Alley Vacation Sparks Controversy Over Property Rights
October 03, 2024 | Carmel, Hamilton County, Indiana
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The alley in question is a narrow 10-foot-wide passage that has been impacted by the First on Main project, which received a negative recommendation from city officials due to an encroachment of approximately 2.5 feet into the alley. This encroachment was permitted to ensure fire safety access to the building. However, concerns were raised about maintaining access for trash collection and public use of the alley, particularly as it connects to a linear park area.
Cashman noted that a recent survey revealed that the concrete installed by First on Main extends about 2 to 3 inches onto Altman's property, complicating the situation further. He emphasized the importance of retaining public access to the alley and suggested that the city could support the vacation of the alley if an access easement could be established between First on Main and the adjacent property.
Altman, representing the Carmel Library Associates, expressed strong opposition to the encroachment, arguing that the alley is effectively unusable due to the design of the First on Main project. She contended that the encroachment has blocked access and that the property owner to the north should have adhered to existing regulations when designing their building. Altman also highlighted that the alley has never been officially dedicated as a right-of-way, raising questions about its status and her property rights.
The meeting underscored the complexities of urban planning and property rights, as officials and stakeholders navigate the balance between development needs and maintaining public access. Further discussions are expected as the city considers the implications of the alley vacation and the potential for an easement agreement.
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