2006-11 VACATING PORTION OF EASEMENT - 3105 COLORADO DRIVE

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Excerpts from Plan Commission Meeting of February 2, 2006 Cal. No. 06-06 Petition of STEVEN AND PATRICIA KELLY to vacate a portion of the utility easement at 3105 Colorado Drive. Mr. Greg Crowe was sworn in by Ms. Jesse. Mr. Crowe presented the recommendation of staff: The petitioner is proposing to vacate the ten foot drainage and utility easement on the west ten feet of their property. The petitioners built an inground pool that is partially located in the easement. The pool was also built across the property lines of two lots to the west. Since that time,the pool deck has been cut off the neighboring properties and is now entirely on the petitioner's property. Once the easement vacation is approved, the property owner will have to petition the Zoning Board of Appeals for a variance to construct a structure less than three(3) feet from the rear property line. The utility companies are not utilizing the platted easement and have approved of the partial release of the easement except the north five feet as requested by Insight Communications. The Department of Engineering and Infrastructure has reviewed the vacation request and has no objections. � Since the utilit and draina e easement is not being utilized, staff is of the opinion that Y g ' the best interests of the City of Decatur would be served by approving the request to vacate the easement as indicated on the plat. Staff recommends approval of the petition. r re uires that ro ert vacation re uests The Administrative Polic of the Cit of Decatu p p y q Y Y q , be submitted for a public hearing. Although a Plan Commission recommendation is not required, a motion to forward Calendar Number 06-06 to the City Council with a recommendation for approval is suggested. Mr. Steve Kelly, petitioner, was sworn in by Ms. Jesse. Mr. Kelly stated he put a pool in and did not realize it was in the easement. Mrs. Wegi Stewart questioned staff about permits being required. Ms. Miller stated they are required. Mrs. Stewart questioned if this would have been discovered at that time. Ms. Miller stated that staff depends on the petitioner to give correct information. There were no objectors present. It was moved and seconded(Tom Smith/Anderson)to forward Cal. No. 06-06 to the City Council with the recommendation for approval as submitted by the petitioner. Motion , carried unanimously.