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Review the Final Plat of
Chance Acres. Roger Cutsinger of Goedecke Engineering presented the final
plat on behalf of the owner. Ron Roberts submitted an aerial photo of the
area for the committee to use. Roger Cutsinger supplied the committee with a
plat with corrections and additions as requested my Les Mangus.
Lynn Heath asked if the
owner is asking for this property to be annexed into the city. Roger
Cutsinger said they are not at this time. Les Mangus said this is property in
the City of Andover's extra-territorial subdivision jurisdiction.
Roger Cutsinger stated the
owner of this property is elderly and is selling or giving this property to
some of his family. He said there are 2 homes currently on the property on 130th Street. The west one is scheduled to be removed, the residents of the one
on the east 5 acres are interested in buying the house and the 5 acres and is
the reason for the split of Lot 2. The remainder of the 66 acres Mr. Chance
will continue to farm.
Ron Roberts was concerned
about the lack of access to the majority of the property in Lot 2. Roger
Cutsinger said Mr. Boone is the executor or POA of the estate and has been to
The Butler County Planning Board to have the property rezoned to Rural
Residential. Roger Cutsinger presented a copy of the County rezoning
Resolution. .
Clark Nelson asked what
changes were made between the first plan submitted in the packets and the one
distributed tonight. Mr. Cutsinger said he changed text to read the Andover
City Planning Commission recommending approval to Butler County
Commissioners, Butler County Commissioners accept the dedications, changed
the net acreage of Lot 1 from 4.75 to 5, and changed the right-of-way
dedication to the 50 foot required minimum arterial street.
Roger Cutsinger said he has
not provided Les with the drainage plan or the title report yet.
Lynn Heath asked if the
Final Plat applies to the entire property. Mr. Cutsinger said it is for Lots
1 and 2.
Les Mangus was concerned
about the future development of the tract of land that is 1/2-mile deep south
of 130th Street and west of Andover Road that has no internal
roads, no roads adjacent to it either. Property owners along Andover Road have between 5 and 20 acre plats that have access to Andover Road.
Lynn Heath asked about the
strip of land that is in the center of the plan, off of 130th
Street. Ron Roberts said that it was a past error made by the County.
Clark Nelson said there is a
legal theory of "easement by necessity".
David Martine asked if a
house could be built on Lot 2 now as it is zoned as Rural Residential. Les
said there is an existing house on the lot. Roger said there is a house
immediately west of Lot 2 that is not in good shape and is planned for
demolition, and the house is close to the property line to avoid a problem
meeting the 270 foot frontage requirement
Lynn Heath said there would
have to be an additional 60 feet for a right-of-way road and there would not
be room for that.
Clark Nelson asked how close
this property is to the Andover City limits. Les Mangus said there is only
175 feet from the corner of Andover Road and 130th Street. Les
Mangus said the Planning jurisdiction stops on the south line of this
property where Rose Hill picks up.
Clark Nelson asked if this
property would someday be annexed.
Les Mangus said to meet with
Andover standards, there would have to be a collector street built at or near
the half-mile line, but there is nothing to connect to.
Clark Nelson asked Les if he
was satisfied with the items subject to the drainage plan and title report.
Les said he was not, but did not know of any other options for this property.
He said he would rather have dedications for the collector streets and if the
owner wants more development in the future, to make proper dedications for
additional collector streets.
There was general discussion
of a 50-foot easement for a half road, then when the adjoining property is
developed, to require the other 50 feet at that time. Les Mangus said that
adjacent property to the west is only 248 feet wide.
Les Mangus said there is
typically a 30 - 35 feet to preserve a hedgerow. If that is done in this
case, it will landlocked so the adjoining owner will not have access to the
street.
Roger Cutsinger said he did
not think the owner would mind the dedication for a road.
Clark Nelson made a
motion to recommend approval to the Planning Commission for the Final Plat of
Chance Acres with the following conditions: Submission of the title report,
drainage plan, dedicate a 30 foot reserve on the west with the permitted uses
being landscaping and access, and a 70 foot road right-of-way, on the south
will be a 70 foot strip of right-of-way adjacent to the power line
right-of-way. Ron Roberts seconded the motion. Motion carried 4/0.
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