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Home My WebLink About14. 17-600 DECEMBER 12, 2017 17-600 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: RELEASE EASEMENT AT 1319 BAYSHORE DRIVE INITIATED BY: CITY OF OSHKOSH PLAN COMMISSION RECOMMENDATION: Approved BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to release the easement located in the vacated right of way,per the attached, and the proper City officials are hereby authorized and directed to execute any and all documents necessary for purposes of same. TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: December 7, 2017 RE: Release Easement at 1319 Bay Shore Drive (Plan Commission recommends approval) BACKGROUND The subject property is a residential lot located at 1319 Bay Shore Drive and is approximately 21,180 square feet in area. The property contains a 5,755 square foot two story single-family residential structure which was built prior to 1931 according to the City of Oshkosh Assessor's website. The surrounding area consists predominately of single family uses. The subject property as well as the surrounding area are zoned SR-3-LRO Single Family Residential 3 District with a Lakefront Residential Overlay. ANALYSIS The petitioner is requesting the release of an approximately 6 -foot wide by 30 -foot deep easement located east of the existing home on the property. The subject easement is located in vacated right-of-way along the east property line where the petitioner is planning to place an addition to the east of the existing home that would extend into the easement area. The City no longer has a need for the easement rights as the right-of-way has been vacated and the Department of Public Works will work with the property owners to have appropriate documents signed and recorded at the Winnebago County Register of Deeds. FISCAL IMPACT Release of the easement will not result in the expansion of any city services but will add additional property tax value to the community by allowing an addition to be made onto an existing home. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us RECOMMENDATION The Plan Commission recommended approval of the release of the easement at its December 5, 2017 meeting. Respectfully Submitted, Darryn Burich Director of Planning Services Approved: Mark A. Rohloff City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 hffp://www.ci.oshkosh.wi.us ITEM: RELEASE EASEMENT AT 1319 BAYSHORE DRIVE Plan Commission meeting of December 5, 2017 GENERAL INFORMATION Petitioner: RH Design Build, LLC Owner: Bradford J/Maureen M Lasky Action Requested: The petitioner is requesting the release of an approximately 6 -foot wide by 30 -foot deep easement located east of the existing home on the lot. Applicable Ordinance Provisions: N/A Property Location and Type: The subject property is a residential lot located at 1319 Bay Shore Drive and is approximately 21,180 square feet in area. The property contains a 5,755 square foot two story single-family residential structure which was built prior to 1931 according to the City of Oshkosh Assessor's website. The surrounding area consists predominately of single family uses. The subject property as well as the surrounding area are zoned SR-3-LRO Single Family Residential 3 District with a Lakefront Residential Overlay. ANALYSIS The subject easement is located in vacated right-of-way along the east property line. The petitioner is requesting release of the easement as they have plans for an addition to the east of the existing home that would extend into the easement area. Staff does not have concerns with the release of the easement as the City no longer has a need for the easement rights as the right-of-way has been vacated. The Department of Public Works will work with the property owners to have appropriate easement documents prepared, signed and recorded at the Winnebago County Register of Deeds. RECOMMENDATION/CONDITIONS Staff recommends approval of the release of the easement as requested. The Plan Commission approved of the easement release as requested. The following is the Plan Commission's discussion on this item. Mr. Slusarek presented the item and reviewed the site and the area of the easement proposed to be released. He explained the reason for the request which was to allow the property owner to construct an addition to the home that would extend into the easement area. He also reviewed the site plan depicting the proposed addition and easement area to be released. There was no discussion on this item. Motion by Vajgrt to approve the release of an easement for property located at 1319 Bayshore Drive. Seconded by Bowen. Motion carried 6-0-1. (Abstained-Borsuk) Item -Release Easements -2300 block Wisconsin St S Mrr io: P��yy City of Oshkosh Depl. of Commurvly Development C181 q ( j 0 h osi 215 r Wl 5� ch pi.a,8ox 1130 Oshkosh General Application PHONE: (920123b,5059 "PLEASE TYPE OR PRINT USING BLACK INK— APPLICANT INFORMATION Petitioner. 