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Council holds public hearing and moves ordinance on Erie Street alley vacation to next meeting
Summary
A petition to vacate a platted alley between Erie and Chestnut Streets (adjacent to 254–256 Erie St.) was the subject of a public hearing; planning commission and Board of Public Works recommended vacating, and the council carried the ordinance (Ordinance 16-20-25) to the next meeting for further action.
The council held a public hearing on Ordinance 16-20-25, a petition to vacate a platted alley between Erie Street and Chestnut Street immediately adjacent to 254 and 256 Erie Street. Staff presented historical plats and recent surveys, and both the planning commission and the Board of Public Works recommended vacation before the council.
City staff said the petitioners (Lee Lane and Jerry and Patricia Deutsch) filed under state code 36-7-3-12; the Unified Development Ordinance (UDO) requires the planning commission and Board of Public Works to hear the matter and forward recommendations to the council. Staff reported a records search back to early 1900 found no formal record of the alley being vacated. Utility locates returned no evidence of buried utilities running through the platted alley; NIPSCO also reported no services running through the alley. Staff noted a gas and water service serve 256 Erie Street and are routed in a way that serves only that property.
Public comment included neighbors who said the alley has not been used as an alley in living memory and that an earlier house encroached about 1.5 feet into the platted alley; one resident said he believed the alley originally provided access to rear structures such as a horse stable. Staff said the platted alley width is 16.5 feet; if vacated each adjacent landowner would receive half of the vacated strip. Staff said that historically the city has sometimes granted encroachment agreements rather than vacating rights of way, and a unit of government cannot acquire property by adverse possession.
After the public hearing and staff discussion, the council voted by roll/voice to carry Ordinance 16-20-25 over to the next meeting for further consideration; the vote to carry over was recorded as unanimous. Council members and staff said the main practical considerations were the absence of utilities in the alley and the long-standing encroachments; however, staff and council noted the city retains public right and that vacating would clean up the public record if no access or utilities are required going forward.
Votes at a glance: Ordinance 16-20-25 — Carried over to next meeting (voice/roll call) 7–0.
