02-16-1993 Planning Packet - Laserfiche WebLink

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• » Zoning File #1798 Fcbnm>’ 8. 1993 Fage 2 Rertev of AopOcation #12^ Applkauoo #1298 involved vacation fequea of the ten renuininf; property owners. The City had already approved the vacation for nine property owners in March of 1988. Review Exhibit H. Nfr Ne’ one of the applicanu joining in Application #1298, advisel the Cuy of his need to resolve access to the property. As with the vacation of Forest Blvd.. all legal access to his property is vacated. Remember Mr. Nelson had submitted the letter for the earlier vacation Application (#1251) Planning Commission tabled all action on Application #1298 until Mr Nelson's access problems were revived. The City Auomey ’s otT^e and staff have been working on vaHous atlempu to achieve legal access for Mr. Nelson. It is still Mr Nelson ’s position that it u the City's responsibility to acquire access since the City approved the vacation withait assuring that appropriate access ea«rocnis were provided to his property. Members may also remember that the City has sewer lines within vacated Oak Place and appropriate utility and access casements were never acquired by City. In 1989 the sttff wem through deuilcd nirvcying and the creation of legal descriptions for the four affected property owners to gram caaroents over vacated Oak Place to Mr Nelson. When one of the four property' owners demanded variances for future construction of the City for the graming of the casemern. the City ceased all dealings with owner and owner ’s attorney. Another attempt was m»k to have a single property owner gnuu an easemem over one side of the vacated nght-of way but in the end after the documents were prepared the single propeny owner refused to grant easements because of potemial impact on existing mature plamings. Other legal avenues were considered such as the original vacation not being coasidcred valid but this option proved to be far too cumbersome and costly. The City is m>w considering obtaining a prescriptive easemem over Nelson ’s drive located within the vacated right-of-way. This cmild be either completed by Mr. Nelson or the City on his behalf. If Mr. Nelson pursued the registration on his own. the City would be rcsp*>nsihle for the paymem of all legal fees. The City must obtain utility easements via another method. Review FIxhibil G. Forest Blvd. has been vacated to the immediate southwest of the Ryan property . The vacation of I oresi Blvd. adjacem to the Ryan property wtvuld have no impact on the Nelson dilemma. In fact the only portion of Forest Blvd. that could not be vacated would be the portions adjacem to the Johnson prt>pcrty. It will be stafFs recommendation that wc proceed with Ok vacation of the remaining seven property owners and complete the total vacation of Forest Blvd. until the Nclstm access and City sewer casemems are resolved. StafT Kecominendatiun To approve the vacation application of Fred and Barbara Ryan that would seek the vacation of Forest Bl'd. along the west lot lines of Lots 6 and 7 and 23 of Lot 5, Block 6.