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BOOK 95ou 296 <br />TO: James E. Chandler <br />County Administrator <br />D ISI N HEAD CONCURRENCE: <br />o ert M. K ti g, P <br />Community Devvelopme Dir for <br />THROUGH: Stan Boling"4&ICP <br />Planning Director <br />FROM: John W. McCoy, AIC60A <br />Senior Planner, Current Development <br />DATE: May 31, 1995 <br />SUBJECT: Delois Buckner's Request for a Partial Abandonment of <br />47th Street Right -of -Way <br />It is requested that the data herein presented be given formal <br />consideration by the Board of County Commissioners at its regular <br />meeting of June 6, 1995. <br />DESCRIPTION AND CONDITIONS: <br />Delois Buckner has submitted a petition for the abandonment of a <br />portion of the 47th Street right-of-way between 39th Avenue and <br />40th Avenue. The applicant is requesting that a 5' strip of right- <br />of-way for 47th Street that is contiguous to her lot be abandoned. <br />The subject right-of-way segment is located approximately 350' east <br />of 40th Avenue on 47th Street (see attachment #2). <br />The applicant is seeking abandonment of the 5' strip to cure a <br />setback violation. The violation is the result of construction <br />that was commenced on a house addition, which is too close to the <br />front property line. If the 5' right-of-way strip is abandoned, <br />then the addition will meet the front yard setback, and the <br />frontyard setback violation will be cured. <br />ANALYSIS: <br />The existing 60' right-of-way for 47th Street was created via the <br />Pine View Park subdivision plat. While sixty feet is the minimum <br />right-of-way width for a local road designed with swale type <br />drainage, only 50' is required where curb and gutter drainage is <br />used. Pine View Park was platted with 60' rights-of-way, even <br />though it was constructed with a curb and gutter system.. <br />Therefore, the width of the right-of-way could be reduced by 101, <br />5' on each side of the roadway, and still comply with the 50' wide <br />right-of-way width minimum required in the LDRs. The 5' strip will <br />remain as a utility and drainage easement. The applicant will need <br />to sign a drainage and utility easement document for the 5' strip <br />prior to the recording of the resolution. <br />18 <br />June, 6 1995 <br />