9}1 rrGrry tityT� 7_il'. Dote; 1l� /� 41 Pelitioner'sAddress;c � ,cSIit��~7,l City; State,. Telephone #; 02ej 23 r Fax; (°iia) 17(9- Other Contact # or Email; �N/S e p—Hm'�rw ll -16 C4 Slaius of Pelitioner (Pleose Check : q Owner resenialive . Tenont Prospective Buyer Petitioner's Signature (required); Date: OWNER INFORMATION Owner(s): Date: Owner(s) Address: %. >_ j' 9Z_ 'Cily: e-%�KeSX1 Stale: Ztp: �d� Telephone C (%D } 10 �� Fox. ( j 1�,a Other Contact # or Email: 1_4_41nf Le Ownership Status (Please Check)O indivtduol ❑Trust ❑Partnership Corporation Property owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also undersiond that all meeting dates are tentative and may be postponed by the Planning Services Divislon for Incomplete submissions other administrative reasons. n Property Owner's Signature: Date: V 1 1,1 TYPE OF REQUEST: ❑ Access Control Variance :8 Easement ❑ Privilege in Street (Identify) ❑ Other (identify) SrTE INFORMATION Address/Location of Proposed Project: 1 3i 2 j5A y 1)Nve7 Proposed Project Type; .^'" Ia 1110 k_.) Current Use of Properly: T=g�1 Lis 'j') q L� Zoning: Land Uses Surround'ng Your Site: North:A L- - R, • ��... East: 'E-Jth .., cz . > Application fees are due at lime of subml"al. Make check payable to City of Oshkosh. > Please refer to the fee schedule for appropriate fee. FEE 15 NON-REFUNDABLE For more Information please visit the City's website at www.cf.oshkash.vA.vs/Community_Development/Planning.htm sine nniA Rgtori EXHIBIT "A" FOR PARTIAL RELEASE FOR CITY OF OSHKOSH UTILITY RIGHTS LEGAL DESCRIPTION FOR RELEASE AREA: PART OF THE WEST 1/2 OF VACATED LAKE STREET LYING EASTERLY OF AND ADJACENT TO LOT 1 OF BLOCK 31 IN "S.F. MILLER'S SUBDIVISION" OF LOT 12, PER LEACH'S MAP OF 1894, IN THE EIGHTH WARD, CITY OF OSHKOSH, WINNEBAGO COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 23 DEGREES 09 MINUTES 20 SECONDS WEST 27.50 FEET, ALONG THE WEST LINE OF VACATED LAKE STREET, ALSO BEING THE EAST LINE OF SAID LOT 1, TO THE POINT OF BEGINNING; THENCE SOUTH 66 DEGREES 50 MINUTES 40 SECONDS EAST 6.00 FEET; THENCE SOUTH 23 DEGREES 09 MINUTES 20 SECONDS WEST 30.00 FEET; THENCE NORTH 66 DEGREES 50 MINUTES 40 SECONDS WEST 6.00 FEET; THENCE NORTH 23 DEGREES 09 MINUTES 20 SECONDS EAST 30.00 FEET, ALONG THE WEST LINE OF VACATED LAKE STREET, ALSO BEING THE EAST LINE OF SAID LOT 1, TO THE POINT OF BEGINNING. N t Scale 1 inch 30 feet/ \ 30 6,01 60 W / IA \ tore�v^oar' o 4�yCQ , OT /10T12 <o�C IstoR�� SUODNN' OF p 0 2 MILLERS 5LoCK31'5.F. / ��u/Q rys� `� u' / w��"�Co C O BI jsT l CW ry /jNG h' s s6' 30 / \ y tu-0;,0" ¢0E' 30 l / \ O� _ : FOX VALLEY LAND SURVEYING 2909 W TILLMAN ST. APPLETON, WI 54914 (920) 4103379 d (920) 474-5025 mail@foxvalleylandsurveying.com foxvalleylandsurveying.com PROJECT NO, 181730-2 o �IT/N s s��'o')�, h, 1--ko LEGEND 1-1/4" IRON PIPE FOUND EDGE OF PROPOSED BUILDING ADDITION J 33 0, IO � h I, w 730.0 - n o b o• o 1306 4 om. j /1 v p1j 'JI1 �"f� { 1/ rJJ\\tt`�J 3�jr` r 1in=0.01 mi �s �$ '��.:/�-!�'� V��.i', j C +.lir t - . ; _ 1 in =70 ft { City of Oshkosh maps and data are intended to be used for general Idenficabon purposes only, and CiIY the City of Oshkosh assumes no fabWly for the accuracy of the informaDon. Those using the Printing Date: 11/2412017 °t �osh information are responsible for verifyktg accuracy. For full disci mer please go to Ohji`.d.oshkosh.vh.us/GlSdisdaimer Prepared by: City of Oshkosh, WS I J User. kateb q a r ,✓ x • .�> .° ,.. .:.........:....... j /1 v p1j 'JI1 �"f� { 1/ rJJ\\tt`�J 3�jr` r 1in=0.01 mi �s �$ '��.:/�-!�'� V��.i', j C +.lir t - . ; _ 1 in =70 ft { City of Oshkosh maps and data are intended to be used for general Idenficabon purposes only, and CiIY the City of Oshkosh assumes no fabWly for the accuracy of the informaDon. Those using the Printing Date: 11/2412017 °t �osh information are responsible for verifyktg accuracy. For full disci mer please go to Ohji`.d.oshkosh.vh.us/GlSdisdaimer Prepared by: City of Oshkosh, WS I J User. kateb q 107 R-12 P j A I in 0.06 mi . 44 Iin= N 300 ft 0 N. City of Oshkosh maps and data arebtended to be used for general Identification purposes only, and ON the City of Oshkosh assumes no VabfiV for the accuracy of the information. Those using the Printing Date: 11124/2017 ;)rNw hformaton are responsVe for verifying accuracy.For full cis�mer please go to mvild.oshkosh,y4.us/Gl$d�scialmer Prepared by: City of Oshkosh, WI Oshkosh JX31SSannlnq\FlaA Commissloa Site Plan Map Tempfo'eftn Comm;SS.;0A Site Plan Mw User. IV A P 4- -� k �» V V N f �) �� )� �) 1in=0.02mi J� Jr JT Jt ,, E Dt lin=100 ft City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the Printing Date: 11/24/2017 information are responsible for verifying accuracy. For full disclaimer please go to Oshkosh www.ci.oshkosh.wi.us/GlSdisclaimer Prepared by: City of Oshkosh, WI .I 1(;I.S1Planninn\Plan (lnmmissinn .Site Plan Man TemnlatelPlan ('nmmissinn .Site Plan Man Temnlate mxrl I Icer katieh