ITEM NO. 5:                FINAL PLAT FOR LOCUST STREET PROJECT; 642-646 AND 645 LOCUST STREET (PGP)

 

PF-11-36-04:  Final Plat for Locust Street Project.  This proposed two-lot commercial subdivision contains approximately 0.58 acre.  The property is generally described as being located at 642-646 and 645 Locust Street.  Submitted by Taylor Design Group, P.A., for D & D Rental, Jon R. Davis and Tom M. Devlin, property owners of record.

 

STAFF PRESENTATION

Mr. Patterson described the project, reminding the Commission that the Preliminary Plat had been approved and this item was a public hearing issue for the variance portion only.  A variance was needed because the existing building encroached approximately 3” into the setback.  Instead of executing an agreement with the City to allow use of the public right-of-way, it was considered cleaner for the City to vacate a .5’ wide section to the property owner.  This would amount to a total vacation of approximately 70 square feet.

 

Staff recommended approval of the variance and the preliminary plat with conditions as stated in the Staff Report.

 

APPLICANT PRESENTATION

Lance Adams, Paul Werner Architects, said the need for a variance was discovered by Staff and presented to the applicant as a clear way to bring into conformance a situation that was created in 1856, when the existing structure was built. 

 

PUBLIC HEARING

No member of the public spoke on this issue.

 

CLOSING COMMENTS

Mr. Patterson said the City Commission had already approved the site plan for this project, and the Final Plat, if approved tonight, would go before the City Commission in mid-February.

 

COMMISSION DISCUSSION

Comm. Burress said he usually opposed the vacation of right-of-way without a tangible (financial) return, but he supported this case because the City did get something of value in return, i.e. the development of a property that would otherwise become blighted.

 

ACTIONS TAKEN

Motioned by Comm. Lawson, seconded by Comm. Riordan to approve a variance reducing the required right-of-way for N. 7^th Street south of Locust Street from the required 60’ to 59.5’.

 

          Motion carried unanimously, 9-0.

 

Motioned by Comm. Angino, seconded by Comm. Erickson to approve the Final Plat for the Locust Street project and forward it to the City Commission for acceptance of easements and rights-of-way, subject to the following conditions:

 

1.      Provision of the following fees and recording documentation:

a.      Current copy of paid property tax receipt at the time of submittal of the final plat for filing;

b.      Recording fees made payable to the Douglas County Register of Deeds; and

c.      Provision of a completed Master Street Tree Plan per Section 21-708a.

2.      Pinning of the lots per Section 21-302.2;

3.      Execution of a Temporary Utility Easement; and

4.      Provide the following revisions to the Final Plat:

a.      Modify Lot 1, Block 1 to locate the east property line 0.5 feet east in order to allow the existing commercial building to be located entirely on the Lot;

b.      Modify the centerline distance and right-of-way for N. 7^th Street;

c.      Add N. to N. 7^th Street name;

d.      Correct the lot size for Lot 1, Block 1 to include the area created by the modified property line; and

e.      Remove the building setback and parking setback lines.

 

          Motion carried unanimously, 9-0, with Student Comm. Brown voting in favor.