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Planning board recommends vacating 3-foot easement at 103 24th Avenue despite sewer dispute; final action conditioned on resolution
Summary
The board recommended Resolution 2026-01 to vacate a 3-foot platted easement for new construction at 103 24th Avenue, voting 4–1 after public opposition raised an unresolved neighbor sewer connection and a prior unauthorized cutting of a sewer line.
The Planning Board on Jan. 26 recommended that the City Commission vacate a 3-foot platted easement running along the rear of Lots 5 and 6 at 103 24th Avenue (Resolution 2026-01) to allow new residential construction, but the board acknowledged an ongoing sewer-service dispute between neighbors and the property owner.
Amy Lettler, representing adjacent property owners David and Melinda Gallaher, told the board the Gallaher sewer connects to the Peza property line and that the Pezas recently cut the line without proper city approval; she cited a legal opinion by City Attorney Vose advising that vacating the easement while an active sewer connection issue remains could expose the city to claims. Ms. Lettler asked the board to defer action until the sewer matter is fully resolved.
Owner Michael Pesa addressed the board and said a private demolition contractor cut the line without his knowledge; he asserted he paid a plumber to reconnect the service and disputed characterizations in public comment. Staff said letters of no conflict had been issued by Duke Energy, Pinellas County Utilities, Charter and Frontier, and TECO Peoples Gas, but confirmed that the sanitary sewer connection issue would need resolution before final city action. Staff recommended the board's recommendation be forwarded to the commission and noted the final decision would be subject to resolution of the sewer issue.
After discussion about conditioning any commission approval on an agreement ensuring uninterrupted lawful sewer service, the board moved to recommend the vacation to the City Commission; the motion passed by a 4–1 roll call vote (Chair Hubbard voted no). Board members and staff emphasized that the Planning Board is a recommending body and that the commission will consider the outstanding sewer-service matter before finalizing any vacation.
Next steps: The Planning Board's recommendation will be transmitted to the City Commission; staff suggested conditioning any vacation approval so it would not become effective until the parties resolve the sewer-service issue or a court determines rights between the private parties.
