Item Coversheet
      

5919 MAIN STREET .  NEW PORT RICHEY, FL 34652 . 727.853.1016


TO:City of New Port Richey City Council
FROM:Debbie L. Manns, City Manager
DATE:1/19/2021
RE:First Reading, Ordinance No. 2021-2221: Vacation of Right-of-Way for Tasmin Lane

REQUEST:

The request is for City Council to conduct a first reading of an ordinance to vacate the right-of-way for Tasmin Lane. Tasmin Lane is a 15 foot public right-of-way, platted in 1923, that runs between the properties located at 6049 Oleander Avenue and 6061 Oleander Avenue from Oleander Avenue to the river.



DISCUSSION
:

The applicant, Ms. Elizabeth Colligan, resides at 6049 Oleander Avenue which abuts Tasmin Lane, a 15 foot Right-of-Way (ROW).  In 2000, the previous owner of 6049 Oleander Avenue obtained a right-of-way permit from the City to build a driveway in the ROW.  The driveway was installed.  The current owner, Mrs. Colligan, purchased the property in 2010. 

The adjacent property that also abuts Tasmin Lane is owned by Mr. Donald Burdick.  He has obtained a permit to construct a single family house utilizing Tasmin Lane as access to his driveway.  Mr. Burdick’s home is currently under construction.

Ms. Colligan does not desire to share a driveway with Mr. Burdick and is requesting a vacation of Tasmin Lane.  If granted she will obtain half, or 7 ½ feet, and Mr. Burdick will obtain the other half as required by State Statute 177.085.

May 23, 1923

The Old Grove Subdivision is platted.

 

December 6, 2000

Margaret Paschal obtained a permit from the City to construct a driveway in the ROW.

 

November 19, 2020

Elizabeth & Joseph Colligan purchase 6049 Oleander Avenue (The recorded deed does not include the driveway located in the ROW).

 

August 31, 2018

Donald H Burdick purchases 6061 Oleander Avenue.

 

July 7, 2020

Mr. Burdick applies for a building permit for a single family house utilizing Tasmin Lane as access to his driveway. City issues permit.

 

October 27, 2020

Mrs. Colligan submits an application to vacate Tasmin Lane.

 

 

 

The only abutting landowners to Tasmin Lane are Mr. Burdick and Mrs. Colligan.  Mr. Burdick has expressed opposition to the vacation due to a negative impact on access to his new home.  Duke Energy is requesting an easement for their use and City Public Works has also asked for a utility easement to run the entire length of the ROW.

 

On December 3, 2020, the Development Review Committee reviewed the case and found there was no public benefit in vacating the ROW and recommended denial of the request.  On December 17, 2020, the Land Development Review Board reviewed the issue and found there was no public benefit in vacating the ROW and recommended denial of the request as well.



RECOMMENDATION:

Staff recommends that City Council conduct the first reading of the ordinance and to deny the applicant's request to vacate the right-of-way on Tasmin Lane as recommended by the Development Review Committee and Land Development Review Board.



BUDGET/FISCAL IMPACT:

No funding is required for this item.
ATTACHMENTS:
DescriptionType
Ordinance No. 2021-2221: Vacation of Right-of-Way for Tasmin LaneOrdinance
Application - Elizabeth ColliganBackup Material
Aerial of Applicant's PropertyBackup Material
Supporting PhotosBackup Material
No Objection LettersBackup Material
Driveway PermitBackup Material
The Old Grove PlatBackup Material