The Zionsville Town Council held a public hearing and approved first reading for an ordinance to vacate a 16.5-foot public alley between Lots 2 and 3 in the original plat of the Town of Zionsville (Hawthorne and South Second Street).
Mike Dale, the town’s director of planning and building, described the petition by Clarence and Cheryl Kennedy to vacate the alley to reduce the need for variances on a proposed house on Lot 3. Dale said the alley currently is gravel-surfaced, supports overhead utilities and an underground conduit for Charter Spectrum, and that the Department of Public Works recommended that the vacated area remain as a utility easement to allow continued maintenance.
Petitioner Clarence (Dale) Kennedy told the council he and his wife do not plan to build across the easement and said they needed the additional area to keep proposed lot coverage nearer to the 35% standard; he said an initial plan would reach about 37% because of a planned small pool. Kennedy said the lot had been combined from two parcels and that he intended the lot to be his primary residence.
Neighbor Lehi Carter (255 West Pine Street) said the alley is the only vehicular access to her detached garage and that she would not oppose the vacation provided a perpetual vehicular access easement is recorded so future owners retain access. Dale (staff) and other speakers confirmed the ordinance language states the area to be vacated shall remain a perpetual access and utility easement and that ownership and maintenance obligations transfer to adjoining property owners; staff also noted recording would appear in title searches. The town office said recording is typically done for about a $25 fee.
Councilors discussed local concerns including the potential for a larger house if variances were later pursued, existing garage setbacks, and whether accessory-structure setback rules should be reviewed in the future. No formal objections remained after the discussion; the petitioner and the neighbor indicated the ordinance language addressing a perpetual access and utility easement resolved the neighbor’s principal concerns.
Councilor Norris moved to introduce ordinance 2025-18 on first reading and set it; Councilor Stein seconded. The motion passed unanimously, 6-0. As a first reading, no final property transfer or recordation occurred at the meeting; recording and any title work will proceed if and after the ordinance advances and the applicants complete required steps.