Planning commission backs closing 2,500 sq ft alley at 291–295 Franklin Street with shared-access condition

The Harrisonburg Planning Commission voted 5–1 on May 14 to recommend that City Council close a roughly 2,500-square-foot undeveloped public alley between 291 and 295 Franklin Street, with a condition that the adjoining owners establish a private shared access agreement.

City staff told commissioners the alley sits within an older subdivision and the underlying land is held in the names of the adjoining property owners while the city holds an easement. Staff recommended approval of the closing on the condition that a “private shared access agreement shall be established among the owners of 291 Franklin Street, 295 Franklin Street and 294 Campbell Street to maintain rear access to all three properties.” The commission’s recommendation will go to City Council on June 10.

Why it matters: closing a public alley removes the city’s right to pass over the parcel and can change how adjoining owners use and maintain the land. Staff and several commissioners framed the recommendation as a limited fix for what they described as an unusual alley that effectively “dead-ends” and already functions as private driveways for a small number of properties.

Staff presentation and applicant comments A staff presenter summarized the alley’s recorded history: the subdivision plat dated about 1901 included an alley; a later 1907 record realigned the alley and created a dedicated route that has been used and maintained by property owners rather than the city. Staff said the alley currently provides driveway access to the rear of 295 Franklin and to properties on Campbell Street and 291 Franklin, but the underlying ownership and easement situation makes closing administratively feasible.

The applicant, John McGehee of 295 Franklin Street, spoke in favor of the closure, saying the alley "ends at somebody else's property where they would have to trespass to be able to get anywhere," and asking that the commission remove public through-access to limit casual cut-through pedestrian or vehicle traffic.

Discussion and legal/administrative context Commissioners debated principle versus practicality. Several members said they generally prefer to preserve public alleys for connectivity, but noted this alley’s limited public benefit because it no longer connects to the broader alley network after an earlier closure in 1990. The commission and staff clarified that closing a city interest in an alley does not itself convey fee title to an applicant; further title work or deeds may be required to resolve ownership.

What the commission decided Commissioner Porter renewed a motion to recommend approval with the staff-suggested condition; Council Member Dent seconded. Roll call votes recorded in the meeting transcript show Porter, Washington, Dent, Alcindy and Chair Baugh voting yes; Vice Chair Finnegan voted no. The motion passed and will be transmitted to City Council with a favorable recommendation for its June 10 meeting.

Ending If City Council approves the vacation, the applicants will still need to resolve title and record any required private access agreement before changes to access or property boundaries occur. Staff told the commission it expects the applicant to produce the private shared-access agreement referenced in the staff recommendation before final city action or prior to recording depending on Council’s direction.