City Council Minutes 2021 04 20 - Laserfiche WebLink

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City Council Meeting Minutes April 20, 2021 Page 9 of 14 The proposed garage location is within the 5-foot easement and is approximately 3-foot 7 inches from the rear property line. That is still within the allowed setback of the Old Town Overlay regulations. Hassan stated staff referred the proposed partial easement vacation to relevant utility services and City departments and received confirmation from Xcel that their facilities are outside of the easement vacation area. The City and Xcel do not anticipate the need for the easement for any future public utilities and do not object to the vacation request. Staff did not receive any concerns or comments from other utilities, including CenturyLink and Comcast. Because there were no concerns received from potential users of the easement, staff is supportive of the partial easement vacation. Andy Johnson, applicant presentation, stated the existing utilities run to the back of the alley to the east and do not run through this easement. He stated none of the new utilities will use this easement as well. He stated all of the structure would still meet all the existing zoning rules. Public Comments Jim Tesone, neighbor to the east of the property, stated he wants to make sure the new house takes into consideration the integrity of the neighboring properties. Valerie Forester, resident 720 Jefferson Avenue, stated the original plan for the home was set fully within the lot and not in the easement. She stated this project has a large impact on her home and the garage will block light into her house. She asked why the plans have now changed. Andre Mazur, 471 East Raintree Court, owner 720 Jefferson, stated that when the alley was vacated he was told by City staff no one could build on the vacated area. He asked what had changed to allow this. He stated the lot on Pine is sufficiently large to allow for a new house that does not impact the neighbor. He stated he hopes this is not setting a precedent for other lots in town. He asked the Council to deny the request. Councilmember Leh asked what legal standard needs to be met here. City Attorney Kelly stated it is up the Council's discretion if it wants to vacate any easement. The Council would need to fine that the easement does not or will not be needed for any public, governmental, or utility purpose if they chose to vacate the easement. Councilmember Leh asked if there are specific criteria that need to be met to approve a vacation. City Attorney Kelly stated no, the City can vacate rights -of -way that are no longer needed for a governmental purpose. Councilmember Leh asked if staff sees any City need for this easement in the future. Hassan stated staff sees no future utility need from the City or Xcel to use this easement.