HomeMy WebLinkAbout09-353SEPTEMBER 8, 2009 09 -353 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE SETTING PUBLIC HEARING DATE TO VACATE
PORTION OF RAINBOW DRIVE, WEST OF PUNHOQUA
STREET
INITIATED BY: BRUCE & ANNE SAGER, PETITIONERS
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, it appears that the public interest requires that that portion of the
following described street or alley within the City of Oshkosh be vacated and
discontinued:
That portion extending westerly 144 +/- feet from the west right -of -way of Punhoqua
Street and abutting the south lines of Lots 181 -182 and easterly 37 feet of the south lot
line of Lot 183, Algoma Addition, also abutting the north line of Lot 1, Repps Replat, all
part of the NW Y4 of the SE Y4 of Section 15, Town 18 North, Range 16 East, all within
the 16th Ward, City of Oshkosh, Winnebago County, Wisconsin
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a hearing on the passage of the following resolution shall be held before
the Common Council in the Council Chambers in the City Hall, City of Oshkosh,
Winnebago County, Wisconsin, on Tuesday, October 27, 2009 at 6:00 PM of said day
and the proper City officials are hereby authorized and directed to give notice of said
hearing by personal service and publication of said hearing as provided by law.
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh
pursuant to Section 66.1003(4) of the Wisconsin Statutes, that it is hereby declared that
since the public interest requires it, that portion of the following described street or alley
within the City of Oshkosh, Winnebago County, Wisconsin, be vacated and
discontinued:
That portion extending westerly 144 +/- feet from the west right -of -way of Punhoqua
Street and abutting the south lines of Lots 181 -182 and easterly 37 feet of the south lot
line of Lot 183, Algoma Addition, also abutting the north line of Lot 1, Repps Replat, all
part of the NW Y4 of the SE Y4 of Section 15, Town 18 North, Range 16 East, all within
the 16th Ward, City of Oshkosh, Winnebago County, Wisconsin
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DISCLAIMER VACATE PORTION
This map Is neither a legally recorded map nor O F RAINBOW D R
a survey and it Is not Intended to be used as one. N /LJV f !LJ
This drawing is a compilation of records, data O ✓ i- KO H
and information located In various city, county W OF P U N H O Q UA ST ON THE WATER
and state offices and other sources affecting
the area shown and it is to be used for reference City Of Oshkosh
purposes only. The City of Oshkosh is not re- Department Ot .
sponsibie for any Inaccuracies herein contained. Community Development
If discrepancies are found, please contact the
Cityof0shkosh. Scale: 1" = 100'
08/12/09
Created by - dff
V
O -HKOlH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson Ki e -��
Director of Co unity Development
DATE: September 3, 2009
RE: Approve Setting a Public Hearing Date for the Vacation of a Portion of Rainbow
Drive, West of Punhoqua Street (Plan Commission recommends approval)
BACKGROUND /SUBJECT PROPERTY
On July 16, 2009, property owners submitted a petition to the Common Council for the vacation
of Rainbow Drive from Punhoqua Street west 144 feet to the street terminus. The area in this
request involves approximately 8,640 square feet of right -of -way. The immediate area consists
mainly of residential uses with the exception of Lakeshore Golf Course to the west and Rainbow
Park to the east of the subject area.
ANALYSIS
The subject right -of -way was platted as a dead end to Rainbow Drive in the early 1900's,
possibly with the intent to extend the street into what is now Lakeshore Municipal Golf Course,
which use made that possible plan obsolete. Rainbow Drive serves one residential property on
the north side of the street and the vacation of this land would result in the City no longer being
responsible for maintaining the existing street serving only this one property.
The Department of Public Works has reviewed the request and has no concerns with the vacation
as there are no City utilities within the right -of -way. Since there may be private utilities within
right -of -way, it is recommended a utility easement be placed along the whole width and depth of
the proposed vacation. Upon vacation, the two adjoining property owners will receive 1 /2 of the
right -of -way adjacent to their property.
FISCAL IMPACT
None anticipated other than the vacated area being added to the property tax rolls.
RECOMMENDATION
The Plan Commission approved of this request at its September 1, 2009 meeting.
