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HomeMy WebLinkAbout1996-12-17 Public hearingNOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 17th day of Decem- ber, 1996, in the Civic Center Council Cham- bers, 410 E. Washington Street, Iowa City, Iowa; at which hearing the Council will consid- er an ordinance vacating the north 12.5 feet of the F Street right-of-way for a distance of 75 feet immediately west of First Avenue. Copies of the proposed ordinance are on file for public examination in the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views known for Council consideration are encouraged to appear at the above-mentioned time and place. MARIAN K. KARR, CITY CLERK Prepared by: Scott Kugler, Associate Planner, 410 E. Washington Street, Iowa C~ty, IA 52240; 319-356-5243 ORDINANCE NO. AN ORDINANCE VACATING THE NORTH 12.5 FEET OF THE F STREET RIGHT-OF-WAY FOR A DISTANCE OF 75 FEET IMMEDIATELY WEST OF FIRST AVENUE WHEREAS, Chester and Rhetta Palsang own property at 839 South First Avenue, immediately adjacent to the right-of-way de- scribed below; and WHEREAS, the Pelsangs are in the process of redeveloping said property including the construction of a handicapped parking space within the F Street right-of-way; and WHEREAS, City approval of said right- of-way encroachment was granted by Resolu- tion No. 96-195; and WHEREAS, the Pelsangs wish to have said right-of-way vacated so that their entire parking facility is located on their property; and WHEREAS, the City will retain ease- ments for any existing utilities. NOW, TH EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. VACATION. Subject to retention of easements for maintenance of an existing sanitary sewer and other utilities, the City of Iowa City hereby vacates the portion of the F Street right-of-way legally described as follows: The north 12.5 feet of the F Street right-of-way lying immediately west of First Avenue for a distance of 7,5 feet. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. Ordinance No. Page 2 SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this __ day of ,19 MAYOR ATTEST: CITY CLERK STAFF REPORT To: Planning and Zoning Commission Prepared by: Scott Kugler Item: VAC96-0002. 839 First Avenue Date: November 21, 1996 GENERAL INFORMATION: Applicant: Chester and Retta Pelsang 2402 Towncrest Dr. Iowa City, IA 52240 Phone: 351-1100 Contact parson: John Beasley 321 E. Market St. Iowa City, IA 52245 Phone: 354-1104 Requested action: Vacation of a portion of the F Street right of way Purpose: To allow all of the required parking for 839 S. First Avenue to be located on the property. Location: Along the north side of F Street, imme- diately west of S. First Avenue Size: 938 square feet Existing land use and zoning: The subject property is an unused por- tion of the F Street right of way Comprehensive Plan: General commercial File date: October 22, 1996 BACKGROUND INFORMATION: The applicants, Chester and Retta Pelsang, have requested the vacation of the north 12.5 feet of the F Street right of way in front of their property at 839 S. First Avenue. The applicants recently received approval of a special exception for a parking reduction, a front yard modification, and modification of the screening requirements to allow a house on the property to be converted into a doctor's office. Associated with the special exception, the City Council granted an easement to allow a handicapped parking space to be Iocatod within the F Street right of way, based on the opinion of the Public Works Director that the right of way was not needed in this area. In order to speed the approval process so that site improvements could be coordinated with the First Avenue reconstruction project, the easement was granted and the applicant agreed to consider vacating the right of way and acquiring the property so that all of their required parking would be located on the property. As a result, th~s application has been filed to vacate the right of way. 2 ANALYSIS: When the above mentioned easement was being considered, the Public Works Director reported that this portion of the F Street right of way was not needed for the continued operation of the street or for utilities or other public purpose. F Street is a local street, but is located within a 75 foot wide right of way. If 12.5 feet were to be vacated, there would still be a 25 foot half right of way remaining along