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Owner seeks small lake-rights vacation at 1130 Southwest 40th Street; hearing examiner to recommend approval to council
Summary
MRC Property Management requested vacation of lake right-of-way and platted easements to extend a private lot; staff recommended approval with conditions and the hearing examiner will forward a recommendation to City Council.
MRC Property Management, LLC requested vacating approximately 1,001 square feet of lake right-of-way and 888 square feet of platted easement at 1130 Southwest 40 Third Street so the owner can extend the property to the seawall. The petitioner said all utilities signed off and the owner intends to build a new house on the consolidated lots.
Justin Heller, senior planner with the Cape Coral Planning Division, said the right-of-way and underlying easements are isolated and will not provide future transportation or public access benefits, that utility providers had no objections, and that the vacation is consistent with the single-family future land use classification. Staff recommended approval with conditions that preserve a minimum six-foot public utility and drainage easement around the expanded site, require legal descriptions and sketches be consistent, and require recordation after payment of recording fees.
Applicant representative Steven LaBuff told the examiner he had reviewed the staff report and agreed with staff findings. The hearing examiner said she would recommend the vacation to City Council; the council has final authority on vacation matters.
