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HomeMy WebLinkAbout788-OB DATE: September 19, 2011 TO: Planning Commission FROM: Stephen C. Richardson, Planning Manager SUBJECT: Consider a request to abandon a 5' utility easement on either side of an interior lot line between Lots 6 and 7, Block 3, Leroy Addition, Unit 2 FILE: 788-OB STAFF REPORT The Planning Manager recommends approval subject to the following condition: 1. The street light and service line must be removed or relocated at the property owner=s expense and with permission by the City. Jeremy Mitchell, representing the property owner, has requested the abandonment of a 5 foot wide easement that equally straddles the adjoining property line between Lots 6 and 7, Block 3, Leroy Addition, Unit 2. The property is located at 5360 Laverna Drive. Mr. Mitchell states that Walter and Judy Bettis purchased the two lots in 2008 with the intention of building a new home in the center of the two lots. Recently, after the completion of the design of the home, it was brought to the Bettis=s attention that a 5' utility easement straddles the property line between the two lots. The easement is currently being used to bring power to a street light located between Lots 6 and 7. This item was sent to all interested parties. Entergy states that it has a overhead service line in the easement that powers a street light at the street. The street light and service line can be removed or relocated at the property owner=s expense and with permission by the City. PUBLIC NOTIFICATION Notices mailed to property owners 1 . Responses in Favor . Responses in Opposition . LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Being a 5' x 93' general utility easement that straddles the adjoining lot line between Lots 6 and 7, Block 3, Leroy Addition, Unit 2, beginning at the north side of a 15' drainage and utility easement that runs along the south property line of said Lots 6 and 7 and ending at the south right-of-way line of Laverna Drive, City of Beaumont, Jefferson County, Texas, containing 0.010 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: Jeremy Mitchell for Faust Engineering and Surveying, Inc. PROPERTY OWNER: Walter and Judy Bettis LOCATION: 5360 Laverna Dr. EXISTING ZONING: RS (Residential Single Family Dwelling) District PROPERTY SIZE: 0.010 acres, more or less EXISTING LAND USES: Vacant FLOOD HAZARD ZONE: Shaded A X @ - Areas determined to be within the 500-year floodplain SURROUNDING LAND USES: SURROUNDING ZONING: NORTH: Residential RS (Residential Single Family Dwelling) District EAST: Vacant RS SOUTH: Vacant RS WEST: Residential RS COMPREHENSIVE PLAN: Neighborhood Growth Unit STREETS: Laverna Drive - Local street with a 60' wide right-of-way and an 18' pavement width DRAINAGE: Open ditch WATER: 2 1/4" water line SANITARY SEWER SERVICE: 6" and 8" sanitary sewer lines PROPERTY OWNERS Walter Bettis