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HomeMy WebLinkAbout09-399OCTOBER 27, 2009 09 -399 RESOLUTION (CARRIED 7 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE FINAL RESOLUTION VACATING PORTION OF ALLEY NORTH OF EAST LINWOOD AVENUE BETWEEN ASHLAND STREET AND HARRISON STREET INITIATED BY: JOSEPH CHILDERS, PETITIONER PLAN COMMISSION RECOMMENDATION: Approved WHEREAS, pursuant to Section 66.1003(4) of Wisconsin Statutes, the Common Council has heretofore initiated proceedings on September 8, 2009 at a regular meeting of the Common Council to vacate and discontinue a portion of an alley north of East Linwood Avenue, between Ashland Street and Harrison Street in the City of Oshkosh as described below; and WHEREAS, a public hearing on the passage of such resolution has been set by the Common Council, which hearing was set for 6:00 PM in the Council Chambers of the City Hall, Oshkosh, Wisconsin, on the 27th day of October, 2009 and written notice of such meeting was duly served on the owners of all of the frontage of the lots and lands abutting upon that portion thereof sought to be discontinued as provided by law; and WHEREAS, a public hearing was duly held pursuant to said notice at the time and place therefore affixed and all persons so served and interested were then and there given an opportunity to be heard; and WHEREAS, the lots and lands abutting that portion of said street or alley within said City affected by this resolution are in the 15th Ward, City of Oshkosh, the description of said street or alley heretofore set out in this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that it is hereby declared that since public interest requires it, that portion of the following described street and /or alley in the 15th Ward, City of Oshkosh, Winnebago County, Wisconsin, is hereby vacated and discontinued, reserving unto the City of Oshkosh and any utility affected by this Resolution, the right to maintain, service, repair, add, replace, or install in the future, sanitary sewer, storm sewer, water main and other utility facilities in said vacated streets or alley, subject to the restriction that no improvements are allowed within the reserved area, including but not limited to, building structures, driveways, parking areas, landscaping or fences. Any improvements shall be allowed only by special exception of the Board of Public Works. OCTOBER 27, 2009 09 -399 RESOLUTION CONT'D VACATE PORTION OF ALLEY NORTH OF EAST LINWOOD AVENUE 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. BE IT FURTHER RESOLVED that the City Clerk record a certified copy of this Resolution accompanied with a map showing the location of said vacated street or alley in the Office of the Register of Deeds for Winnebago County. OYHKOfH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning rvices DATE: October 22, 2009 RE: Approve Final Resolution Vacating Portion of 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'' /z 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 1 TV Wnnin AV F.NTT1R RFTWFRN ASHLAND & E 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: WT 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- neighb.orhoszd whi<cb- smell part of yanous -phases of the. Plat of Interurban Land � 4_ Compariyfs' Sulidivision. - Iii 1984, a section of this same alleyIocateddmmediateiynorth was:` - vacated. Subject Site WIMMEAM Public Right-of-Way, s 10 Year Land Use Recommendation North Single-Family Residential R-1 South Single-Family Residential R -1 East Single-Family Residential R-1 'Vest Single-Family Residential R -1 s 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 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 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 % 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. Thoms asked if there were any easements placed on the alley previously vacated to the north of this site. Item •Mnwoodalleyvacation 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 - ELimvoodalleyvacation 3 •' ... • •.... • •: vrv... •YYX •1•;••t;:.'yti$Y„rq�J,�:,4'.: � ..41'4... �iYGq'.• � :. Fv : 4 %:. • +$�' %.'�Y�`:i�rtix;::{ ,'.fi^",'�:Y'v:;�,'"�7.. t:Rrc. ";w. ° ...,,•�.,Y,;.,: �,. . ?<,;�'��n r ,�,..c.i•,,,,'4�p;.u.,,r. _ _ ::.., y40ck� . r�C: ry �.� i � �,�"'n. r +�'yu'Y'G �} .•. :, `v•.' ..4 .�y � '�nyvro•v • w��• p .:.,r,: • M .a•�`. Si.� .:��n�i �- .�'.•EK^ "}��.�,�r�w� -. Zvi ••.:i3J. C .. �... ..Sik- `4�.. �. .. ^.Gr } :... �H�'t: +l..wi' .. .. .. A _ AUG Q 5 009 ... LHK �7arnP Rr. A�3cirr_s.0 of ('ir�lTatrir: ©:� h ji C' •s.:�^ 1�::�:�..5`� �4� � / � '. • • , � � • � .. , naN �,�n 3 '7 -off K ..3 . . STREET VACATION BABBITZ ERNEST'F. SCHAE'ER THOMAS J /KIM K ALLEY N.OF.E.LINWOOD.AV_ `2106 ASHLAND ST, 2109 HARRISON ST.. PC:' 09-•01 =09. OSHKOSH WI .54991 19.02' OSHKOSH WI 549QI 1976 R8 2166 & VAC LOT ASHLAND. ST HERSST. JOHN.H/MARY G WOLF MARY ... H CHILDERS. JOSEPH 2113'- ST 320 E LINWOOD` AVE 2102 ,ASHLAND ST OSHKOSH. WI 54901 OSHKOSH WI 54901 1928 OSHKOSH W1 LIND:ROGER M HARRINGTON ROEERT /DOUG H MYERS.NORMAN 680 W sTS.AVE' 2025.ASHLAND.ST 1513 DIVISION ST OSHKOSH WI, 54902. 5833_ OSHKOSH WI 54901,2306: STEVENS POINT WI 54481 RE 2025 HAMUSON ST RE 2102 ASHLAND ST N N' N• i ! 133.33' ..O . 13328' i • $ -.. 132.BS i .. .. .. i33 '° 1 w 132aT. N VACATE .:ALLEY ... DISCLAIMER N OF E LINWOOD. AV k "'.... a This map is neither a recorded map nor survey and it is not intended to be used as one. N OfHKOlH drawingisacompi lationofrecords, BETWEEN:AS.HLAND..ST This ,.. and information located in various clay, county c ON THE wITEe . and state offices and other sources affecting 8( HAR RI S ON ST the area shown and It is to be used for reference . ,. 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