Marshall County planning commission approves vacation of alley in Tyner subdivision

The Marshall County Planning Commission voted to approve a request to vacate a portion of an alley running along the southwest edge of the Tyner Subdivision, after staff recommended the vacation and nearby property owners offered public comment.

The alley vacation affects the addition to Tyner Subdivision from Block 15 to Block 17, Lot 2, located west of Walnut Street in Tyner. Planning staff said the alley is overgrown and largely unused and recommended approval based on consolidated property ownership and minimal public interest in retaining the alleyway.

Nicholas (Nick), identified in the meeting as planning staff, described the request and displayed maps and photos showing the alley, saying the alley was “an overgrown, abandoned liability with little use and a [no] public benefit in its current state.” Staff and the Technical Review Committee recommended approval of the proposed vacation.

Several adjacent property owners spoke during the public hearing. Rita Schmidt Leonard, who said she represents the property at 4900 French Street bordering the alley, questioned why the alley was being vacated after many years and said she had been maintaining fence rows and using the alley for access. She said, “That road's been incorporated into our property,” and expressed concern about preserving access if the alley were closed.

Tim Kazanicki, a neighbor at 17729 Walnut Street, told the commission he shares a border with the applicant and asked for assurance that an existing fence line would not have to move if the alley were vacated: “If this gets closed, we don't have to move the fence.” Planning staff responded that the road is part of the subdivision and that other recorded access routes still exist to the parcel in question.

Frank Benninghoff, the applicant (listed as 17701 Walnut Street, Tyner), did not add further comment beyond his submission. After public comment, the commission closed the hearing, discussed access and the condition of the alley, and a member moved to approve the vacation, saying it was in the public interest and would not diminish surrounding property values. The motion carried on roll call.

The approval follows staff findings that property ownership in the affected lots has consolidated over time, reducing the alley’s original public purpose, and that vacating the alley would have minimal impact on adjacent properties’ values. The commission recorded no conditions beyond standard procedures for alley vacations.

Planning staff said record surveys and access verification would be used if questions about property lines or access arise following the vacation approval.

The alley vacation will proceed to any required county administrative processing for formal recording and mapping updates.