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HomeMy WebLinkAbout08026Reception 1812981 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 '�V4bt(y Vii, ATTESTED BY: BY: Randy Thurston COUNCIL PERSON APPROVED: �� PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: June 22, 2009 ED � �J � 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.