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HomeMy WebLinkAbout09-354SEPTEMBER 8, 2009 09 -354 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SETTING PUBLIC HEARING DATE TO VACATE PORTION OF AN ALLEY NORTH OF EAST LINWOOD AVENUE BETWEEN ASHLAND STREET AND HARRISON STREET INITIATED BY: JOSEPH CHILDERS, PETITIONER PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, it appears that the public interest requires that that portion of the following described street or alley within the City of Oshkosh be vacated and discontinued: That portion extending northerly 100 +/- feet from the north right -of -way line of E. Linwood Avenue and abutting Lots 11 -12 and Lots 23 -24, inclusive, Block 4, 1st Addition to Plat of Interurban Land Co., all part of the NE Y4 of the SW Y4 of Section 12, Town 18 North, Range 16 East, all within the 15th Ward, City of Oshkosh, Winnebago County, Wisconsin. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a hearing on the passage of the following resolution shall be held before the Common Council in the Council Chambers in the City Hall, City of Oshkosh, Winnebago County, Wisconsin, on Tuesday, October 27, 2009 at 6:00 PM of said day and the proper City officials are hereby authorized and directed to give notice of said hearing by personal service and publication of said hearing as provided by law. BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh pursuant to Section 66.1003(4) of the Wisconsin Statutes, that it is hereby declared that since the public interest requires it, that portion of the following described street or alley within the City of Oshkosh, Winnebago County, Wisconsin, be vacated and discontinued: That portion extending northerly 100 +/- feet from the north right -of -way line of E. Linwood Avenue and abutting Lots 11 -12 and Lots 23 -24, inclusive, Block 4, 1st Addition to Plat of Interurban Land Co., all part of the NE Y4 of the SW Y4 of Section 12, Town 18 North, Range 16 East, all within the 15th Ward, City of Oshkosh, Winnebago County, Wisconsin. 7HKOf ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Jackson Kin e Director of Co nity Development DATE: September 3, 2009 RE: Approve Setting Public Hearing Date for the Vacation of a Portion of an Alley North of East Linwood Avenue Between Ashland Street and Harrison Street (Plan Commission recommends approval) BACKGROUND /SUBJECT PROPERTY On July 24, 2009, property owners submitted a petition to the Common Council for the vacation of this section of a public alley. The area in this request involves approximately 1,600 square feet of right -of -way that formerly served as an alley behind residences along the 2100 block of Ashland and Harrison Streets. The immediate area consists mainly of residential uses with the exception of industrial uses along the east side of Harrison Street. Over the last several decades, similar vacations of alleys have occurred within this general neighborhood. ANALYSIS The subject right -of -way was platted as an alley in 1899 at which time all of the blocks in this plat were designed with alleys splitting the blocks down the middle. Beginning in the 1960's, many of these alleys were vacated and the land conveyed to adjacent property owners. The subject site is no longer maintained by the City as vehicle traffic no longer has access to the alley. The Department of Public Works has reviewed the request and has no concerns with the vacation as there are no City utilities located within the alley. Since there may be private utilities within the alley, it is recommended a utility easement be placed along the whole width and depth of the proposed vacation. Upon vacation, the four adjoining property owners will receive t /2 of the right -of -way adjacent to their property. FISCAL IMPACT None anticipated other than the vacated right -of -way being added to the property tax rolls. RECOMMENDATION The Plan Commission approved of this request at its September 1, 2009 meeting. Approved, City Manager ITEM: STREET VACATION OF AN ALLEY LOCATED NORTH OF E. LINWOOD AVENUE BETWEEN ASHLAND & HARRISON STREETS Plan Commission meeting of September 1, 2009 GENERAL INFORMATION Petitioner: Joseph Childers Owner: City of Oshkosh Actions Requested: The applicant requests the vacation of a 16 foot by 100 foot alley located north of E. Linwood Avenue between Ashland and Harrison Streets. Applicable Ordinance Provisions: WI State Stats. 66.1003 regulate the discontinuance of a public right -of -way. Property Location and Background Information: On July 24, 2009, property owners submitted a petition to the Common Council for the vacation of this section of public alley. The area in this request involves approximately 1,600 square feet of right -of -way that formerly served as an alley behind residences along the 2100 blocks of Ashland and Harrison Streets. The immediate area consists mainly of residential uses with exception to industrial uses along the east side of Harrison Street. Over the last several decades, similar vacations of alleys have occurred within this neighborhood which is all part of various phases of the Plat of Interurban Land Company's Subdivision. In 1984, a section of this same alley located immediately north was vacated. Subiect Site Public Right -of -Way I R -1 Adiacent Land Use and Zoning .Ezr�s an North Uses" Single-Family Residential R -1 South Single - Family Residential R -1 East Single- Family Residential R -1 West Single - Family Residential R -1 C'Qn` reliens�v lan Land';;tlse heconmendatton Land Use 10 Year Land Use Recommendation Residential 20 Year Land Use Recommendation Residential ANALYSIS The subject right -of -way was platted as an alley in 1899 as part of the Plat of Interurban Land Company Subdivision. All of the blocks of the plat were designed with 16 -foot alleys splitting the blocks down the middle. Beginning in the 1960s, many of these alleys were vacated and the land. conveyed to adjacent property owners. The subject site is no longer