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Planning commission approves variance to reduce Castle Drive right-of-way for Fall Creek Farms minor subdivision
Summary
The Lawrence-Douglas County Joint Metropolitan Planning Commission unanimously approved a variance allowing a reduced right-of-way dedication along Castle Drive for a minor subdivision in Fall Creek Farms after staff explained an existing utility easement prevented full dedication.
The Lawrence-Douglas County Joint Metropolitan Planning Commission on April 21 approved a variance to reduce the required right-of-way dedication along Castle Drive for a minor subdivision in Fall Creek Farms.
Planning staff member Sandy Dave told commissioners the subdivision regulations require a total 50-foot right-of-way for a principal arterial such as Castle Drive, but the applicant could not dedicate the full width because the western portion of the right-of-way is encumbered by an exclusive utility easement held by Westar Energy. Dave said Westar had no intent to relinquish that easement, and staff and municipal services supported the proposed reduced dedication.
The commission considered the staff report, took no public comment, and moved to approve the variance associated with Minor Subdivision Plat 25-0003 (Fall Creek Farms, 2nd Plat). The motion as stated on the record was: “I’d move to approve the variance to allow the reduction of right of way for Castle Drive from a 50 to a variable not less than a hundred feet associated with minor subdivision plat 25-0003, Fall Creek Farms, 20 Second plat.” The motion received a second and passed by unanimous voice vote. The meeting record does not list a roll-call tally; the clerk recorded the action as approved unanimously.
Staff emphasized the narrow scope of the action: the commission acted only on the variance to the right-of-way requirement. No other approvals or plat recordation occurred at the meeting, and the applicant was not present in the hearing room. The minutes show staff had attempted to contact the applicant by email prior to the meeting.
The commission’s approval forwards the variance outcome to whatever administrative steps are required for the subdivision to proceed; the record does not specify subsequent ministerial filings or effective dates for the variance. The staff report and the recorded motion are the controlling public documents for this action.
Speakers and attributions above are taken from the meeting transcript and the official motion as read into the record.
