Consider Vacation of Right-of-way at 14241 Fluorine Street NW

This summer staff received a building permit application for the construction of an accessory structure at 14241 Fluorine Street NW.  All zoning requirements (setbacks, etc.) were complied with for this permit, but the homeowner had to shrink the size of the structure because it initially exceeded the size requirements related to his existing parcel size.  The property owner requested whether the platted right-of-way (ROW) for the cul-de-sac bubble could be vacated, and thus increase the overall size of his lot thereby allowing construction of an accessory structure at the size he originally desired.  Due to time constraints he moved forward with his building permit, and has since completed the work.

During the process the property owner commissioned the preparation of a certificate of survey to verify property size.  It was discovered that a small segment of City trail was encroaching on his property in the northwest corner.  He is not overly concerned with the trail encroachment, and would be open to a formal dedication of easement in exchange for the ROW vacation.  The survey also brought about a resident concern that his existing home may not meet City setback requirements, since the ROW for the cul-de-sac bubble is approximately 15' from the garage.  Technically the existing structure is considered legal non-conforming for setbacks.  If the cul-de-sac bubble is allowed to be vacated the property would pick up enough land to take away this legal non-conforming use, but would make it difficult for a cul-de-sac to be constructed.

Since the roadway extension and connection to the neighborhood to the north is no longer feasible due to home construction, a cul-de-sac should be constructed to improve maneuverability at this dead-end location.  Flintwood Terrace Park is located on the west side of the street so it may be feasible to construct an offset cul-de-sac without impacting another residence.  Staff will review whether an adequately sized cul-de-sac can be constructed within the remaining ROW, or on the adjacent park land with minimal disturbance.  Based upon the findings of this preliminary design we can then decide how much (if any) ROW could be vacated.  It would then be up to the Council to determine whether the cul-de-sac should be built within the existing ROW as dedicated, or a vacation is warranted.

The review of this request is being handled by staff time.  Should the Council be open to this ROW vacation a formal process, including a public hearing would be required, and it must be decided whether the City would process this request internally or whether the property owner would be required to submit a formal application and pay the required fees/escrows.

Based upon discussion.