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07/23/2009
ORDINANCE NO. 8026
AN ORDINANCE VACATING THE ALLEY ADJACENT TO
LOTS 2, 3 AND 7, BLOCK 9, DELAVAN PLACE
SUBDIVISION AND LOTS 1 -13, RAILEY'S SUBDIVISION OF
LOTS 4,5 AND 6, BLOCK I SOUTH PUEBLO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described alley:
Alley adjacent to Lots 2, 3 and 7, Block 9, Delavan Place Subdivision and
Lots 1 -13, Railey's Subdivision of Lots 4,5 and 6, Block I South Pueblo
is hereby vacated.
SECTION 2.
ORDINANCE NO. 8026
This Ordinance shall become effective immediately upon final passage and
INTRODUCED:
June 8, 2009
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ATTESTED BY:
BY: Randy Thurston
COUNCIL PERSON
APPROVED: ��
PRESIDENT OF CITY COUNCIL
PASSED AND APPROVED: June 22, 2009
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # FX
DATE: JUNE 8, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE VACATING THE ALLEY ADJACENT TO LOTS 2, 3 AND 7, BLOCK
9, DELAVAN PLACE SUBDIVISION AND LOTS 1 -13, RAILEY'S SUBDIVISION OF
LOTS 4,5 AND 6, BLOCK I SOUTH PUEBLO
ISSUE
Shall City Council approve the request to vacate the entire 10 -foot alley that runs east
and west, parallel with West Corona Street, and north and south, parallel with Howard
Avenue?
The Planning and Zoning Commission, at their May 13, 2009, Regular Meeting, voted
4 -0 to recommend approval.
BACKGROUND
The subject alley was platted in two phases; the first section was created in 1881 with
the Railey's Subdivision of Lots 4, 5, and 6, Block I, South Pueblo. This established
the eastern portion of the alley running across the top of the bluff. The second portion
of the alley was platted by the Delavan Place Subdivision in 1890, which continued the
alley north and west intersecting with Howard Avenue. As platted, the alley does not
provide continuous access from Howard Avenue to Short Street, rather it dead ends at
Lot 5, of Railey's Subdivision of Lot 3, Block I, South Pueblo. As stated above
standard vehicles cannot utilize the alley as it has never been improved and the terrain
is rugged.
In August of 2008, the property owner of 205 Howard Avenue approached the City
about vacating the alleys to facilitate redevelopment of her property. Ms. Smith owns
Lots 2 -7, Block 9, Delavan Place Subdivision, a residence is located on Lot 2 and the
alley bisects the remainder of the ownership. Ms. Smith would like to construct a
garage north of her home, which would place the structure in the alley. Vacating both
alleys would allow her to construct a garage and fence the remainder of her
ownership, improving the aesthetics of the neighborhood and discouraging misuse of
the property.
In addition to Ms. Smith's vacation request, the property owner at 409 Corona Avenue
approached the City several years ago about vacating the alley to facilitate
redevelopment of that property. Currently, there are two accessory structures located
in the alley and several private fences extend across the alley. Because of the
existing conditions and public interest, the City decided to investigate the possibility of
vacation.
City Staff hosted a public meeting to solicit comments from adjacent property owners
on March 23 2009. Of the four individuals in attendance, no one opposed the
proposed vacation. Following a property ownership search and analysis of the
property, staff has determined that the alley is not necessary to provide access to the
public or utilities and recommends approval of the requested vacation.
FINANCIAL IMPACT
None.