Planning board recommends vacating D–E Street alley with condition to protect drainage

The City of Saint Augustine Beach Planning and Zoning Board on July 15 recommended that the city commission vacate the alley between D and E streets and return the strip to the adjoining property owners, provided the city retains an easement to protect drainage infrastructure. Board members voted to recommend approval with the condition that “no improvements be allowed in the vacated portion of the alley,” preserving access for stormwater maintenance and utilities. The board’s discussion centered on a public works memo noting existing drainage features in the alley, including a swale and a buried pipe, and on how vacating the alley would change rear-yard calculations for owners. Planning staff told the board that, under past alley vacating ordinances, the city retains a permanent easement for utilities and drainage and that permanent structures inside the vacated alley are prohibited. "We do write that public works does have a forever easement over that," staff said. Staff reported that about 75% of the abutting property owners responded in favor of the vacation, two property owners did not respond and therefore were not recorded as opposed, and that typical practice is to grant the vacated strip back to abutting owners while maintaining an easement for city and utility access. A board member noted that when an alley is vacated each adjoining property gains 7.5 feet of rear yard that counts toward setback and ISR calculations but said those added areas are typically not buildable. The applicant, who identified himself for the record as Fred Reno of 203 D Street, told the board he was seeking more rear-yard area and said he would not build permanent structures in the vacated area; his contractor, Eugene Mariuuto of Cap Construction, said any pavers would be kept to the current fence line and not placed in the swale. The board’s recommendation now goes to the city commission. Staff explained that if the commission votes to proceed, city attorneys will draft an ordinance that will return to the commission for one or two readings; provisions the board requested can be incorporated into that ordinance. There was no formal vote opposing the recommendation; the board chair announced, "Motion carries." The board explicitly directed that the recommended approval include a permanent drainage and stormwater easement and a prohibition on structures, walls, planting that would obstruct water flow, and other improvements in the vacated portion of the alley.