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DESCRIPTION AND CONDITIONS: Joe and Beverly Driver have submitted a petition for the abandonment of a portion of 128" Court (Lewis Street) located between 83'd Avenue and the St. Sebastian River. This portion of right-of-way is roughly rectangular in shape, measuring approximately 50'x 280'. The applicants are requesting that this portion of right-of-way be abandoned in order to increase their lot area and reduce their setbacks. If abandoned, the right -of --way would be divided. with half of the right-of-way area going to the Drivers, whose lot borders the right-of-way on the east. and half going to the lot owner on the west side of the right-of-way. The abandonment would also change the applicants' west lot line from a frontyard lot line to a sidevard lot line. Because the lots in this area (Townsite of Roseland Subdivision) are deep and narrow (60'x 250') and because the applicants' lot currently has two frontyards, the applicants have a reduced buildable area. Although the Drivers' lot is zoned RS -3, RS -6 setbacks apply to their lot since the lot has a non- conforming lot width (60'). Consistent with county regulations. the existing lot has a 30' maximum building width, based on a 20' frontyard setback along 128'" Court and a 10' side setback for the opposite property line. The applicants' stated purpose for this request is to increase their lot's building envelope so that the existing residence (built in the 1920s) can be renovated and expanded in compliance with setback requirements. If the right-of-way is abandoned, a 15' sidevard setback would apply from the Driver's new property line which would be in the middle of the abandoned right-of-way. If the abandonment request is granted without conditions, the lot's buildable width would increase from 30' to 55'. The Board is now to consider the abandonment request and is to approve, approve with conditions. or deny the application. ANALYSIS: The subject 50' wide right-of-way was created via the 1911 Townsite Plat of Roseland. At present, the subject right-of-way is not improved or maintained by the county, and apparently has never been improved or maintained. As is common for older plats, there is no dedication language or other language which provides information regarding the exact dedicated use of the right-of-way. Lack of dedication language and lack of formal public improvements raise the question as to the county's (public) interest in the right-of-way. Also, the exact purpose for which the right-of-way was established (public roadway, private lot access, river access, etc.) is not specified on the 1911 plat. Relative to the county's (public) interest in the right-of-way, planning staff has coordinated with the County Surveyor and the County Attorney's Office. Having been platted in 1911, the subdivision predates dedication requirements for subdivisions; consequently, there is no language in the plat dedicating the streets to any public or private entity. Historically, the presumption was made that, when a plat was filed showing streets, those streets are considered dedicated to the public. Staff and other property owners have relied upon this presumption to build and maintain roads and to secure access to many older lots within the county. It is staff's position that the county (public) has an interest in the subject right-of-way, unless it is determined by a court that the county does not have an interest. Recently, the applicant filed a lawsuit, seeking a court judgement that the county has no interest in the subject right-of-way. Even so, the applicant is proceeding with this abandonment request, and staff is processing that request on the presumption that the county has an interest in the right-of-way. August 1, 2000 !t►a I