Gerry Curtis and Associates, Inc., on behalf of Cyndy Walters, has requested the vacation of this right-of-way to replat it with the adjoining property. In 2002, the City Plan Commission recommended that the City Council consider adoption of an ordinance vacating a portion of right-of-way along Oakhurst Scenic Drive adjacent to Lots 12, 13 and a portion of 14, Block 1, West Oakhurst Addition. The applicant paid the Real Property Management Office $4,487.00 in 2006 for the vacated right-of-way. A Mayor and Council Communication to approve the vacation was placed on the City Council agenda in 2007, but was withdrawn by Staff due to community opposition. This year, the property owner asked that the City Plan Commission's recommendation be acted on by the City Council.
The property owner has the option to enter into an encroachment Agreement with the City for the existing rear-yard improvements encroaching into the right-of-way. This option was not readily available to property owners by City policy in 2002 when the vacation was considered by the City Plan Commission. The property owner has rejected this option in favor of the right-of-way vacation. Given the time that has elapsed since the commission's decision, and given the City's more permissive policy toward encroachment Agreements, Staff recommends that the City Council remand the case to the City Plan Commission for further review.
If the vacation is approved, any existing utilities will be relocated at the applicant's expense, or retained within a designated easement, along with an appropriate plat note that no permanent structures may be constructed or placed thereon. No additional structures will be constructed in the area to be vacated.
This project is located in COUNCIL DISTRICT 2. |
