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HomeMy WebLinkAboutCC - Staff Report 7-18 STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 7/18/2023 Legend DATE: 0 El Project Location W e TO: Mayor&City Council i FROM: Linda Ritter,Associate Planner CO i 208-489-0573 E GALLEON LN = SUBJECT: H-2023-0028 CD'rj Lavender Heights No. 2-VAC R-8 a 3 l E ZEMO LN LOCATION: 6256 S. Mechta Avenue,in the SE 1/4 o of gtewso�esr 0 a Section 32 T.3N. RJE. a- a q F BERGHAN LN LAKE-HAR R8U --R-8 UT I. PROJECT DESCRIPTION Request to vacate the southerly 1.2-feet of the 5-foot wide public utility, drainage and irrigation (PUDI) easement along the northern boundary of Lot 11,Block 9, of Lavender Heights Subdivision No. 2. II. APPLICANT INFORMATION A. Applicant: Clint Hansen,PLS,Land Solutions,PC—231 E. 51h Street, Ste. A,Meridian, ID 83642 B. Owner: Travis Perry, Core Building Co. — 152 Ketrel Avenue,Eagle,ID 83616 C. Representative: Same as Applicant III. UNIFIED DEVELOPMENT CODE Per UDC Table 11-5A-2,vacation of a utility easement falls under"all others",which requires approval from City Council at a public hearing. Pagel IV. NOTICING City Council Posting Date Newspaper Notification 7/2/2023 Radius notification mailed to 6/30/2023 properties within 300 feet Next Door posting 6/29/2023 V. STAFF ANALYSIS The Applicant requests approval to vacate the southerly 1.2-feet of the 5-foot wide side yard PUDI easement along the northern boundary of Lot 11,Block 9, Lavender Heights Subdivision No. 2. A property boundary adjustment(PBA-2022-002 was recently approved that shifted the northerly side property line 1.2-feet to the north to account for the existing home that was inadvertently constructed within the easement area and the required 5-foot wide side yard setback. A legal description and exhibit map of the portion of the easement proposed to be vacated is included in Section VI below. The Applicant states there are no underground or overhead utilities in the subject easement area. Relinquishment letters were received from Sparklight(former Cable One),Intermountain Gas, CTC Telecom Inc.,Boise Project,New York Irrigation District and Idaho Power for the portion of the easement proposed to be vacated. VI. DECISION A. Staff: Staff recommends approval of the partial vacation of the public utility easement as proposed by the Applicant and as agreed upon by the easement holders. Page 2 VII. EXHIBIT Legal Description & Exhibit Map of the Portion of the Utility Easement Proposed to be Vacated Legal Description Easement Vacation Parcel B, Record of Survey No. 13726 Lavender Heights Subdivision No. A portion of an existing Public Utility, Pressure Irrigation and Lot Crainage easement over a portion of Parcel B as shown on Record of Survey No. 13726, records of Ada County, Idaho, being also over a portion of the platted Lot 11, B000k 9, of Lavender Heights Subdivision No. 2, 4$ $hown in Book 122 of Plats on Pages 19344 through 19346. records of Ada County, Idaho; being located in the SE IK of the 8W '/4 of Section 32, Township 3 North. Flange 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument rnarking the southeast comer of the 5E 'A of the SW Y, of said Section 32, from which a Brass Cap monument marking the northeast corner of said SE'I#of the SW' bears N 0612r02" E a distance of 1334.18 feet; Thence N 0°12'02x E along the east boundary of said; SE YA of the SW 1 , being partially along the easterly boundary of said lavender Heights Subdivision No. 2 a distance of 737.33 feet to the northeasterly corner of said Parcel B; Thence along the northerly boundary of said Parcel B N 99'47'24" W a distance of 10_00 feet to a point on a tine 10,00 feet westerly of and parallel to the easterly boundary of said Parcel B; Thence along said parallel line S 0*1 '02"W a distance of 4.87 feet to the POINT OF BEGINNING; Thence continuing along said parallel line S 0'12'0 " W a distance of 1.20 feet to a point on the southerly boundary of an existing 5.00 foot wide Public UkiIity, Pressure Irrigation and Lat Drainage easement as shown on the plat of said Lavender Heights Subdivision No_ 2 adjacent to the Northerly boundary of the said Lot 11. Block 9: Thence leaving said parallel line and along said existing southerly easement boundary N 89°47'24' a distance of 126.89 feet to a point on a line 5.00 feet easterly of and parallel to the westerly boundary of said parcel B; Thence along said parallel line N 0012'02" E a distance of 1.20 feet to a point; Thence leaving said parallel line 5 89W'24- E, parallel to the northerly boundary of said Parcel B. a distance of 128.89 feet to the POINT OF BEGINNING. This easement vacation parcel contains 152 square feet (0.003 acres) and 'ApL LnIVO is subject to any other easements existing or in use. ° ks r & a Clinton W. Hansen, PLS '� 1 Land Solutions, PC January 31, 2023 { of VV Laj i 41 bluttlo1i5 Eacament VacaRlon �d s� .m Lx W� g Lavender Height&2 LLA J00 No 2FL69 PAQe 1 of 1 Page 3 VACATION OF A PORTION OF EXISTING PUBLIC UTILITY, PRESSURE IRRIGATION AND LOT DRAINAGE EASEMENT PARCEL B, RECORD OF SURVEY NO. 13726 LAVENDER HEIGHTS SUBDIVISION NO. 2 LOCATED I THE SE 114 OF THE SW 914 OF SECTION 32, T"3N R.1E., B.M. MERIDIAN,ADA COUNTY, IDAHO 1/4 L5 1f15 31 37 I I I I I PARCEE A I RCS 137.26 ' 1 # ' I NWTK H y KkADARY - PLATTEO LOT 11, BLOCK I +a WEnDER HEIGHTS SUIWASION NO 7 t POINT OF BEQNNING o E135T1K PUKIC UTiUT". IFIN'47'24'w EASNENT VAoAT1M I#fl , 7 PRESSURE IMICATJCN a76.89' w AND LOT DRAIMPa fL01K SF ACft�S 1 9r �� €LSEIJEN.i LAVE PER PLAT �_____r 1 7-{ i OF LAVENDER HEIGHTS 1�„ Vs 1 SUUC9 1Sr0N NO. 2 I 10. � y PARCEL� a '- r ' R05 15nG C> 1 M 1 � vi k 4 ; 1331.N' 31 32 N99'57'O1"w _ 1331-W _ 32 6 5 Yf 1 6 E HAZEL RD. 1{ 5 L LA ND fs� 1ST ` CL 11118 .A01 tt2 OF ,? O w o' 15r Sol futions Lain;dl 40 La1'1d Surveyiq and Consulting 231 E STH S7 87E A LIFFWMl.14&%42 CM12W24W oAi 2M7'm w4w+�glawo'+Ikx �e.0 77-er Page 4