Laserfiche WebLink
?r s <br />?' <br />are the other abutting property owner. The portion north of this area is also a paper street, but is <br />not part of this request. The vacated section is about 400 feet south of Gessner Road and that <br />part of Gessner is also a paper street. The remaining city portion could serve as potential access <br />to the city owned parcel. He clarified that the paper street is dedicated city right of way. Mr. <br />Clough stated that he had been u.nable to get a loan to improve the property since the house <br />encroaches on the right-of-way. Mr. Deichmann doubted that Root Road would ever be extended <br />to Gessner, since the residents of the adjacent streets would object to inaking it a through street, <br />and vacating this portion would reassure those people that they would not have to worry about it <br />going through. Mr. Tallon questioned if there would be enough city owned property to re-route <br />the road if that were ever necessary. Mr. Deichmann stated that there would be 30 feet which <br />would be ample for a driveway to the city land, and probably that was all that would ever be <br />needed. W. Tallon agreed that most residents do not want their subdivisions opened up by <br />through streets. He also believed that, if it ever were needed, the road could be rerouted onto the <br />city owned property. Building Commissioner Conway advised that the city only recently became <br />aware of the situation when the former owner tried to sell the property, since the house had been <br />in one family for many years. Mr. Deichmann clarified that the city does not sell vacated right of <br />way, but the property owner does have to pay for the survey, etc. Mr. Gdrris' only concern is <br />that if the property is given to Mr. Clough now, he does not want city to have to buy it back at <br />later. Mr. Conway clarified that the shecl shown on the property has been removed. Mr. Miller <br />questioned why he was being given so much of the properiy, why not give him what he needs to <br />clear up the encroachment. Mr. Gorris believed that this would create an odd shaped lot and <br />splitting the vacated portion between the abutting property owners has been the standard <br />procedure. He noted the vacant city land had been a dump which could not be used for much. Mr. <br />Gorris would like some sort of restriction on the plat to assure that a road could be bu.ilt without <br />the city having to buy back some of this property. Mr. Deichmaun noted that there was a clause <br />on the plat that states that the city of North Olmsted retains full and permanent easement rights to <br />all utilities (current and future) located within the vacated area and suggested that this could be <br />modified to include roadway rights. He further stated that with the 30 feet it would be possible to <br />have a radius and if the roadway easement were included it would cover that. Assistant Law <br />Director Dubelko advised that the Commission should express these concerns to Cou.ncil who <br />would have the final approval, and it could be routed through the Law Department so he can <br />discuss it with the Law Director. He is not sure that such a conclition could be put on a vacation <br />plat. B. Gorris moved to approve the vacation request of the Root Road portion abutting <br />perinanent parcel no. 232-30-10 as presented tonight. We would also like to advise Council that <br />we have concerns that in the future there might be a need to expand Root Road, and that they <br />explore with the Law Department the possibility of anytlung that could be attached to the <br />approval that we are making tonight so as to protect, not only the property owner, but to permit <br />the city to get back sufficient land to allow this extension of Root Road without having to <br />negotiate with the property owner. We believe this is feasible, especially since the city owns such <br />a significantly large portion of land adjacent to this parcel, seconded by L. Orlowski, and <br />unanimously approved. <br />V. COMMUNICATIONS: <br />Memo from Councihnau Musial <br />Chairman Gorris stated that Councilman Musial had also called him and was trying to put <br />together a meeting between Cou.ncil and Planning Commission to discuss the Master Plan. <br />5