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Commission votes negative recommendation on road vacation for strip along 325 South amid liability concerns
Summary
The planning commission recommended against vacating a 21-foot strip of 400 East (in front of 325 South), citing concerns about incomplete curb/sidewalk segments, liability for the city, and lack of neighbor participation in the vacation request.
The Cedar City Planning Commission voted a negative recommendation on a request to vacate approximately 21 feet of right-of-way along 325 South adjacent to 400 East, citing uneven existing improvements and potential city liability if partial rights-of-way were handed back to private owners.
Applicant and property owner Tom Jett asked the city to vacate the portion of road adjacent to his lot and reduce the street width from 66 feet to the city standard of 45 feet; he said prior city staff had indicated 45 feet would be adequate and that neighbors had been offered participation but declined. City staff noted existing curb, gutter and sidewalk segments on parts of the street and warned that vacating the corridor as proposed could leave discontiguous public improvements and create maintenance and liability issues.
Staff recommended that if vacating proceeds the city consider splitting vacated area or transferring segments so that the city would not retain partial curb and sidewalk liability. Commissioners said they supported narrowing the road in principle but not vacating without completed improvements in place; one commissioner said the city should not keep incomplete curb-and-sidewalk segments that it would then own as liabilities. A motion for a negative recommendation carried by voice vote; the matter will be forwarded to City Council for final action.
