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

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STAFF REPORT Decatur City Plan Commission COMMON NAME: ROW Vacation, 200 Block Southmoreland Place GENERAL INFORMATION Hearing Date August 1, 2013 Calendar No. 13-43 Property Location 200 Block Southmoreland Place Requested Action Vacate Walkway Right-of-Way Petitioner Donald & Delores Coventry and Carlos Fior Representative Phil Cochran, Chastain and Associates LAND USE AND ZONING Direction Existing Land Use Zoning Com Prehensive Plan Subject Property Right-of-Way R-2 Residents 1-Low Density North Single Family Residence R-2 Residents 1-Low Density South Single Family Residence R-2 Residents 1-Low Density East Right-of-Way R-2 Residents 1-Low Density West Right-of-Way R-2 Residents 1-Low Density BACKGROUND 1. The petitioners have filed the request to vacate the walkway Right-of-W,y (ROW) in the 200 Block of Southmoreland Place after they and the Homeowner's Associatiol 1 were notified by the City that the locked access gate that was placed over the sidewalk was not al owed as it was Public Right-of-Way. The City was notified of this gate by a citizen who uses t e walkway/sidewalk. The gate was to be removed or a petition was to be filed to vacate the w lkway ROW. If the petition is approved by the City Council the gate will be able to remain in place, if the petition is denied, the gate will have to be removed. 2. The petitioners are requesting to vacate the ten (10) foot walkway ROW located in the 200 Block of Southmoreland Place. The Right-of-Way to be vacated is approximately 1,649 square feet in area. The petitioner's own all the property adjacent to the ROW. The entire walkway ROW to be vacated is improved with a concrete sidewalk. 3. The vacation will enable the petitioner's to have control of the walkway aking it part of their property. The property owners wish to take control of the walkway because they feel as though the neighborhood will be made safer if there is controlled access at this point The petitioners have support of the Southmoreland Place Homeowner's Association to vacate the walkway ROW. If vacated, the gate that is in place will be able to be closed and the petitioner's and neighborhood can have controlled access through the gate.