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VAC2013-00003 - Request to vacate a portion of platted front yard setback; generally located east of 279th Street West, north of 61st Street North, on the south side of Busy Bee Lane. (District 3, City of Andale's Area of Zoning Influence).
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Recommended Action: Follow the recommendation of the Metropolitan Area Planning Commission, approve the Vacation Order, and authorize the necessary signatures.
Background: The applicants propose to vacate the RR Rural Residential ("RR") zoned subject site's south 6 feet of the platted 30-foot front yard setback, resulting in a 24-foot front yard setback; Lot 4, Block 2, Bluestem Acres Second Addition. The Unified Zoning Code's (UZC) minimum front yard setback for the RR zoning district is 30 feet, when it is located along a rural residential road; UZC, Sec.III-B.2.d(3) & Sec.III-E.1.e(3). The front setback runs parallel with the rural residential road, Busy Bee Lane. If the setback was not platted the applicants could have requested an Administrative Adjustment that would reduce the RR zoning district's minimum 30-foot front yard setback by 20%, resulting in a 24-foot front yard setback. Reduction beyond the 24-foot front yard setback would require a variance, which is a separate public hearing process. There is a platted 20-foot wide utility easement located within the platted setback; this will not be impacted by the request. There is a 50-foot wide portion of a platted floodway reserve located within the platted setback; this will not be impacted by the request. There are no utilities located within the described setback. The Bluestem Acres Second Addition was recorded with the Register of Deeds October 9, 2002.
Analysis: The MAPC voted (11-0) to approve the vacation request. No one spoke in opposition to this request at the MAPC's advertised public hearing or its Subdivision Committee meeting. The City of Andale's Planning Commission approved this request at their March 6, 2013, meeting. No one spoke in opposition to this request at the Andale meeting. No written protests have been filed.
Alternatives: Not Applicable.
Financial Considerations: Not Applicable.
Legal Considerations: Approved as to form and signed by County Counselor's Office. The Board of County Commissioners is authorized by K.S.A. 58-2613, et seq. to grant petitions for vacation of platted streets, alleys, public easements and public reservations. The order is approved as to form and signed by County Counselor's Office
A certified copy of the Vacation Order will be recorded with the Register of Deeds.
Policy Considerations: Not Applicable.