5.1 Vac Pacific Add· CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
2/28/94 4:00 P.M.
AGENDA SECTION: Public Hearings and Items ORIGINATING DEPARTMENT: APPROVED FOR
NO. Scheduled for a Certain Time AOENDA:
5 Engineering
1 BY: Shawn O'Lear BY:
Item
Report on Petition No. 4076 requesting vacation of the west 12 feet of public
right-of-way on Eleventh Street located between West Grand Avenue and the
20-foot alley to the north of Lots 29 and 30, Block 10, Pacific Addition to the
City of Salina, Kansas.
Back~round
The petition was submitted on January 3, 1994, by Ms. Helen L. Shamburg, owner
of Lots 29 and 30, Block 10, Pacific Addition (aka 600 West Grand). A sketch of
the requested area is attached. Also enclosed is a survey of the property which
indicates the encroachment of the fence and garage.
The purpose of this request for vacation is to bring the property in compliance
with city code and to fulfill an obligation made in a previous Planning
Commission action. On September 7, 1993, the Planning Commission approved a
conditional use permit to allow a Group Day Care Home for up to 12 children to
operate in an R-2 (multi-family residential) district. Several conditions were
attached to the approval, one of which was to obtain a retroactive permit for
placement of the chain link fence and provide a survey to indicate that the
fence is not encroaching on the street right-of-way.
As you can see, the survey indicates an encroachment of 11.4 feet for the fence
and 0.4 feet for the garage on the'property. In lieu of relocating the fence
and garage, the applicant has chosen to request vacation of the right-of-way.
The franchise utility companies have reviewed the proposed vacation request.
Currently, underground gas lines and overhead power lines are located in the
requested area, therefore KPL has recommended denial of the request. No other
utilities are directly affected.
The right-of-way on Eleventh Street is 80 feet, while the current street ROW
standard for similar residential streets is 60 feet. The street width on 11th
COMMISSION ACTION
MOTION BY SECOND BY ,
THAT:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
2/28/94 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR
NO. AGENDA:
Engineering
ITEM:
NO.
BY: Shawn O'Leary BY:
Petition No. 4076
Page 2
Street is 37 feet, which is wider than the conventional 33 feet. There are a
number of streets in Salina with differing rights-of-way and pavement widths.
For that reason, staff recommends against the arbitrary vacation of street
right-of-way without a compelling public interest.
RECOMMENDATION
It is recommended that the City Commission consider one of the following two
alternatives:
1. Deny the request to vacate public right-of-way and order the applicant
to relocate the chain link fence and garage.
2. Deny the request to vacate public right-of-way and provide a license
agreement to allow the use of public right-of-way for the existing
fence and garage.
COMMISSION ACTION
MOTION BY SECOND By
THAT:
~ PACIFIC ' AV
i
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"'; ...... 2 - : ,,;' ,,,,' ,,,' .i -
3 4
10
12 II
14
! /
17 18 17 18 '- 17 I~ , I
19 20
//~' /~?' I /
WOODLAND
$ 6 5 8 6 6
7 8 ,~ ~ 7 8 7''iI
9 ~0 9 ~0 9 I0 9
II ~1 IZ ~1 ~ ~ II
13 J 13 14 13 14 13 ~1 14
17 16 ,17 18 17 I ,
~,D RIGHT OF WAY ~t.
....... ~ ....... ,,,~ ,,,. ,,, ~ ,,~. ;
13 14 13 14 3 4 ,3 4
15 ~6 15 ~6 , I 5 8 6 6
~e 20 ~e ~ ~ I~ ~ ~ ~ ~0
~ =. ~ 24 ~ ~ ~4 ~a ~4 ~3 ~ ..
'.~
LINEN ~ ~ AVL
CERTIFICATE OF SURVEY
20 Ft. Alley
50.00'
THE EAST 0.4 FT. OF THE EXISTING
Z GARAGE ENCROACHES INTO ELEVENTH
_. . , STREET.
GARAGE
I LEGEND
PORCH ~ BAR SET ·
~ ~ z~ (1/2' REBAR)
· ' PROPERTY
C ~m LINE
HOUSE ~ FENCE
I NORTH
PORCH
SCALE 1" -- 20'
20' 0 20' 40'
50.00'
NEST GRAND AVENUE
STATE OF KANSAS) SS DESCRIPTION:
COUNTY OF SALINE)
Lots Twenty-nine (29) and Thirty
(30), Block Ten (10). PACIFIC
I HEREBY CERTIFY THAT THE DESCRIBED ADDITION, to the City of Salfna.
LOT NAS SURVEYED BY lie AND UNDER liY Saline County, Kansas.
DIRECTION AND IN liY PROFESSIONAL
OPINION, IS CORRECTLY SHO#N TO THE
BEST OF FlY KNONLEDGE, INFORNATION. /
AND BELIEF ...... & ...... ,~
/,,
4
959~
DAVID L. HONAK, LS-959 ' ........... "
521 Esat BeloJt Avenue
Saltna, Kansas 67401 dob No. 93171
DATE: December 4, 1993
ADDRESS: 600 Nest Grand Avenue
FOR: Helen L. Shambur9 SalJna, Kansas