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Commission tables two‑lot land division after easement concerns; petitioner asked to return with clarifications

2518382 · March 6, 2025
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Summary

A proposed two‑lot certified survey map (CSM 42052433) for a planned infill site was tabled after commissioners identified recorded easements affecting the proposed lots and asked the petitioner to secure evidence the easements will be addressed before the item goes to council.

The Planning Commission voted to table consideration of a two‑lot certified survey map (CSM 42052433) after commissioners raised questions about multiple recorded easements that may cross the proposed lots and impede buildable areas.

Staff said the CSM aligns with a previously approved infill development and recommended approval subject to a financial guarantee for curb installation and removal of an existing light pole in the entrance area. Commissioners then examined the certified survey map and pointed out a central easement that appears to run through the portion of the proposed Lot 2 where a driveway and building pad would normally be located and noted other easements that may involve O’Reilly’s Auto Parts and Walgreens.

Commissioner Kevin (last name not specified) argued the commission should not proceed unless the petitioner produced firm evidence that other easement holders had abandoned or were willing to amend easements so the proposed lots would be buildable. Staff said both proposed lots were owned by the petitioner and that the petitioner could negotiate easement amendments with affected leaseholders, but several commissioners said the commission should not place the city in the middle of private negotiations.

A motion to table the CSM until the petitioner returns with documentation showing how the easement issues will be resolved carried by voice vote. Staff said the item will not appear on a council agenda until the petitioner secures an affirmative recommendation from the commission.