Approved,
City Manager
ITEM: STREET VACATION RAINBOW DRIVE WEST OF PUNHOQUA STREET
Plan Commission meeting of September 1, 2009
GENERAL INFORMATION
Petitioner: Bruce & Anne Sager
Owner: City of Oshkosh
Actions Requested:
The applicant requests the vacation of Rainbow Drive from Punhoqua Street west 144 feet to the
street terminus.
Applicable Ordinance Provisions:
WI State Stats. 66.1003 regulate the discontinuance of a public right -of -way.
Property Location and Background Information:
On July 16, 2009, property owners submitted a petition to the Common Council for this vacation
request.
The area in this request involves approximately 8,640 square feet of Rainbow Drive right -of -way
located west of Punhoqua Street. The immediate area consists mainly of residential uses with
exception to Lake View Golf Course to the west and Rainbow Park to the east of the subject area.
Subiect Site
Public Right -of -Way I R -1
Adiacent Land Use and Zonin!
Exts rn '
North
Uses
Single-Family Residential
R -1
South
Single- Family Residential
R -1
East
Single - Family Residential /City Park
R -1 & R -2
West
Golf Course
R -1
Cow reensive Plfi sand Use eco'mmendalto
Land Use
10 Year Land Use Recommendation
Residential
20 Year Land Use Recommendation
Residential
ANALYSIS
The subject right -of -way was platted as dead end to. Rainbow Drive in the early 1900s. Plans long
ago may have called for the extension of Rainbow Drive into what is now Lake View Municipal
Golf Course, but development of the golf course has made that plan irrelevant. This section of
Rainbow Drive serves one residential property on the north side of the street. Staff feels this
request is warranted because the City would no longer be responsible for maintaining the existing
street serving only one property. The best use of this land is to convey the right -of way to the two
property owners. Arrangements have been made between the two owners to transfer the southern
portion of the vacation to the residence to the north to further increase their lot size.
The Department of Public Works has reviewed the request and does not have any concerns with
the vacation. There are no City utilities located within the street right -of -way, however, Wisconsin
Public Service has electric leading to a street light on the west side of the subject site. There may
also be the presence of other private utilities; and therefore, staff will be recommending a utility
easement be placed along the whole width and depth of the proposed vacation. The City will also
remove the existing street light since it would no longer serve a public street.
Upon vacation, the two adjoining property owners will receive '/z of the right -of -way adjacent to
their property. Each property will receive a 30 -foot by 144 -foot, 4,320 square foot parcel that will
be attached to their property.
Staff feels the right -of -way is no longer needed by the City and supports the vacation. The street
serves no purpose to the general public besides the one single family residence who will benefit
from the vacation by increased lot size.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends approval of the street vacation with the
following condition:
A utility easement is placed on the entire vacation area for any existing private
utilities /structures.
The Plan Commission approved of the street vacation as requested with conditions noted. The
following is the Plan Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site and explained that the only functional use of the
street vacation area was driveway access to property located at 1703 Punhoqua Street. If the
vacation is approved, each adjacent property owner will receive one half of the vacated area and
arrangements have been made between the two owners to transfer the southern portion of the
vacation to the residence to the north to increase the lot size and make it more buildable. There is
currently a street light on the west side of the site which will be removed, however staff is
recommending that a utility easement be placed on the entire vacation area as there may be private
utilities located on the site.
Bruce Sager, 1703 Punhoqua Street, stated that he would like the condition removed regarding the
utility easement placement on the entire vacation area as he had plans to construct a workshop on
the site. He further stated that there were no private utilities located in the area other than the
Wisconsin Public Service electric leading to the street light and that he had contacted Digger's
Hotline who confirmed this information.
Mr. Gohde commented that until the Wisconsin Public Service line servicing the street light is
removed there are utilities located in the vacated area and after that line is removed, they would
have to go back and attempt to verify that there are no private utilities located there.
Mr. Fojtik inquired if once the utilities are removed, could the condition be removed as well.
Item- RainbOW DYStVacation
Mr. Nau suggested that Wisconsin Public Service could release the easement once they have
removed their electric line.
Mr. Gohde commented that a release would also have to be obtained from Time Warner Cable and
AT &T as well.
Mr. Borsuk questioned if Digger's Hotline would be checking for utilities on private property at
the City's request.
Mr. Thorns commented that they would perform thi's service as he has had it done at his residence.
Mr. McHugh stated that to his knowledge, Digger's Hotline will not locate utilities on private
property at the City's request for liability reasons.