maintained by the City as traffic surface no longer exists and vehicle traffic no longer has access to the alley. Upon looking at historical aerial photography, it appears that the alley has been used as rear yard area and maintained by the adjacent property owners since at least the early 1980s. The Department of Public Works has reviewed the request and does not have any concerns with the vacation. There are no City utilities located within the alley right -of -way, however, there may be the presence of private utilities within the alley, and therefore staff will be recommending a utility easement be placed along the whole width and depth of the proposed vacation. Upon vacation, the four adjoining property owners will receive' /2 of the right -of -way adjacent to their property. Each property will receive an 8 -foot by 50 -foot, 400 square foot parcel that will be attached to their property. Staff feels the right -of -way is no longer needed by the City and supports the vacation. The removal of the right -of -way will lessen the impact of setback requirements of the properties for future improvements as the properties will have a true rear lot line instead of a double frontage lot. RECOMMENDATION /CONDITIONS The Department of Community Development recommends approval of the alley vacation with the following condition: 1. A utility easement is placed on the entire vacation area for any existing private utilities /structures. The Plan Commission approved of the alley vacation as requested with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and explained that the remaining part of the alley to the north of this area had been vacated in 1984. The area was currently a grass surface and was being maintained by the adjacent property owners. If the vacation is approved, each adjacent property owner will receive one half of the vacated area. Staff is recommending that a utility easement be placed on the entire vacation area as there may be private utilities located in the area. Mr. Fojtik questioned what private utilities may be located there. Mr. Nau responded that Time Warner Cable, AT &T, and other private entities could possibly have utilities located in the area as the City does not monitor these types of utility placements. Mr. Thorns asked if there were any easements placed on the alley previously vacated to the north of this site. Item - ELinwoodalleyvacation Mr. Buck replied that the city does not know what is located on the previously vacated area and the utility easement was being recommended as a safety precaution. He further stated that there was a 25 foot setback from the lot line for any types of structures on the property and each property owner would only receive an eight foot addition to their lot. Steve Gohde, Assistant Director of Public Works, added that the City does not know if any gas, power, or other private utilities were located in the alley area as the City does not track the installation of private utilities. Mr. Borsuk inquired if the City has ever done an inventory of the alleys in the city and if there were any plans to vacate the remaining ones. Mr. Gohde responded that the City has not inventoried alley locations in the city and that some have been re -paved in the last year as they are still in use. Motion by Nollenberger to approve the street vacation of an alley located north of E. Linwood Avenue between Ashland and Harrison Streets as requested with the following conditions: 1. A utility easement is placed on the entire vacation area for any existing private utilities /structures. Seconded by Borsuk. Motion carried 7 -0. Item - ELinwoodalleyvacation cc AtIoll wo(zs ash L�V a ✓a� Petition l oy'�,'� r,�c�rz -� ('�� �c �� /� NGr Oshkosh, WI, J o I a !� To the of the City of Oshkosh: The petition of the undersigned residents of said city respectfully represents: 1 That your petitioners are residents of the said city, and that each of them resides in the street of the said city UJ H O respectively written below after their nam es(s), ON THE WATER � 2�:��sL,C 5% �TamP Rr. Arlci of (' irmilat6T-: ©5 h YC` S h � -1 - 1 z wq �n 0 ar tS 3i Mal � imp i � 2�:��sL,C 5% �TamP Rr. Arlci of (' irmilat6T-: ©5 h YC` S h � -1 - 1 z wq �n 0 ar tS 3i STREET VACATION BABBITZ ERNEST F SCHAEFER THOMAS J /KIM K ALLEY N OF E LINWOOD AV 2106 ASHLAND ST 2109 HARRISON ST PC: 09 -01 -09 OSHKOSH WI 54901 1902 OSHKOSH WI 54901 1976 RE 2106 & VAC LOT ASHLAND ST HERBST JOHN H /MARY G WOLF MARY H CHILDERS JOSEPH 2113 HARRISON ST 320 E LINWOOD AVE 2102 ASHLAND ST OSHKOSH WI 54901 OSHKOSH WI 54901 1928 OSHKOSH WI 54901 LIND ROGER M HARRINGTON ROBERT /DOUG H MYERS NORMAN 680•W STH AVE 2026 ASHLAND ST 1513 DIVISION ST OSHKOSH WI 54902 5833 OSHKOSH WI 54901 2306 STEVENS POINT WI 54481 RE 2025 HARRISON ST RE 2102 ASHLAND ST 4 SUBJECT SITE 0 0 N r O N 33B.3T R ON tR3h .NOR 2...�a.l.::. 1I VACATE ALLEY DISCLAIMER NWOOD AU This map is neither a legally recorded map nor N OF E L I a survey and it not intended to be used as one. BETW /' S H L_AN D ST 1V H K Of J This drawing is a compilation of records, data O,f HKOf and information located in various city, county c ON T wares and state offices and other sources affecting Q, HARRISON V T the area shown and it is to be used for reference & City Of Oshkosh purposes only. The City of Oshkosh is not re- Department of sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the Community Development City of Oshkosh. Scale. 1 '— 1 00 Created by - dff 08111109 I raft �, ffi wl j jm�j max.. m 07 2 d i m mumiums . ...:. �._ ing S UMMO N �a 9 ' it ., PO a NMI W■■■■■■����r WIN ��� ■ mum �•��. ■ �■u� ■ice C.� Ilia i1iYw__is�� DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not re- sponsible for any inaccuracies herein contained. If discrepencies are found, please contact the City of Oshkosh. Created by - dff VACATE ALLEY N OF E LINWOOD AV BETWEEN ASHLAND ST N O.fHKOlH 4N THE WATER & HARRISON ST City of Oshkosh Department of Community Development Scale: 1" = 100' 08/11/09