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