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04/13/1992 Meeting (2)
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04/13/1992 Meeting (2)
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City Council Minutes
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4/13/1992
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<br />e <br /> <br />e <br /> <br />e <br /> <br />Barry Davis, 1775 East 43rd Avenue, noted that he has received different <br />responses from the Planning and Public Works Engineering divisions about who <br />initiated this request. He said he purchased his property with the benefit <br />of a platted road and felt that the City could construct a road with proper <br />engineering. He said the right-of-way also has value in that it can provide <br />utilities to his property. He said he found errors in a memorandum from Joe <br />Ferguson and expressed concern about his memo being the basis for initiating <br />this request. He said he would support vacation of the Pleasant Highway <br />right-of-way if adequate access is provided to his property at the time of <br />PUD or subdivision review. <br /> <br />Fred Lajewski, 448 Shadow Wood Drive, said that access and utilities were <br />currently provided to Mr. Davis's property. <br /> <br />There being no other requests to speak, the public hearing was closed. <br /> <br />Responding to a question from Ms. Ehrman, Mr. Klein said that as far as he is <br />aware of, no court has indicated that a property owner has a special right <br />simply because there is a platted right-of-way through his/her property. <br /> <br />Responding to questions from Mr. Boles, Mr. Ferguson said that after discus- <br />sions with Mr. Slocum, he sent a memo to the Planning Division requesting <br />this street vacation, and that he understood that the abutting property own- <br />ers west of the Pleasant Highway right-of-way would participate in the re- <br />quest. Mr. Slocum clarified that he understood that the portion of the <br />Pleasant Highway right-of-way that passes through Mr. Bailey's property had <br />already been vacated. He said after inquiring with the Lane County Survey- <br />or's Office to verify this, he contacted Planning Division staff, who then <br />indicated that the City would initiate this request. <br /> <br />Mr. Davis reiterated concerns about a lack of cooperation among the abutting <br />property owners in this request. <br /> <br />Mr. Gleason said the issue before the council was whether a public access <br />need existed and whether a public right-of-way was going to be established <br />and improved. He said if the council found that a public access need did not <br />exist, it should then choose to vacate the right-of-way. <br /> <br />Mr. Nicholson commented that confusion over who initiated this request was <br />disingenuous. He asked about Mr. Davis' claim regarding the errors in Mr. <br />Ferguson's memo. In response, Mr. Ferguson clarified that the right-of-way <br />dedicated in 1913 is 40 feet wide and the one dedicated in 1942 is 30 feet <br />wide and that they overlap each other. <br /> <br />Responding to a question from Ms. Bascom, Mr. Jacobson said that if <br />50-percent of affected property owners object to a City-initiated vacation <br />request, the request will not proceed; it takes two-thirds of affected prop- <br />erty owners to object for a privately initiated request not to proceed. <br />There is no application fee for City-initiated vacation requests. <br /> <br />MINUTES--Eugene City Council <br />7:30 <br /> <br />April 13, 1992 <br /> <br />Page 15 <br />
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