91-81 AUTHORIZING CLOSING OF ALLEY ENTRANCE - 100 BLOCK OF WEST NORTH STREET

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. � � , City Plan Commission - October 3, 1991 - Page Two �� Mr. McQueen stated staff would initiate an ordinance to close the alley to City Council. Mr. Tenney questioned if the petition for vacation would be tabled for a specific period or time or generally. Mr. McQueen stated that the petition would be removed from the table at petitioner's request. It was moved and seconded (Gollings/Clevenger) and unanimously approved that Cal. No. 90-39 be tabled indefinitely and closing of the alley approved. Cal. No. 91-47 Petition of RICHARD PARK for a special use permit to allow Christmas tree sales as a seasonal commercial operation on a tract of land commonly known as 2780 Boiling Springs Road. Mr. McQueen stated that the petitioner had requested that the petition be tabled until the November meeting as he proceeds with subdividing the property. It was moved and seconded (Kaptain/Clevenger) and unanimously ap- proved that Cal. No. 91-47 be tabled until the November City Plan Commission meeting. Cal. No. 91-52 Petition of ROBERT KERBY to vacate the road- ` � way easement located south of premises com- monly known as loii Cedar Hill Drive. Mr. Kurt Bickes, Attorney representing Robert Kerby, was present and spoke for the petition stating that an amended request had been prepared. Mr. Bickes stated that the Plan Commission had previously expressed concern regarding the impact on the property owners should the easement be vacated. A petition was circulated to all adjoining property owners regarding the vaca- tion and all but two signed in approval of the vacation. Mr. Bickes presented the petition to the Commission stating that the property owners do not want the land used as a roadway. He noted that the terrain makes the area appear that it has been developed to its extent. Other encroachments into the easement were noted. Mr. Bickes stated that hundreds of trees would be destroyed and property values would go down if the roadway were constructed. The issue of access was discussed, specifically regarding Lot 5. Mr. McQueen stated that an ordinance was approved regarding development of Lot 5 with present easements in place. If vaca- tion occurs as requested, a parcel with no access to a public or private roadway will be created. The situation would have to be resubmitted to City Council for permission or subdivision filed. Mr. Bickes stated that there is 30 feet to use as a driveway. � Mrs. Morthland stated that the easement depends on how the land _ is platted and could be ten feet on the north side and 40 feet on the south depending on the plat and ownership. An easement can be vacated but a dedicated roadway is another matter.