01-0458R

RESOLUTION DENYING A CONCURRENT USE PERMIT TO DUANE L. MCCAULEY FOR PROPERTY LOCATED AT 7417 EAST SUPERIOR STREET.

BY COUNCILOR STENBERG:

        WHEREAS, Duane L. McCauley has submitted to the city council a request for a concurrent use permit of a right-of-way for force main to construct a detached 24 foot by 32 foot detached garage on property described as Lot 18, Block 2, Brighton Gardens First Division, and located at 7417 East Superior Street; and said permit application was duly referred to the city planning commission for a study, report and public hearing, and the city planning commission has subsequently reported its denial of the application to the city council; and

        WHEREAS, the denial recommendation was made because of the city planning commission's following findings:
        (a)     The existing garage slab was poured without a building permit;
        (b)     The existing water lines are located 25 feet and 34 feet north of the south line of the easement. The utility must maintain a 25 to 35 foot "cushion" from the centerline of the watermains to any new structure;
        (c)     To permit a 24 foot by 32 foot structure within the easement could affect the ability to install an additional utility, i.e. another watermain or a sanitary sewer;
        (d)     The property is of sufficient size and zoning to allow for a 24 foot by 32 foot detached garage structure to be located outside of the subject easement;
        (e)     The existence of a structure within the subject easement may present a cloud on the title to the property.

        NOW, THEREFORE, BE IT RESOLVED, that the concurrent use permit is hereby denied. The record in this case consists of this resolution, proceedings of the city council, the planning commission file on the matter and minutes of public meetings wherein it was determined.



STATEMENT OF PURPOSE:  This resolution denies a request for a concurrent use permit for the concurrent use of a portion of the 80 foot wide utility easement right-of-way for force main easement in the plat of Brighton Gardens First Division, for a 24' x 32' detached garage on property located at 7417 East Superior Street.

The planning commission heard this request at their regular meeting on May 23, 2001, and recommended denial of the request.

In making their recommendation the commission considered the following findings:
        1. The existing garage slab was poured without a building permit
        2. The existing water lines are located 25 feet and 34 feet north of the south line of the easement. The utility must maintain a 25 to 35 foot "cushion" from the centerline of the water mains to any new structure.
        3. To permit a 24' x 32' structure within the easement could affect the ability to install an additional utility, ie. another water main or a sanitary sewer.
        4. The property is of sufficient size and zoning to allow for a 24' x 32' detached garage structure to be located outside of the subject easement.
        5. The existence of a structure within the subject easement may present a cloud on the title to the property.

Date Filed: April 18, 2001 Action Deadline: August 16, 2001