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• that this could be precedent setting and it is likely the people that own other parcels will want the <br /> right of way vacated as well. Ms. Miller stated that access at this parcel is too small for utilities <br /> and City Engineering. Mr. John stated that this access is different in that it is L shaped in front of <br /> the property and is not a direct access like the others. <br /> Mr. John stated that it seems shortsighted to sell an easement if public access to the lake might be <br /> needed at some point in the future. He stated that selling the easement completely forecloses the <br /> possibility of access and is not a good idea. <br /> Mr. Carl Tenney, Attorney, was present and spoke for the petition representing the Curry's. Mr. <br /> Curry was also present. Mr. Tenney stated that he counted five comparable access points on the <br /> lake and it would seem that the wider access areas would more likely be used. There are two <br /> properties owned by the Curry's in this location. There is a large tree on one of the properties. <br /> Mr. Tenney stated that given all of the other points of access, the vacation request should be <br /> allowed. <br /> The plat was reviewed by those present. <br /> Mr. Shampine asked if the access could be used as a footpath. Mr. Curry stated that it is too <br /> steep. Mr. John stated that the other access points would require a lakefront trail. He offered a <br /> tabling motion so that the matter could be reviewed in detail, stating that lake access is precious. <br /> NIr. Van Steenhuyse stated that although the discussion is good, it is stai�s opinion after looking <br /> at the area that the vacation be allowed. The Park District was contacted. Due to the unusual <br /> shape of the property this would be the point of access to vacate. <br /> Mr. John disagreed and stated that the other access points are not physically apparent. It would <br /> cause a trail to be cut across several of the properties. Mr. Curry stated that the property is too <br /> steep to ride a bike on or to walk. There is approximately 25 feet difference between the <br /> elevation of Mr. Curry's house and the lake. <br /> There were no objectors present. <br /> It was moved and seconded (Smith/Shampine)to forward Ca1. No. O1-02 to City Council with <br /> recommendation for approval. Motion carried at a vote of six to two. Those Commissioners <br /> voting yea: Shampine, Anderson, Clevenger, Peck, Setina, Smallwood. Those Commissioners <br />� voting nay: John and Smith. <br />