Mr. Monte commented that they would locate utilities on private property but only at the property
owner's request.
Mr. Nau suggested that the property owner may have to sign a waiver with Wisconsin Public
Service to obtain the release of the utility easement.
Mr. Buck suggested that the condition be rephrased to state that the utility easement be retained if
private utilities are present.
Mr. Gohde stated that verifying if private utilities are present is quite a task to track as there are a
lot more than just the entities previously mentioned such as NTD, Kentucky Datalink, etc.
Mr. Borsuk inquired if he would have any thoughts on the appropriate verbiage for the condition.
Mr. Monte commented that as the current verbiage discusses existing utilities on the site, he did
not feel that any change was necessary to the phrasing of the condition. There may be some delay
in construction if private utilities are found to be present and would be required to be moved or
removed, but the current verbiage appropriately addresses the issue.
Mr. Borsuk questioned if a party could build on a designated easement area.
Mr. Burich responded that any construction would be subject to the removal of the utilities first,
but the condition only applied to existing private utilities on the site and if it was confirmed that
none existed, it would not prevent the property owner from constructing in that area.
Mr. Monte stated that it would be up to the property owner to make the necessary contacts to
ensure that no private utilities were present prior to any construction on the site.
Motion by Monte to approve the street vacation of Rainbow Drive west of Punhoqua Street
as requested with the following conditions:
1. A utility easement is placed on the entire vacation area for any existing private
utilities /structures.
Seconded by Hinz. Motion carried 7 -0.
Item- RainbowDrSt Vacation
Oshkosh, WI, 20
To the C r , ') C o LA n c I l of the City of Oshkosh:
The petition of the undersigned residents of said'aity respectfully represents:
That your petitioners are residents of the said city, and that each of them resides in the street of the said city 0J� -KOV
respectively written below after their names(s), ON THE WATER I
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STREET VACATION SAGER BRUCE /ANNE- JOSEPH THOMAS J
RAINBOW DR W OF PUNHOQUA 1703 PUNHOQUA ST 4490 HARBOR VILLAGE DR
PC: 09 -01 -09 OSHKOSH WI 54904 9265 OMRO WI 54963 9499
RE 1516 REPP AV
REPP ALAN D MCHUGH STEVEN CITY OF OSHKOSH
1506 REPP AVE 1630 PUNHOQUA ST PO BOX 1130
OSHKOSH WI 54902 2651 OSHKOSH WI 54902 2663 OSHKOSH WI 54903 1130
RE 1650 RAINBOW DR
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DISCLAIMER VACATE PORTION a
This map Is neither a legally recorded map nor O F RAINBOW D R
a survey and It Is not intended to be used as one. N
This drawing is a compilation of records, data Of HKO f H
and Information located in various city, county ON THE WATER
and state offices and other sources affecting
W O F P U N H O Q UA ST
the area shown and it Is to be used for reference City of Oshkosh
purposes only. The City of Oshkosh is not re- Department Of
sponsible for any Inaccuracies herein contained.
If discrepancies are found, please contact the Community Development
CllyofOshkosh. Scale. 1 n — 100'
Created by - dff 08112109
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DISCLAIMER VACATE PORTION a
This map Is It n
a survey and k is not Intended to be used as one. N
Is no legally recorded map nor O F RAINBOW D R
drawing is of records, data Of HKOf H
This a compilation
and information located in various city county W OF P U N H O Q UA ST oN THE wATEA
and state offices and other sources affecting
the area shown and It is to be used for reference City Of Oshkosh
purposes only. The City of Oshkosh Is not re- Department of
sponsible for any Inaccuracies herein contained.
If discrepancies are found, please contact the Community Development
City of Oshkosh. Scale. 1 — 1 000 1
Created by - dtt 08112/09
v
DISCLAIMER
This map is neither a legally recorded map nor
a survey and It is not intended to be used as one.
This drawing is a compilation of records, data
and information located In various city, county
and state offices and other sources affecting
the area shown and it is to be used for reference
purposes only. The City of Oshkosh is not re-
sponsible for any inaccuracies herein contained.
If discrepencies are found, please contact the
City of Oshkosh.
Created by - dff
VACATE PORTION
OF RAINBOW DR N O.IHKOlH
W OF PUNHOQUA ST ONTNI WATER
A City of Oshkosh
Department of
�� Community Development
Scale: 1 = 100
08112/09