Excerpts from July 26, 2005, City Commission Meeting

Conduct public hearing to consider the vacation of city right-of-way of Perry Street west of N. 7^th Street (platted as Maine Street) Smith’s Subdivision in North Lawrence, as requested by Mike and Sheri Nieder.  

Chuck Soules, Public Works Director, presented the staff report.   He said that section of Perry Street, east of 7^th Street was vacated in the 1980’s and that section being requested did not connect through.  He said the property owners would like to use the area for garages for the two houses.  

He said property owners within 200 feet and all utilities had been notified by staff and staff recommended approval of the vacation.

Mayor Highberger asked if there was any pending development planned in the area.

Soules said he had no knowledge of any planned development for that property.

Commissioner Schauner asked if vacating that ground would cause that property to be landlocked.

Soules said there was access to the north.

Commissioner Amyx asked, if the property would redevelop, would access be from the north.

Soules said the property had access to Lincoln Street.

Mayor Highberger asked how the area was zoned.

Linda Finger, Planning Director, said the area was zoned M-2 (General Industrial District).

Mayor Highberger called for public comment.

After receiving no public comment, it was moved by Hack, seconded by Schauner, to close the public hearing. Motion carried unanimously.

Commissioner Schauner said his concern was that this property did not become landlocked.  If the Commission approved that vacation, he asked what needed to be done administratively to prevent a future Commission from being faced with a question about lack of access.

Linda Finger, Planning Director, said when land was vacated, the vacation would be filed with the Register of Deeds and staff would record that vacation on the City’s GIS system for mapping purposes.  If staff was to pull up that request, they could see that area was vacated which was a first step in talking to staff about development.  She said without coming to the City first, it might be later that a person would find out about a vacation when a person submitted their application.

Commissioner Schauner said with the access only from the one end of this property, if the Commission approved this vacation, he asked if Finger had any sense about what was done to the value of that undeveloped or vacant property that adjoined. 

Finger said the M-2 zoning (General Industrial District) did more to the value of the property than leaving one access.  She said the M-2 created difficulty for existing residential that were in the area, but it also created difficulty for the residents that were on the property because it was difficult to acquire homeowner’s insurance when a property was not zoned as their specific use.  She said it would do more harm as a residential purpose. 

Moved by Amyx, seconded by Schauner, to approve the Order of Vacation of city right-of-way of Perry Street west of North 7^th Street (platted as Maine Street) Smith’s Subdivision in North Lawrence and authorize the Mayor to sign the vacation order.  Motion carried unanimously.