WINONA LAKE — The town council adopted two rights-of-way vacation requests, Tuesday, March 17.
The first vacation was adopted for an alley between 911-1007 Sunday Lane. The second was adopted for the south end of Park Avenue.
A right-of-way vacation is a type of easement in which a government transfers the right of way of a public street, highway or alley to a private property owner.
Steve Snyder represented the petitioners for both right-of-way vacation proposals.
Regarding the vacation for the alley, “this particular case is pretty simple,” said Snyder.
The property owners on 911-1007 Sunny Lane petitioned a right-of-way vacation for an “unopened, unimproved alley to the south of their property,” Snyder said.
Snyder provided an area map with a red line indicating that alley to be vacated. The alley does not serve as access to any property, according to Snyder. Approval of the vacation would allow property owners along the alley to construct on a part of the property without violating any sideline setbacks.
Snyder gave the council three criteria to consider for the alley right-of-way.
“Does it significantly impair anyone’s access to the property,” Snyder said of the first criteria. The second being, “does it interfere with any public place,” he said. The third criteria were “would it impair the development of the area,” Snyder said.
The alley meets the three criteria as the vacation would not interfere with access to private or public property. Snyder said the alley “is not being used by anyone right now for any purpose.”
The second petition involved a portion of land off Park Avenue where the road curves into Lake Shore Drive. The right-of-way plot extends to the water’s edge of Winona Lake, according to Snyder.
The vacation would split the right of way between the two properties on either side of the unimproved right-of-way.
A proposed 40-foot right of way on the corner of Park Avenue and Lake Shore Drive would still belong to the town for improvements such as sidewalk installation, according to Town Manager Craig Allebach.
Snyder reiterated the criteria stated for the alley right-of-way vacation. He maintained that the vacation on Park Avenue would not violate the criteria.
Other business included:
- The Earth Day 5K & 10K at Green Earth Multisport on April 19 has been canceled. There wasn’t any mention of rescheduling the event.