2019-18 Ordinance Vacating an Alley South of 800 West King Street

Home Browse Search

Excerpts from Plan Commission Meeting of March 7, 2019: Case No. 19-12 Petition of WAVE PROPERTIES, INC to vacate an existing twenty (20) foot wide alley generally located north of the 800 BLOCK of West Green Street, east of the 900 BLOCK of North Van Dyke Street, south of the 800 BLOCK OF West King Street, and the section west of the alley at the 900 BLOCK of North Pine Street between West King Street and West Green Street. It was moved and seconded(Frantz/Jeffery) to forward Case No. 19-12 to the City Council with a recommendation of approval as set forth in the staff report. Mr. Dedert discussed and presented slides of the site and surrounding properties (available for viewing upon request) along with staff's approval of the petition based on the staff report distributed to the Plan Commission prior to the meeting (staff report is on file and is available for reviewing by request) with the following conditions: 1. An easement for the vacated alley shall be maintained for utilities. 2. The alley must be maintained in a condition consistent with the remainder of the property. 3. The petitioner is required to get in writing from the owner if they are interested or not in half of the alley before the City Council meeting. Mr. Kent Newton asked if this was a right-of-way vacation. Mr. Dedert said it is a right-of-way, however, it was once an alley years ago. Mr. Frantz asked who owns the fence north of the bar. Mr. Dedert said the representative would be able to answer this question. Mr. Matt Cox,representative for the petitioner, stated the bar is the owner of the fence on the north side. They are currently working with owner of the bar to give up their interest in the south path of the alley so the petitioner can acquire the entire twenty (20) feet. They are currently working with the utility companies to move the existing utilities or leave an easement for them to use. There were no objectors present. Upon call of the roll, Commission members Bill Clevenger, Bruce Frantz, Terry Howley, Bruce Jeffery, Kent Newton and Acting Chairman Susie Peck voted aye. Acting Chairman Peck declared the motion carried.