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Planning commission backs vacation of small Oaks Addition reserve so homeowner can place shed
Summary
The Derby Planning Commission voted 8-0 to recommend the City Council approve a plat-text amendment that would allow a homeowner to place an accessory structure on a 3,621-square-foot portion of a golf-course reserve in the Oaks Addition, subject to rededication and other staff conditions.
The City of Derby Planning Commission on Oct. 2 voted unanimously to recommend that the City Council approve a plat-text amendment to vacate a 3,621-square-foot portion of Reserve GC-4 in the Oaks Addition so the property owner can place an accessory structure.
City staff told commissioners the affected parcel is a very small piece of a reserve originally platted for use in association with the adjacent golf course and that the recorded plat text currently prohibits structures. Scott Knaebel, city staff, said the portion proposed for vacation is platted as floodway and would require any building to obtain a floodplain permit because it lies in the 100-year floodplain.
The applicant, Bob Raider, said he bought the house at 1737 North Summerchase about a year ago and had assumed his property extended farther back toward a tree line and existing berm. "I purchased this house a year ago and... I made the mistake of assuming that I had property all the way back to the tree line," Raider told the commission. He described buying the small pie-shaped piece of ground from the golf course to install a fence and said he had a pad poured for a shed before learning the plat text prohibited structures.
Knaebel told the commission staff provided required public notice and that notice letters prompted no objections; staff also mailed utility agencies and confirmed utilities remain in easements and would not be affected. Knaebel recommended approval of a plat-text amendment that would legally describe the parcel and permit an accessory structure for Lot 1, Block H subject to any required approvals.
Commissioners moved and seconded a resolution recommending vacation of the plat text for Reserve GC-4 in the Oaks Addition, subject to staff conditions and rededication. The motion passed on a hand vote, 8-0.
The item now goes to the Derby City Council for consideration. If the council approves the vacation, the applicant will still be required to secure any necessary floodplain and building permits before constructing the shed.
