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Council approves right‑of‑way use agreement for Old Town Ellison Street encroachments
Summary
The city approved a right‑of‑way use agreement addressing built encroachments (balconies, awnings, signs and patio seating) at 135 and 139 West Ellison Street to allow a zero‑lot‑line configuration downtown; staff said applicants must carry liability insurance and pay removal costs if required.
The Burleson City Council unanimously approved a right‑of‑way use agreement for structures that encroach into the Ellison Street right‑of‑way at 135 and 139 West Ellison Street.
Tony McIlwain, development services director, explained the request covers balconies, awnings, wall sconces, signs, downspouts and other improvements that currently encroach into the right‑of‑way. He said the exhibit included language to allow design flexibility and a zero‑lot‑line configuration for the buildings while preserving council oversight of additions.
McIlwain told council the applicants are responsible for general liability insurance and for expenses incurred by the city or utilities for removal of improvements if necessary. He also noted a previous Old Town Design Standards Review Committee recommendation of approval (vote 8–0) and said staff supported the agreement. The applicant listed on the agenda was Justin Bond for BTX Old Town LLC and BTX Condominium Association Inc.
Council voted to approve the right‑of‑way use agreement without recorded opposition.
