City requests vacation of 20‑foot platted alley between NW 30 Second Place and Burnt Store Road North; staff recommends approval with conditions

The City of Cape Coral asked the hearing examiner on June 3 to vacate a 20‑foot platted alley and associated easements that separate two city‑owned parcels at 5 Northwest 30 Second Place and 14 Burnt Store Road North. Mike Struve, a planning team coordinator with the City of Cape Coral Planning Division, presented the city‑initiated request and said the city proposes to combine the two vacant parcels—together more than 2.6 acres—by vacating the alley and certain platted easements while reserving specific easements for maintenance and future access.

Struve told the hearing that staff had provided public notice and sent letters to surrounding property owners and that the alley and underlying easements, as conditioned, do not serve a foreseeable public purpose. Staff’s recommended approval includes multiple conditions intended to preserve access and utility functions: the city would retain a minimum 6‑foot‑wide perimeter public utility and drainage easement around the expanded site and would retain a 30‑foot roadway/drainage easement on the east property line. The city would also reserve a 24‑foot‑wide strip in Lot 8 to provide future access from the alley to Northwest 30 Second Place; the reservation must be paved and inspected at the developer’s expense unless an acceptable alternative is provided and approved by the city. Struve noted that if utilities are discovered in the vacated area, the developer would be responsible for relocation costs.

Struve also said the request is consistent with relevant comprehensive‑plan policies, including the city’s authority to consider vacation requests to facilitate land assembly (staff cited Policy 3.6) and that the retention of easements and the proposed conditions address transportation and utility requirements. He told the examiner that staff received no written correspondence opposing the request and recommended approval with the enumerated conditions.

The hearing examiner said she would recommend that the vacation proceed as requested and will issue a written recommendation to the City Council. No members of the public spoke for or against the alley vacation at the hearing.

Clarifying details from the hearing record: the alley width to be vacated is 20 feet; the city will retain a 6‑foot perimeter public utility and drainage easement; a 30‑foot road and drainage easement on the east property line will be retained; the city will reserve a 24‑foot strip in Lot 8 for future access and require paving at the developer’s expense unless an acceptable alternative is provided; the two city parcels total more than 2.6 acres before vacation.

The hearing closed with the examiner stating she would prepare a recommendation; the City Council will receive the recommendation and consider final action.