Commission recommends vacation of part of Stories Addition, citing statute and utility easements

The Leavenworth County Planning Commission voted 8–0 to recommend that the Board of County Commissioners vacate parts of Lots 19 through 46, Block 2, of Stories Addition, following a public hearing and staff presentation under Kansas Statute K.S.A. 58‑26‑13.

Planning staff explained that K.S.A. 58‑26‑13 allows property owners to request vacation of plats and that the commission must hold public hearings before sending a recommendation to the county commissioners. The applicant provided a legal description and sought a partial vacation of the small historic lots identified in the petition. Staff said the parcel appears never to have been developed, reviewed aerial imagery for historical context, and found no apparent negative impacts on surrounding owners.

Staff and the applicant identified three utility encumbrances crossing the area proposed for vacation. Two utility lines run along the northern property line and the applicant agreed to file an easement to preserve those utilities in their current location. A third existing water line required coordination with the water district; staff said the water district indicated an easement would be needed but the exact alignment of that line has not yet been determined.

Joe Herring of Herring Surveying, representing the applicant, told the commission the owners plan to vacate part of the plat so they can further divide the property and build one or two houses. Herring said the owner already holds adjacent parcels and noted the intent to adjust boundary lines to create two parcels.

A public comment period was opened and closed; the transcript records no extended opposing testimony. Commissioners discussed the rarity of such a petition — noting platting that dates to 1859 — and asked staff to incorporate statutory findings, including that public notice was sent and "the public will suffer no inconvenience or injury" if the vacation proceeds, into the formal motion. One commissioner moved to recommend approval to the Board of County Commissioners under K.S.A. 58‑26‑13 with the statutory findings; the motion was seconded and carried by roll call vote, eight to zero. The planning commission recorded that the Board of County Commissioners will consider the request no earlier than April 23, 2025.

Staff flagged that the applicant will need to file the easement descriptions that preserve the two northern utilities and work with the water district to formalize any required easement for the water line.