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HomeMy WebLinkAboutNotes, Work PLANNER 7/28/2021Memo To: File From: Melissa Carino, Senior Planner cc: Sandy Belson, Planning Manager Mark Rust, Interim Current Planning Supervisor Date: July 20, 2021 Re: Update on ROW Vacation Application (811-20-000240-TYP4) Application Fees for Major Variance Application (811-21-000198-TYP3) On December 15, 2020, the new property owner of 5409 Ivy Street — Bruce Hamovitz — applied for a vacation of a portion of right-of-way (ROW) fronting his home to build a detached garage and shop that would meet the resulting front yard setback (Case 811-20-000240-TYP4). Springfield's City Council initiated a resolution to vacate that ROW on April 5, 2021, because the applicant was not able to obtain signatures from all affected property owners due to the COVID-19 safety protocols that were in place. The City Council held a public hearing on the ROW Vacation on May 3, 2021, and asked staff to consider the value of the ROW portion subject for vacation before they could decide. On May 17, 2021, City staff proposed a resolution to waive the assessment of special benefit, but the City Council chose not to adopt that resolution at that time. In processing a work order for the assessment of special benefit and reviewing title and plat information, both the City Attorney and County Attorney offices determined there were special circumstances because 5409 Ivy Street was not included in the residential subdivision plat that dedicated that portion of ROW to the City. If the Council vacated the ROW portion, ownership of that portion would transfer from the City to the Homeowners' Association of the Pinehurst residential subdivision, not to Mr. Hamovitz and 5409 Ivy Street. Due to the complications with the ROW vacation, City staff offered an alternative to Mr. Hamovitz to vacating the ROW. City staff asked Mr. Hamovitz to consider the Major Variance process as an alternative pathway to reach his goal to build a detached garage and shop on his property. The variance request would be for a reduced front yard setback. Because of the special circumstances involved as well as the amount of time it has already taken, the fact that the City didn't learn who would assume ownership of the vacated right-of-way until late in the process, $6,717.00 already paid in application fees paid, and retaining services of surveyor to assist with the vacation process, the DPW Director offered Mr. Hamovitz to process the Major Variance Application at no additional charge. The application fees for a Major Variance is typically $8,722.15. Mr. Hamovitz agreed to take the Major Variance review process on July 19, 2021