City Council Minutes 2004 09 07 - Laserfiche WebLink

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Louisville City Council Meeting September 7, 2004 Page 6 of 12 MOTION: Council member Keany moved for Council approval of Resolution No. 40, Series 2004 with the insertion of Draft Title #1 as the ballot title. Council member Levihn seconded the motion. Council member Brown offered a friendly amendment that the spelling errors in the ballot title be corrected. Council member Keany and Levihn accepted the amendment. VOTE: All in favor. ORDINANCE NO. 1453, SERIES 2004 - AN ORDINANCE APPROVING THE VACATION OF A 50-FOOT BY 60-FOOT PORTION OF SOUTH FRONT STREET RIGHT-OF-WAY LOCATED BETWEEN BLOCK 8 AND BLOCK 9 IN THE MURPHY PLACE SUBDIVISION IN THE CITY OF LOUISVILLE - 2ua reading - public hearing (advertised Daily Camera 8/7/04) Mayor Sisk requested a Staff presentation. Planning Director Paul Wood explained the applicants, Kenneth and Bemadine Sawyer of 224 Front Street, and Philip and Denise Ehrmann of 221 Front Street, are requesting authorization to vacate the full-width portion of the Front Street right-of-way between Lots 16 and 17, Block 8 (221 Front Street) and Lots 10 and 11, Block 9 (224 Front Street) Murphy Place Subdivision. The area proposed for vacation is the platted street right-of- way, which is 60 feet wide and is 50 feet long (3,000 sq. ft.). The parcel is a portion of Front Street and was platted as part of the Murphy Place Subdivision in 1907. The parcel represents 50 feet of Front Street as it dead-ends into a parcel acquired by the City and platted as the Community Park. The Community Park parcel is located adjacent to and immediately south of the Murphy Place Subdivision. Wood explained the Community Park Concept Plan was recently approved through the City's special review use process, and reflected that pedestrian access from the Park would extend to the north property boundary of the park. At that point the trail system aligns with Main and Front Streets to provide direct access from the Park into the adjoining neighborhood and the downtown commercial center. Wood stated the applicant's position is that the City of Louisville has already released its interest in the right-of-way through previous actions in 1957. The applicant contends the City allowed Kenneth and Bernadine Sawyer, who now reside at 224 Front Street, to construct a dwelling at 224 ½ Front Street, and install water and sewer taps for 224 ½ Front Street. Land appraisal records dated May of 1955 reflect the structure was a trailer house moved from University War Housing, which was removed in 1984. Wood reviewed Staff's position that the right-of-way has not been vacated based upon the following: 1 .) Neither the applicant nor the staff has found a record of a vacation ordinance.