Title
Public Hearing: Application #PL2023-223 - Vacation of Right-of-Way - A portion of NE Hardage Circle right-of-way located north of NE Todd George Road (abutting 1502 NE Hardage Circle); Diana Gronberg, applicant.
Body
Issue/Request:
The applicant owns the residence at 1502 NE Hardage Circle. The applicant requests to vacate an excess portion of NE Hardage Circle right-of-way that abuts their property to the east. The subject portion of right-of-way was originally dedicated in 1943 at the time the Calloway Heights subdivision was platted. The subject portion of right-of-way follows the original road configuration for Lake Shore Drive (now known as NE Hardage Circle), which had several jogs that mimicked the shoreline. A subsequent linear road configuration for what is now NE Hardage Circle was later constructed. The linear configuration required the dedication of additional right-of-way to the east of the original right-of-way in 1962, resulting in excess right-of-way that the applicant now seeks to vacate. The portion of right-of-way that is requested to be vacated does not cover any portion of the existing street.
The purpose of the vacation is to revert the subject portion of excess right-of-way back to the abutting private property. The request for vacation of right-of-way stems from the efforts of the current property owner to merge and replat the lots that compose the parcel addressed 1502 Hardage Circle into a single lot. It was during the course of these efforts that the limits of the excess right-of-way were discovered to constitute the front yard of the aforementioned properties; a small portion of the existing house on 1502 NE Hardage Circle actually encroaches into the subject right-of-way. Vacation of the requested portion of right-of-way will still leave 50’ of right-of-way to cover the actual street and area utility infrastructure. A utility easement will be retained over the eastern 10’ of the vacated right-of-way for any future n...
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