2013-74 VACATING PUBLIC WALKWAY RIGHT-OF-WAY - SOUTHMORELAND PLACE

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Excerpts from Plan Commission Minutes of August 1,2013 continued: Chairman Livingston asked how far you would have to go to access Southmoreland Place without using this Right-of-Way. Ms. Stickle stated the sidewalk ends at Lake Shore Drive and you will not have access to a sidewalk until you would enter into Southmoreland Place at South Jasper Street. Mr. Phil Cochran, representative, was sworn in by Mrs. Poland. Mr. Cochran said the petition is signed by the two (2) residents, Mr. and Mrs. Coventry and Dr. Fior, who both live adjacent to the proposed vacated sidewalk. Mr. Cochran stated that Dr. Fi is property has been burglarized four (4) times within two (2) years and the Coventry's one (1) time. Their privacy has been compromised several times and for these reasons a locked gate was put up. There is an individual who has contacted the Southmoreland Place Association. They stated they walk their dog in Southmoreland Place and they enter and exit through this walkway and do not want this gate locked. The Association told them they would provide them with the code to the gate. The person was not happy witl this arrangement and would like the walkway to remain open. Mr. Cochran said this is a safety and welfare issue. Mr. Newton asked where the sidewalk is in relation to the ten (10) foot Right-of-Way. Mr. Cochran stated the sidewalk is in the middle of the Right-of-Way which would give each homeowner five (5) feet of the Right-of-Way. Ms. Mary Downing, 281 Southmoreland Place, was sworn in by Mrs. Poland. Ms. Downing stated she has been a resident in Southmoreland Place since she was sixteen (16), she is now almost 82. She feels this is a safety matter and she is all for making Southmoreland Place safer. Mr. Donald Coventry, 246 Southmoreland Place, was sworn in by Mrs. Poland. Mr. Coventry said his property abuts this walkway. He stated he has had burglaries at his house and people have stolen things out of his yard. He has had people actually knock on his door to see if anyone was at home. There is a lot of brush along this sidewalk so it is hard to see if anyone is hiding there. Mr. Coventry stated that other people that live in Southmoreland Place do not have the same issues as he does since they are not as close to this area. Everyone in Southmoreland Place has the code to access the locked gate so they are able to come and go as they want. Mr. Newton asked if Mr. Coventry is planning on leaving the gate and sidewalk where they are if this request is successful. Mr. Coventry stated Dr. Fior and he plan on giving it back to the Southmoreland Association so everyone can still have access to it. Ms. Stickle read a letter of objection from Steve and Norma Morrison, 60 Eastmo eland Court (letter is attached). Mr. Jack Myatt asked if this was the only objection received by staff. Ms. Stickle sai yes. Mr. Carlos Fior, 250 Southmoreland Place,was sworn in by Mrs. Poland. Mr. Fior said his main concern was the safety of the steps to this sidewalk. He is a raid if the gate is not closed there may be an accident. He asked who is responsible for the upkeep forte property where the proposed vacation ends. Mr. Griffin Enyart was sworn in by Mrs. Poland. Mr. Enyart said the property on the other side of the proposed vacation is a State fight-of-Way and the State is responsible for their Right-of-Way. It was moved and seconded (Myatt/Smith) to forward Calendar No. 13-43 to tf e City Council with recommendation for approval as submitted. Motion carried unanimously.