02-19-2002 Planning Packet - Laserfiche WebLink

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wners raswell Hgon l\n I,arson n ol platted "Massasoit Avenue", iginally dedicated on the plat of nterior pedestrian access to parts ansporting materials for home by utility companies for electric ssasoit Avenue right of way that t the indicates the location of the cy reserve the right to use public •nded that they have no facilities xisting facilities within the right ition request. Please review the ■est. Lake and Interior Land Access Individual access to public right of way is necessary to Big Island properties. The vacation of the right of way does not eliminate public access to each lot because each lot has access to the lakeshore and access to other right of way. The plat map shows each of the lots adjacent to other public land. Access to public right of way for other lots on the island would not change. According to information available to the City, property surveys and City topo maps, it does not appear any part of Massasoit Avenue or Metacomet Avenue have direct public access to the lakeshore. Staff Recommendation The property owners have the opportunity to ncgociate with Qwest to allow Qwest to use and access their facilities. Staff camiot support vacation of the Massasoit Avenue until Qwest and the property owners reach an agreement on how to allow continued access to the telephone facilities. This could •'c done by the property owners granting a public utility and access casement along the utility lines, or provide a private easement for Qwest for the service lines. The second option would be to have utilities relocated out of Massasoit Avenue. Either option would require all property owners and Qwest ar>eeing on a solution. Final approval of a vacation could be considered by the City only after resolution of the issue. Staff recommends the application be tabled until the issue with Qwest is resolved. Any future redevelopment of the properties would require new structures to have a minimum setback of 75' to the lakeshore. The survey indicates nearly all of Massasoit Avenue, proposed for vacation, is located within 75' of the lakeshore. Vacating the right of way will not alUnv further development on those portions of the nroperty. Public Hearing Required Stafl'did notice the hearing for the vacation request, for the Februaiy 19, 2002 meeting of the Planning Commission. Notices w ere also mailed to all property ow ners w ithin 350' of the property. Staff requests the Planning Commission open a public hearing for public comment. If the request is tabled the hearing w ill be continued to a future meeting. PLANNING COMMISSION OPTIONS FOR ACTION 1 . Approve 2. Table 3. Deny, stating reasons 4. Other Action ^02-2749 Thomas P Egan 350.360 and 370 Big Island February 13,2002 Page 2 of 2