the north side, which is consistent with our present standards for a local street. F Street is only 25 feet wide, three feet narrower than the currant standard for local streets, so the 25 foot half right of way is adequate in this area. It does not appear that the requested vacation will have any adverse impacts on the public use of the street or right of way. There is a sanitary sewer line located along the north side of F Street for which an easement will have to be retained on the vacated property. Utility companies have been notified of the proposed vacation and if any utility easements are needed they will be retained. Although vacating this portion of the F Street right of way would not appear to create any negative public impacts, staff recommends if a portion is to be vacated that it include more than just a % block of the street. Rather, staff would recommend vacating the 12.5 foot wide strip at least to the alley west of First Avenue, and possibly to Second or Third Avenue if the adjacent property owners are in agreement. Staff has contacted a number of the neighboring property owners, all of which have expressed cautious interest in the vacation of the 12.5 feet in front of their properties. Staff intends to continue discussing this matter with them in the near future, and will likely come back to the Commission with a city-initiated application to vacate the 12.5 feet for the remaining properties along F Street provided tl3at the adjacent owners intend to acquire the vacated property. However, given that the applicants are already making use of the right of way in front of their property and have already submitted an offer, staff sees no reason to delay the vacation of this portion of the right of way. STAFF RECOMMENDATION: Staff recommends that VAC96-0002, a request to vacate 12.5 feet along the north side of the F Street right of way for a length of 75 feet immediately west of First Avenue be approved, subject to the retention of an easement for an existing sanitary sewer and any other utility easements that may exist on the property. ATTACHMENTS: 1. Location Map. 2. Plat of Survey - Auditor's Parcel 96109. 3. July 24, 1996 Latter from Applicants' Attorney Regarding Requested Vacation. Approved by: Robert Miklo, Senior Planner Department of Planning and Community Development FRIENDSHIP SI 1, f T____T D ST H Sl -- WAYNE AVE _~_Sl BRADFORD _ __ Z SOUTHEAST ~..~. ~ -- JUNIOR /\ \ \ \~,~~ sc.ooL II I IIII FIRST AVENUE John E. Beosley "~1ot of Survey-Auditor's Parcel g~l~g ~{/~'~',/t~,,~ Lot 4. Block 5. East Iowa City Addition ]MMS Cousu[T~s, luc Iowa City, Iowa 319- 351 --8282 · 4-.50/39 ~ 25,45-005 PHELAN, TUCKER, MULLEN, WALKER, TUCKER & GELMAN, L.L.E A~fORNEYS AT LAW IOWA ~'fY, IOWA 52244 July 24, 1996 (3~9) ~962 TELIEPHONE: (319) 354-1104 Chuck Schmadeke Director of Public Works City of Iowa City 410 E. Washington Street Iowa City, IA 52240 Re: Pelsang property at 839 S. First Avenue Dear Chuck: As you know, the City recently granted Dr. Pelsang an easement for a handicap accessible parking space and a secondary ingress and egress on a portion of the City's F Street right-of-way along Dr. Pelsang's property. As you and I have discussed, the City has a 37.5 foot right-of-way along Dr. Pelsang's real estate from the center of F Street. It is my understanding that tile City only needs a 25 foot right-of-way from the center off Street. Dr. Pelsang would like to purchase 12.5 feet of City F Street right-of-way along his 839 S. First Avenue property. Specifically, the real estate that Dr. Pelsang would like to purchase is 12.5 ft. x 75 ft. (937.5 sq. ft.) along the southern property line of his 839 S. First Avenue real estate. Dr. Pelsang is willing to purchase the 937.5 sq. ft. area for $2,559.38. The assessed value for real estate taxes for Dr. Pelsang's 6,000 sq. fl. lot is $16,430.00 ($2.73 sq. ft.). Therefore, the value of the 937.5 sq. ft. parcel is $2,559.38. Therefore, Dr. Pelsang requests that the City vacate the 937.5 sq. fl. F Street right- of-way (12.5 fl. x 75 fl.) along the southern property line of Dr. Pelsang's 839 S. First Avenue property and permit Dr Pelsang to purchase this property for $2,559.38. Please contact me regarding this request at your earliest convenience. July 24, 1996 Page 2 JEB/tjr CC.' Linda Woito City of Iowa City Attorney 410 E. Washington Street Iowa City, IA 52240 Very truly yours, asley