Boise City Streetlight Easement located along the rear lot line and along the subdivision boundary is identified in Plat Note #1. The property owner, Richard Shaw, is proposing to construct a 10 x12 patio cover addition on the rear of the existing house located on the property. The proposed patio cover will encroach into the ten foot wide easement. On September 14, 2009 the Planning and Zoning Commission approved a Variance (CVA ) to allow the proposed patio cover to encroach 10.5 feet into the required 15 foot wide rear yard setback. Condition of Approval #3 requires that The applicant shall vacate the Promontory Ridge Subdivision Plat Notes that specifically state that a 10 foot utility easement be maintained along the rear lot lines and subdivision boundary. As 2 of 19

3 such, the applicant is now requesting to vacate Plat Note #1 and the associated easement as it pertains to Lot 33, Block 1 of the Promontory Ridge Subdivision. The applicant has provided notarized relinquishments from all affected utility companies. In addition, the Boise City Public Works Department has indicated that they have no objection to the proposed vacation. Recommendation: Staff recommends that the Boise City Council approve the partial Vacation of Plat Note #1 and the associated Utility, Drainage, Irrigation and Boise City Streetlight Easement as it pertains to Lot 33 of Block 1 of the Promontory Ridge Subdivision. 3 of 19

4 January 19,20 10 City of Boise Planning & Development Services 150 N. Capitol Blvd. Boise, Idaho RECEIVED To Whom It May Concern: We are writing to request a vacation of easement and plat notes at property address 878 Opus Street in the Promontory Ridge subdivision (Lot 33, Block 1). The purpose of the easement vacation is to construct a 10 A x 12 ft patio cover over the existing patio slab. We have already received a variance from the City of Boise Planning & Development Services. We have been informed the permit will be issued upon us also receiving a vacation of easement with the various utilities involved. We have received all utility easements (see attached) and request issuance of the required building permit to begin construction. Please review the attached documentation and let us know if you have any questions. Thank you for your time. &&* 878 hard E. Opus W. Shaw Street Boise, Idaho of 19

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