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Committee puts ordinance to vacate small section of North Court Avenue on October agenda after business concerns
Summary
The committee advanced an ordinance to vacate the final 26 feet of a public right-of-way that intrudes into 15 East Philadelphia Street to the Oct. 7 legislative agenda after staff and nearby business owners discussed access and notice requirements.
The York City Council committee voted to place an ordinance that would vacate a 26-foot portion of North Court Avenue—where the public right-of-way currently encroaches on property at 15 East Philadelphia Street—on the Oct. 7 legislative agenda.
City Solicitor Flowers told the committee the request came from the property owner, Grotto Community Benefit, and that the public street “actually bumps into their property a little bit” where the owner asks the city to vacate the portion that intrudes on the parcel. Flowers said the property owner is preparing a legal description and an improved exhibit that shows the requested boundary change.
The item has generated questions from council members and nearby businesses about whether trash, turnaround or access for existing businesses would be affected. A council member said she reviewed a diagram and Google Maps and walked the site; she reported businesses near the alley were not aware of the vacation request and asked that notice be clear. Solicitor Flowers said the public portion of the alley is 11 feet wide and “terminates 26 feet sooner,” and that vacating the portion would not change the alley width that people use to turn around.
Two business owners spoke during public comment. Mickey Napier of Gift Horse Brewing Company asked to be notified of any new drawings or legal exhibits because his business only learned of the request that day, and said the property owner had been cooperative. Patrick Winter, owner of Royal Custom Barber Institute, said he has operated in the area for 20 years and expressed concern that removing access or parking could affect evening business operations; he asked the council to “take this in consideration where it should live just the way it is.”
Solicitor Flowers clarified to council president Washington and the business owners that the city is not proposing to vacate the entire alley: “The whole alley will stay public except for the last 26 feet that actually dips into the 15 East Philadelphia property,” she said, adding that that short segment “only gives you access to 15 East Philadelphia Street.”
A council member asked whether a vacation could be reversed; Solicitor Flowers replied that the city would have to reacquire the right-of-way through the same process as a new street (eminent domain) if it later sought to reclaim it.
After discussion and public comment the committee moved, seconded and voted to place the ordinance on the City Council’s Oct. 7 legislative agenda.
The ordinance is at the introduction stage; council will receive a formal legal exhibit and legal description before any final vote. The committee directed staff to finalize the survey-based exhibit and continue outreach to adjacent businesses so they can monitor the required public notices about the forthcoming ordinance hearing.
