Planning commission recommends sale of 0.82 acres of South America Street after months-long dispute

The City of Covington Planning Commission voted to recommend that the City Council approve the sale of a roughly 0.82-acre portion of South America Street to petitioner Fabbroville LLC, the commission decided after hours of public testimony and staff presentations.

The recommendation comes amid a long-running dispute among neighbors over whether the unopened right of way should remain public. Supporters said the sale would resolve safety and trespass problems and return the land to private ownership; opponents argued the city should preserve public access and maintain utilities and drainage.

City staff told commissioners the portion under consideration is largely unopened and that the administration has found no record of routine maintenance or drainage work beyond Sixteenth Avenue. Jim O'Berry, identified in the meeting as the city's public works director, said bringing the lane up to a usable through street would require a near-complete rebuild and acquisition of multiple lateral servitudes to connect drainage to the river. Callie Baker, identified as the city engineer, confirmed there is a water meter and a fire hydrant near the dead end and said any sale would require the buyer to grant a utility servitude to preserve city access to existing lines.

Attorney Paul Marone, speaking for the petitioner, said the request seeks sale of an unopened right of way that has been greenfield for decades and that the city's code contemplates reserving servitudes where utilities exist. He told the commission the sale would resolve ongoing safety issues the petitioner reported and would not impede the city's ability to use or maintain utilities reserved by servitude.

Opponents, including residents who live adjacent to the parcel, described repeated trespass, property damage and threats that they say accelerated their request for a permanent solution. Janet Favro and Baldwin Reed said vehicles have been turning frequently in private driveways and that frequent traffic near their homes has created safety and quality-of-life concerns; Favro said city records show flooding in 2016 and warned disposal could worsen drainage unless servitudes and drainage protections are required.

Commission debate focused on whether the request would create private streets in contravention of a code provision requiring subdivided lots to be served by publicly dedicated streets, and on the practical effect of reserving servitudes. Commissioners noted the city has statutory and local options: true revocation of a street (which, if used, vests title in adjoining owners without payment) versus a sale authorized by special enabling legislation that allows an appraisal and sale without signatures from all adjoining owners.

The commission first considered a motion to deny the sale; that motion failed on a roll call. A subsequent motion to recommend approval to the City Council passed on a roll call vote. Votes recorded during the final motion were: Boone — yes; Davidson — yes; Sords — yes; Celestine — yes; Villery — no; Bullock — yes; Hudson — yes. The commission's approval sends the proposed sale to the City Council for final authorization.

The record shows the petition seeks conveyance only of the unopened right of way; officials and many speakers said any final sale would include language reserving servitudes for existing and future utilities and could require easements or other conditions to address drainage, fire protection and public-service access. The commission emphasized it is making a recommendation; final disposition requires council action.

Next steps: the item will be placed on a City Council agenda for consideration of an ordinance to authorize the sale and any required servitudes or conditions. The commission did not set specific terms of price or final servitude width; those will appear in council documents and the city’s appraisal and disposition paperwork.