01/14/1997 - Laserfiche WebLink

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Staff is recommending that the project commence as scheduled. It appears that the majority of the owners still favor the project. Staff has done the utmost to satisfy the desire of some of the owners that as many trees remain as possible. The objection raised by some of the owners that their neighbor will have an ability to access 21st Avenue is not affected by paving 21st Avenue, and is not relevant to the decision as to paving Block Villa. Director Davis reminded the Board that this project was approved at the January 16, 1996 public hearing. Subsequently, staff discovered that another drainage easement would be required and approached property owner Morris to request a 10 foot easement. At that time, Mr. Morris indicated he had plans to split his property and asked that staff remove some trees at 21st Avenue. The current issue before the Board is whether or not these trees should be removed. County Engineer Roger Cain stated that staff has made an attempt to save some of the trees by eliminating a swale on the west side of 21st Avenue. This required sending the drainage south on 21st Avenue. Staff believes a culvert would answer Mr. Morris' request and checked with Community Development before advising Mr. Morris whether or not his request could be granted. Another issue involves Mr. Morris' access on 21st Avenue. Commissioner Adams questioned whether 21st Avenue is a county road, and Mr. Cain advised that is correct. The dedication on the plat is in vague language but it is the contention of staff that it is a public right-of-way and the County has been maintaining the road. Deputy County Attorney Will Collins stated that the plat, dedicated in 1952, contained unclear language regarding the dedication of the road. The County Clerk's Recording Supervisor stated that if there was an attempt to retain the road as a private road, there would be no dedication. Therefore, the implication is that it was dedicated to the public. The County has maintained the road and we are proceeding on the belief that it is a public road. Commissioner Adams confirmed that the Board does not want the trees disturbed. The Chairman invited comments from the public. Rebecca Pickles of 966 21st Avenue emphasized that she has a problem with Mr. Morris' access on 21st Avenue due to the impact on neighborhood traffic. She felt Mr. Morris has feasible access on 10th Street or 12th. r �. JANUARY 14, 1997 21 800K 41