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Commission opens discussion and public hearing on one‑sided utility easement option; returns item for rewrite and further study

3380340 · March 6, 2025
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Summary

The commission discussed a proposed amendment to R‑1 zoning utility easements that would allow eliminating a public utility easement (PUE) on one side of a lot in some circumstances; commissioners favored treating most requests as amended plats for existing subdivisions and asked staff to draft alternate language.

The commission considered an amendment to R‑1 zoning related to public utility easements (PUEs). The draft would permit removal of a PUE on one side of a lot—leaving front and rear easements intact—so long as utility needs and neighboring properties are addressed. Commissioners discussed practical and fairness concerns: eliminating a PUE on one side could create unequal burdens across neighbors and could complicate future utility work; conversely, allowing an amended plat process for existing lots with long‑standing infrastructure may resolve cases where homeowners cannot use narrow strips of land because of a recorded easement.

Staff and several commissioners said the intended change was primarily to facilitate amended plats for existing subdivisions where homeowners wish to build closer to a lot line and utilities have been serving the property for years. Commissioners noted that utility companies may be reluctant to relinquish easement rights and that an amended plat process (with utilities signing or other conditions) may be a reasonable approach. The public hearing was opened and closed with no substantive public testimony, and commissioners directed staff to draft two versions of the amendment: one limited to amended plats (existing development) and one addressing new subdivisions, with language that addresses matching easements between neighboring lots and minimum widths.

The item was not adopted; staff will prepare revised drafts and return for further consideration.