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Commission approves vacation of unbuilt Estes Court, requires access and utility easements
Summary
The commission voted to recommend vacating roughly 400 feet of unbuilt Estes Court in the Parkview Terrace subdivision, contingent on recorded access and utility easements to adjacent lots and an administrative combining of Lots 11–17A into a single lot.
The Ozark City Planning and Zoning Commission on Feb. 24 recommended approval of Vacation‑24‑0001, a proposal to vacate approximately 400 feet of platted but unbuilt Estes Court in the Parkview Terrace subdivision.
Planning staff described the street as a dedicated right‑of‑way that was never constructed and said none of the public improvements — including sewer, water, stormwater or the street itself — were completed. Staff cited RSMo 89.34 as part of the legal authority for recommending a vacation. "This is a request from the property owners of Lots 11, of of Lots 11 Through 17 A... to vacate approximately 400 feet of right away platted as Estes Court," Randall Whitman, planning staff, told the commission.
Staff recommended approval on two conditions: recorded access and utility easements from the adjoining properties on East Bryant Street (Lots 10 and 19A) to provide access to the rear lots, and an administrative replat to combine Lots 11 through 17A into a single lot. Staff also noted the easement should include a utility easement to protect existing fiber/Internet infrastructure (referred to in the record as Brightspeed). Staff said the vacation must be recorded first, then easements and the replat recorded in the required sequence.
Applicant Olivia Bryant, who represents the owners, described family ownership and the cost of building the previously platted road as the reason for the request. "My family has joined me. My husband and his dad built almost all the houses there on Bryant Street... we thought we were gonna possibly build on all of those lots, and then the cost of building a road and a sidewalk and curb and gutter and all that stuff was just too much," Bryant said.
Staff reported no public comments were received at the neighborhood meeting and that required notices were posted. Commissioners asked clarifying questions about how the vacated area would be divided (half to each adjoining owner) and whether public mains for water and sewer already extend to the parcels; staff confirmed public mains are extended to the property, and private connections would be made to those mains.
A motion to recommend approval of the vacation with the two staff conditions passed on a roll-call vote; the record shows the commission’s present members voted aye. The motion directs that the street vacation be recorded first, then the access and utility easements recorded, and the administrative combination of Lots 11–17A recorded afterward.
No final conveyance of the vacated land or easements will be recorded until the Board of Aldermen takes final action and the recorded documents are prepared in the required sequence.
