2011-43 VACATING ALLEY - 700 BLOCKS OF NORTH UNION AND CHURCH STREETS

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STAFF REPORT Decatur City Plan Commission COMMON NAME: Alleyway Vacation, 700 Blocks of North Union and Church GENERAL INFORMATION Hearing Date July 7, 2011 Calendar No. 11-19 Property Location 700 Blocks of North Union and Church Requested Action Vacate Alleyway in the 700 Blocks of North Union and Church Petitioner Thomas Kowa, Manager of OKO, LLC Representative Shane Mendenhall, Bolen Robinson& Ellis, LLP LAND USE AND ZONING Direction Existing Land Use Zoning Comprehensive Plan Subject Property Alleyway M-2 Light Industrial North Vacated Alleyway M-2 Light Industrial South Railroad ROW M-1 Light Industrial East Vacant M-2 Light Industrial West Vacant M-2 Light Industrial BACKGROUND 1. The petitioner is requesting vacating the alleyway in the 700 Blocks of North Union Street and North Church Street. The vacation will enable the petitioner to control the alley and utilize the area in the future as part of their overall neighborhood plan. The petitioner owns the property on both sides of the alleyway. 2. The original petition requests vacating a portion of Union Street as well as a portion of the alleyway. Upon further research by Staff, it was found that in 1943, the South 130 feet of North Union Street and 105 feet of the subject alleyway was also vacated in 1943. The only portion of the petitioner's request that needs to be vacated is a 60 foot by 20 foot wide portion of the alleyway located directly north of Railroad Right-of-Way. STAFF ANALYSIS 1. The petitioner owns all adjacent properties to the alleyway. 2. Letters were sent to AmerenIP, Comcast Communications, and AT&T notifying the utility companies of the vacation request and no objections to the proposed alleyway vacation were expressed. 3. An appraisal was conducted on both the alleyway and North Union Street Right-of-Way. The property has a market value of$0.08 per square foot. The only portion of alleyway that requires vacation is 1,200 square feet in area. The proposed vacated alleyway has an estimated market value $96.00 which will be paid to the City.