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, ` r � <br /> e . <br /> To: Chair Kang and Planning Commission Members , <br /> From: Evelyn Turner, City Planner <br /> Date: June 21,2010 . <br /> Subject: #10-3474 James and Judith Pierpont, 1801 West Farm Road <br /> - Vacation of Easement-Public Hearing <br /> ----------------------------------------------------------------------------------- <br /> Application Summary: The applicants request the partial vacation of a drainage and <br /> utility easement. � <br /> Staff Recommendation: Planning De artment Staff recommends a roval. <br /> List of E�ibits <br /> � A. Application • <br /> B. Area Map <br /> C. Detail from survey showing area of proposed vacation <br /> D. Map and list of property owners mailed notices of proposed vacation <br /> E. Consents from utility companies and the City Engineer � <br /> Background <br /> In 1978 The Farm at Long Lake was platted. The house on Lot 15 Block 1 (1801 West Farm <br /> Road)was preexisting. With the house were a stable, a garage and a well house. After the <br /> plat the buildings were within the 10 foot perimeter drainage and utility easement along the <br /> . north lot line. Buildings are not allowed in such an easement as they defeat its purpose. <br /> There is no mention in the subdivision file of the encroachment or how the conflict would be <br /> resolved. <br /> In 1990 the City granted a conditional use permits with setback variances to allow the stable <br /> and garage to be connected and converted into a guest house. In 2004 (after some of the <br /> property was sold) a second conditional use permit was granted to convert the guest house <br /> into an accessory building with a bathroom. In neither case was the encroaclunent an issue. <br /> The property is for sa1e. The title company will not issue a full policy with the buildings in <br /> the easement. The owner is proposing to vacate a section of this easement to eliminate the <br /> problem. <br />� Staff Recommendation <br /> Planning Staff recommends approval based on: <br /> A. The private utility companies are on record as having no objection to the proposed <br /> vacation. <br /> B. The area of the easement proposed to be vacated has no underground City utilities <br /> and is not used for overland drainage. <br /> C. The City Engineer can foresee no City use for the area of the easement proposed to be <br /> vacated. <br />