The Marshall County Planning Commission voted Aug. 29 to approve a request to vacate a 30-foot alley running along the southwest edge of the Addition to Tyner Subdivision (Blocks 15–17, Lot 2) in Tyner.

Planning staff told the commission the alley is an overgrown, largely unused right-of-way that provides little current public benefit and adjoins only two subdivision properties. Staff and the technical review committee recommended approval, saying property ownership consolidation and the alley’s condition mean the vacation would not diminish access or land value, and recommended conditions to protect adjacent access.

Frank Benninghoff, the applicant, gave his name and address on the record and did not add further comment during the hearing. Neighbors spoke during the public hearing with differing concerns. Rita Schmidt Leonard, who said she represents the property at 4900 Front Street adjacent to the alley, told the commission the alley has been incorporated into her and adjacent properties for decades and that she and family members had historically used and maintained the fence lines. “That road’s been incorporated into our property … it’s an abandoned road,” she said, adding that clearing and improving the strip would require grading and a formal roadbed to make it usable.

Neighbor Tim Kazanekki said he shares a border with Benninghoff and asked that any vacating of the alley not require him to move an existing fence. Planning staff replied the road remains part of the subdivision plats and that other platted rights-of-way would preserve access to nearby lots; staff said survey work would be used to confirm exact parcel boundaries and acreage.

A motion to open and then close the public hearing was approved. A subsequent motion to approve the alley vacation passed on a roll-call vote with a single dissent from Commissioner Perez; the rest of the roll call recorded approval. The commission’s action approves the vacation at the planning level and implements the finding that the alley is unused and that adjacent parcels will retain access under the current plat; the formal vacation will be processed per county procedures and any required surveys.

The commission did not report any required follow-up tasks or a timeline for recording the vacancy. Planning staff told the public a survey would be used to confirm property lines and acreage for the affected lots.

The commission’s approval closes the planning-level review; the County Recorder’s office or other county offices will process any formal record changes according to county practice.