CC - Staff Report STAFF REPORT E IIIT�
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 10/11/2022 Lagend
DATE:
J�IProj�Ci LoC�liorl
TO: Mayor&City Council
FROM: Sonya Allen,Associate Planner
208-489-0573 ,
SUBJECT: H-2022-0067
5156 W. Highland Fall Dr. -VAC --,--�
LOCATION: 5156 W. Highland Fall Dr., in the SE 1/4
of Section 21,TAN.,R.1W.
L Ll
I. PROJECT DESCRIPTION
Request to vacate a 35-foot long by 2-foot wide portion of the 10-foot wide pressure irrigation
easement along the west side of Lot 6,Block 3 Fairbourne Subdivision No. 3.
II. APPLICANT INFORMATION
A. Applicant:
Andrew George—P.O. Box 2208,Eagle, ID 83616
B. Owner:
Element Custom Homes,LLC—23 Larkspur Circle,McCall,ID 83638
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.
IV. NOTICING
City Council Posting Date
Newspaper Notification 9/25/2022
Page 1
Radius notification mailed to 9/23/2022
properties within 300 feet
Next Door posting 9/23/2022
V. STAFF ANALYSIS
The Applicant requests approval to vacate a 35-foot long by 2-foot wide portion of the 10-foot wide
pressure irrigation easement depicted on the recorded plat along the west side of Lot 6,Block 3
Fairbourne Subdivision No. 3.
A legal description and exhibit map of the portion of the easement proposed to be vacated is included
in Section VII below.
The reason for the request is that a portion of the home under construction on the subject lot
encroaches 2-feet into the easement area. The Applicant's narrative states the irrigation easement is
for ongoing operations and maintenance of a 6-inch diameter pipeline. The line was installed 4-feet
from the west property line on the lot. Reducing the easement width to 8-feet where the home
encroaches will still allow adequate space for operating and maintaining the pipeline.
A relinquishment letter was received from Sam Johnson,President of the Fairbourne Subdivision
Owner's Association stating they have no objection to the partial vacation of the pressure irrigation
easement as proposed. A letter was also received from Settler's Irrigation District stating they do not
own or operate the pressure irrigation system for Fairbourne Subdivision.
VI. DECISION
A. Staff:
Staff recommends approval of the partial vacation of the pressure irrigation easement as
proposed by the Applicant and as agreed upon by the easement holder.
Page 2
VII. EXHIBIT
Legal Description&Exhibit Map of the Portion of the Utility Easement Proposed to be Vacated
EASEMENT VACATION
DESCRIPTION FOR
MI1BauRNE DEVELOPMENT, LLC
An exJSting ease men t IoGated irl the NE 114 of th a SE V4 of Section 21,Township d North, Range
i West, Balsa Merldkan, Ckty of Marfdianr and hEing a part of Lot 6 of Block 3 of FAMBOURNF
SUBDIV00N 1VO. 3 as shown in Book 122 of plats at pages 19189—19293 in the office of the
Recmder,Ada County, Idaho, more parricularlydeKrl ed asfailows;
Commencing at a 112 inch&a meter iron pkn marking the southwesterly corner of said Lot 6,from
which a W Inch dlartteter iron pin morking the northwesterly corner of said Lot 6 bears
N 0°29'33" E a distance vi IM00 feet;
Thence 4 90'00r00" E aiong the southery hH)undary of said Lot 5 a distance of 10-00 feet to a
point marking the southeasterly comer of an existing 10 foot pressure irrigation easem-ant as
shown on the plat of said FAtRSOURN€SUBINVIYON W.3;
Thence leaving 5ald southerly Wwndary N 0°2Ta3" E along the easterly boundary of said
B@5€—ant a di5wnce 9f 17-50 few u t1h a POINT OF BE",I N N I NG,-
Thence contlnuing N 0"2T.Sa"E a dlstarite o05-00 feet to a point:
Thence leaving sold easterly boundary N 40"00100'r VV a dlstance of 2.00 feet to a point;
Thence 5 0°29 33°W a distance of 35.00 feet to a point;
Tirenc-e N 9OW'W E a dicta nce of 2,00 feet to the POINT OP BEGINNING.
thFs parCel contains 70-00 Square feet I0.W.2 acres}and Es Subject to any easements morng or
in U&e.
1}fepared by: Kyle A.Koognler,PL5 A tiA
Civil Survey Consultant%Inwrpori ted of o
May 13,2022 '
Page 3
SKETCH TO ACCOMPANK E fSE EW VACATION DESCRIPTION FOR
FAIRBOURNE OEI EL OPMEN Ir L L , LOCATED IN rHE I E 114 OF
THE SE 1 4 OF ,SECTION 27, rOF NS' IP 4 NOR71-4 RANGE I
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Page 4