2011-09 VACATING ALLEY 900 BLOCK E ELDORADO AND E NORTH

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Excerpts from Plan Commission Minutes of February 3,2011: Cal.No. 10-39 Petition of LINDY LU, LLC, to vacate the Alleyway located in the 900 Block of East Eldorado Street and East North Street. Mrs. Joselyn Stewart was sworn in by Mrs. Janet Poland. Mrs. Stewart presented the recommendation of staff: The petitioner is requesting to vacate the Alleyway located in the 900 Block of East Eldorado Street and East North Street. The property owner at 930 East North Street has been sent a letter by the petitioner regarding the vacation. The certified letter went unclaimed. The petitioner owns all other adjacent properties. Letters were sent to AmerenIP, Comcast Communications, and AT&T notifying the utility companies of the vacation request and no objections to the proposed vacation have been expressed. An easement will be reserved for utility access. Because the first appraisal did not exceed $2,000.00 and there is only one (1) licensed commercial appraiser in the City of Decatur, only one (1) appraisal was conducted on the property. The proposed vacated property has an estimated market value of$750.00 which will be paid to the City. The alleyway is not necessary to serve the general public. Staff is of the opinion that the best interests of the City of Decatur would be served by approving the request to vacate the alleyway. Staff recommends approval of the petition. The Administrative Policy of the City of Decatur requires that property vacation requests be submitted for a public hearing. Although a Plan Commission recommendation is not required, a motion to forward the request of Cal. No. 10-39 to the City Council with a recommendation for approval is suggested. Mr. Phil Cochran, representative, was sworn in by Mrs. Poland. Mr. Cochran said the owner of Lindy Lu, Mr. Mark Allen, recently constructed a new Speed Lube on the south side of East Eldorado Street. Mr. Allen has been purchasing adjacent properties to the east and south of the Speed Lube. There is one property Mr. Allen does not own and they have tried to notify the owners of the proposed vacation by certified mail. The owners of the property have not picked up the certified mail. Mr. Steve John asked if the home was occupied and if the alley was used for trash collection. Mr. Cochran said the alley is not used for trash collection and the property is owner occupied. Mr. Allen has a verbal agreement that any time the home owner would like to sell the property he will purchase the property. There were no objectors present. It was moved and seconded (Peck/Dial) to forward Cal. No. 10-39 to the City Council with recommendation for approval as presented by staff. Motion carried unanimously.