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HomeMy WebLinkAboutCC - Staff ReportHowry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 1 - STAFF REPORT Hearing Date: September 18, 2018 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Howry Lane Subdivision No. 1, Lot 3, Block 4 – VAC (H-2018-0063) 1. APPLICATION SUMMARY The applicant, M3 Companies, LLC, requests approval to vacate northwesterly 5 feet of the existing 10 foot wide public utility easement on the southeasterly boundary of Lot 3, Block 4, Howry Lane Subdivision No. 1. 2. STAFF RECOMMENDATION Staff recommends approval of the subject vacation application. 3. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number H-2018- 0063 as presented in the staff report for the hearing date on September 18, 2018. Denial After considering all staff, applicant, and public testimony, I move to deny File Number H-2018- 0063, as presented during the hearing on September 18, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance After considering all staff, applicant, and public testimony, I move to continue File Number H-2018- 0063 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 12855 W. Auckland St., in the NE ¼ of Section 33, Township 3 North, Range 1 East. B. Owner(s): SRS AZ Investors, LLC 4222 E. Camelback Rd., Ste. H100 Phoenix, AZ 85018 C. Applicant: M3 Companies, LLC 1087 W. River Street, Ste. 310 Boise, ID 83702 Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 2 - D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant’s narrative for this information and the application file for the applicable relinquishment approvals. 5. PROCESS FACTS A. The subject application is a request to vacate a platted utility easement. Per Unified Development Code Table 11-5A-2, the Director is the decision making body on vacation applications such as this that are exempt per Idaho §50-1306A(5). However, it’s been previous policy that City Council approves these requests at a public meeting. 6. LAND USE A. Existing Land Use(s): The portion of the easement proposed to be vacated lies on a residential building lot (Lot 3, Block 4), zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is currently in the development process as a single-family residential subdivision, zoned R-8. C. History of Previous Actions: The final plat depicting the portion of the easement proposed to be vacated was recorded in 2017 (Bk. 112, Pg. 16284). 7. STAFF ANALYSIS The applicant requests approval to vacate the northwesterly 5 feet of the existing 10-foot wide public utility easement on the southeasterly boundary of Lot 3, Block 4, Howry Lane Subdivision No. 1 (see legal description and exhibit map in Exhibit A.3). There are no existing utilities within the portion proposed to be vacated. The easement holders (i.e. Cable One, Idaho Power, Intermountain Gas, Century Link) have all submitted written consent agreeing to vacate a portion of the existing easement as proposed. The applicant states that during design of the project, a pressurized irrigation line was to be located within the easement; the line has since been relocated and the 10 foot easement width is no longer necessary. In order to provide more floorplan options, the applicant requests approval to vacate a portion of the easement. Staff recommends approval of the vacation application as proposed in Exhibit A.2. 9. EXHIBITS A. Drawings 1. Vicinity/Zoning Map 2. Recorded Plat Depicting Easement Proposed to be Vacated 3. Legal Description & Exhibit of Easement Proposed to be Vacated 4. Relinquishment Letters from Utility Easement Holders Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 3 - A. Drawings 1. Vicinity/Zoning Map Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 4 - 2: Recorded Plat Depicting Easement Proposed to be Vacated Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 5 - 3. Legal Description & Exhibit of Easement Proposed to be Vacated Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 6 - Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 7 - 4. Relinquishment Letters from Utility Easement Holders Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 8 - Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 9 - Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 10 - Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 11 - Howry Lane Sub 1 Lot 3 Blk 4 – VAC H-2018-0063 - 12 -