Hearing officer approves vacation of public utility easement in Leisure Subdivision

Hearing Officer Kellen Spillman approved a request to vacate part of a public utility easement in Leisure Subdivision during an administrative hearing May 1, 2025, in the Borough Assembly Chambers.

The vacation affects a portion of a public utility easement on a roughly 2.4-acre parcel bounded by the Richardson Highway and the Old Richardson Highway. Zach Lee, the staff contact, told the hearing the request qualifies as a quick plat because it modifies a public utility easement and that the plat “does not create a new violation of the design and public improvement requirements of Title 17.”

Staff recommended approval with three conditions and three findings of fact. Spillman added a fourth condition requiring both existing access points onto the Old Richardson Highway to be shown on the final plat and said he would approve the request “with 4 conditions as amended.”

Jeremy Stark of Stutzman Engineering, representing the applicant, said affected utilities had reviewed the plat and “do not have an objection.” Lee confirmed the parent plat (plat number 96109) graphically depicted two existing access points that staff recommended be shown on the final plat.

Under the action, the final plat must be prepared by a registered land surveyor and submitted to the community planning department within 24 months or the preliminary approval becomes void. Spillman noted that the decision can be appealed through the borough clerk’s office within 10 working days of the hearing.

The staff report cited FNSBC Title 17, including a prohibition on direct access to the Richardson Highway per FNSBC 17.56.010(f), and stated additional accesses onto the Old Richardson Highway are prohibited. No members of the public signed up to testify on the case.