Planning Commission OKs 2 requests


By Sheryl Roadcap - sroadcap@sidneydailynews.com



SIDNEY — The Sidney Planning Commission OK’d two requests for a replat and a vacation of a drain easement request during its Monday evening meeting.

The replat was the request of Mark and Lisa Kouse for the approval to replat two lots to create one new lot. The property is located in the R-1, single family residence district, on Spruce Avenue, south of Ridgeway Drive. A single family dwelling is located on one of the two parcels.

The replat will result in one lot with 2.016 acres, said Community Development Director Barbara Dulworth. No new utility easements are included with this replat. While the interior property line between the existing lots will be vacated to create the new lot, the utility easements adjacent to the vacated lot line are not being vacated with this action. If the current, or any subsequent, property owners wish to construct a building or structure over the center of the new lot, she said the easements must be vacated first.

In order to ensure the limitation of the utility easement remains, city staff recommended the following statement be added to the plat: “We, the owners, understand that a utility easement, dedicated to public use, remains on either side of the vacated property line, and that no building or structure may encroach on the utility easement.”

The new lot meets the lot size, width, and lot width to depth requirements of the zoning code and subdivision regulations.

The replat was approved understanding that the replat recommendation will not be presented to the Sidney City Council until all utilities have signed acknowledgement of the easement vacation.

Prior to the vote, Commission member Patricia Miller asked how long it takes to get the utility approval. She was told 60 days up to six months, as it can be a lengthy process.

Also Monday, the commission approved the request of Choice One Engineering, on behalf of Magic Tunnel Midwest, for the vacation of a drainage easement on the on west side of 2680 Michigan St. This property was developed in 2017, Dulworth said.

The building was constructed on top of the drainage easement. No drainage pipe is located in the easement, nor is there a drainage ditch for surface drainage. Engineering department staff has reviewed the surrounding properties and the area drainage and has determined the drainage easement is unnecessary and can be vacated, Dulworth noted.

Commission member Merrill Asher asked why the easement was not pointed out when the business started their building process. Dulworth said she is not 100% sure, but guesses it’s because that easement may not have been included on the site plan when it was submitted, because the building would not have been allowed to be put there.

Both approved requests will forwarded on to Sidney City Council for recomendation for approval at a future council meeting.

By Sheryl Roadcap

sroadcap@sidneydailynews.com