2010-53 VACATING PORTION OF ALLEY - 100 BLOCK SOUTH OAKLAND AVENUE

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DEVELOPMENT SERVICES MEMORANDUM No. 10-61 July 14, 2010 TO: Honorable Mayor Michael T.McElroy and City Council FROM: Ryan P. McCrady, City Manager Greg C. Crowe, Assistant City Manager Suzan M. Stickle, Senior Planner SUBJECT: Vacation of a portion of the Alley in the 100 Block of South Oakland Avenue SUMMARY RECOMMENDATION: Staff recommends approval of the partial alleyway vacation with the following conditions: 1. All easements shall be maintained. 2. Coordinate with the Fire Department prior to the installation of fencing. 3. Signage to assure safe travel from alleyway to Main Street shall be provided. Coordinate with the Public Works Department. 4. Remove drive approach, replace with curb and gutter and bring the sidewalk boulevard to grade to match existing. Coordinate with Public Works Department. The City Plan Commission voted 4-2-1 to recommend approval of this petition at the July 1, 2010 meeting; the minutes of the meeting are attached. BACKGROUND: The petitioner is requesting vacating a portion of the alleyway in the 100 Block of South Oakland Avenue. The vacation of the western 80 feet of the alleyway will enable the petitioner to create an outdoor patio for the adjacent restaurant much like what is currently being utilized across Oakland Avenue at Lock Stock and Barrel. All property owners adjacent to the entire alley as well as the garbage haulers for the area have been notified by the petitioner regarding the vacation and no objections have been expressed. 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 alleyway vacation were expressed. An appraisal was conducted on the subject property. The proposed vacated property has an estimated market value of $1,000.00 which will be paid to the City. The formal vacation of a portion of this alleyway does not appear that it will have an adverse affect on the general public. A 20 foot ingress/egress easement has been recorded that will allow traffic to move between the alleyway and Main Street. The 20 foot easement is located east of the Winery building. POTENTIAL OBJECTION: There were no known objectors at the Plan Commission Meeting. INPUT FROM OTHER SOURCES: The vacation has been reviewed by the City's Technical Review Committee; Planning, Engineering and Fire have approved the vacation. STAFF REFERENCE: Any additional questions may be forwarded to Suzan M. Stickle at 424-2786 or at smstickle@decaturil.gov. BUDGET/TIME IMPLICATIONS: None.