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HomeMy WebLinkAboutSeptember 1, 2005 P&Z Minutes Meridian Planning & Zoning Commission September 1, 2005 Page 4 of 90 Guenther: Thank you, Mr. Chairman. The applicant has requested that this be continued for two weeks as well. There is some clarification that needs to be taken care of between ITD and ACHD for right of way issues of ownership of right of way that is is it eligible to be vacated or not. Zaremba: Did you say two weeks or longer? Guenther: I believe the applicant just asked for a continuance. Two weeks should be enough for the City of Meridian staff in order to make a recommendation. Zaremba: Thank you. The chair would entertain a motion to continue this item to September 15th. Rohm: Mr. Chairman? Zaremba: Commissioner Rohm. Rohm: I move that we continue Item VAC 05-014 to the regularly scheduled meeting of Planning and Zoning of September 15th, 2005. Moe: Second.. Zaremba: We have a motion and a second. All in favor say aye. Any opposed? Motion carries. MOTION CARRIED: ALL AYES. Item 6: Recommendation: VAC 05-015 Request to Vacate City of Meridian water and sewer easements for Marce Subdivision by James R. Wylie- 3070 Fairview Avenue: Zaremba: Moving right along. I will open VAC 05-015. And staff, please. Cole: Mr. Chairman, Members of the Commission, this is a vacation of a sewer and water easement that was recorded as part of Marce Subdivision. On the plat, when the sewer and water mains were going where they had planned them to go -- since, then, they have redone the site plan. They are not going to place the sewer and water mains where they had originally thought. The easements are still there, so they -- the building's footprint would be spanning those easements. They just need to vacate those. Public Works has no problems with this, except for one condition be placed on it, that prior to the City Council that we need an easement in hand that actually shows where the sewer and the water will be placed to protect those facilities. Zaremba: In theory, the new easement has already been identified; it just needs to be formalized? Meridian Planning & Zoning Commission September 1. 2005 Page 5 of 90 Cole: They know -- yes. They know where it's at, they just have to draft it, get a legal of it, and submit it. Zaremba: So, the function that was required in the old easement is still going to work? Cole: That's correct. Zaremba: Okay. Commissioners, any questions? Rohm: Well, until that's actually taken place, how can we vacate this easement, if the other one hasn't been issued? Cole: We just want your permission to vacate it and prior to City Council we would condition that they have that easement to us, so that it will be in place prior to City Council's recommendation. Rohm: Okay. Zaremba: In theory, we could say that we are in favor of the idea, but it has to be completed before City Council. Cole: Similar to -- yes. Similar to the creamery vacation that we heard two meetings ago. There was the condition that they get the surety for the replacement of that sewer line. If we don't get that before City Council date, we would change our recommendation as staff. Zaremba: Thank you. Any discussion among Commissioners? Anybody care to make a recommendation? Borup: Mr. Chairman, I move we recommend approval to City Council of file number V AC 05-015, as presented in the staff report, for the hearing date of September 1 st, 2005. Moe: Second. Zaremba: We have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Item 7: Continued from August 18, 2005 AP 05-001 Request for an Appeal for the denial of a fence waiver for Justin Martin by Justin Martin - 5606 North Ten Mile Road: