Owners ask to remove 'no access' restriction so accessory building can have safer driveway

Property owners Eddie and Emily Estes told staff they applied for a building permit for an accessory structure but could not construct a driveway off Southeast Fitch Street because a recorded "no access" restriction wraps the corner of their lot.

Staff explained the planning solution: because the owners control the lot, the practical remedy is to replat the final plat and remove the recorded "no access" limitation so the accessory structure can be accessed from Southeast Fitch Street without a long driveway from the other street.

Why it matters: The change would allow a shorter, safer driveway for the accessory building and reduce site disturbance compared with creating a long approach from the other frontage.

Planning staff said the property meets minimum area requirements for the applicable zoning (E3 district was cited in the staff presentation) and that the parcel already has on-site stormwater and sanitary sewer connections. The staff recommendation was that the owners pursue a replat to remove the no-access notation in the final plat; staff said other mechanisms such as vacating the access limitation would require district court proceedings and are less practical for a single-owner lot.

Neighbors who spoke during the discussion said the change would not create a safety issue and supported the shorter driveway for an accessory building.

The transcript of the meeting does not show a final administrative decision; staff said the owners were directed to complete the replat to resolve the access issue.