County approves vacation of part of platted Edith Drive after public hearing; neighbors raised access concerns

The Sedgwick County Commission voted April 16 to approve a petition (VAC‑2024‑00060) to vacate a portion of platted Edith Drive south of East 40th Street South, a move applicants said is necessary to allow privately constructed driveway access for new homes. The Planning Department and Metropolitan Area Planning Commission (MAPC) recommended approval subject to conditions.

Scott Whittle of the county Planning Department described the site as an unimproved, 50‑foot‑wide right of way that was platted in 1957 and is largely unmaintained; public utilities (overhead power) cross the area and would be protected by easements if the vacation is approved. Public Works and Fire staff said a private service drive may be used provided it serves no more than three properties and meets the county’s service drive standard (20 feet minimum), and addressing would be provided from Mission Road. Whittle said no written objections were filed and MAPC recommended approval by a 10‑0 vote after the Subdivision and Utility Advisory Committee’s 4‑0 recommendation.

Kirk Miller, the applicant’s agent, said building to county road standards would be far more expensive and that the applicants intend to share maintenance costs rather than impose future special assessments on the township. Applicants David Counts and Brian Ellerman told commissioners they plan to construct homes on the lots and seek a private driveway standard for cost reasons. Counts said the project has been in process for months and he wants to proceed to construction.

Neighbors on the north segment of Edith Drive spoke to commissioners and told staff they have used the center right‑of‑way informally for decades to walk around a pond and help maintain the open space. Commissioner Howell pressed whether a full 50‑foot vacation would leave a narrow pinch point near the pond that could prevent a full walking loop and asked commissioners to consider a partial vacation or an easement preserving pedestrian access. County staff and the applicants said practical constraints and design standards make a partial vacation less useful to applicants and would delay the process; the applicants and their agent said changing the legal description would require additional notarized signatures from multiple owners, which could take time.

Assistant County Counselor Samantha C. Yang and County Counselor Justin Wagner advised the board that state law requires the commission to consider two primary legal findings: whether the vacation would cause public loss or inconvenience, and whether private rights would be injured. Staff recommended approval, noting public works and fire‑safety conditions had been met and that no written objections were on file. The board adopted the MAPC findings and approved the vacation with the MAPC conditions attached to the order.

The vote carried on a simple majority; commissioners also asked that the conditions listed by MAPC (including dedicated easements for utilities and access controls to limit the private drive to three properties) be included in the final order. Applicants were instructed to deliver required legal descriptions and signed exhibits to complete the recording process.