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Council closes undeveloped alley between 291 and 295 Franklin Street; applicants to record private access agreement
Summary
Council approved a petition to close an undeveloped, dead‑end alley that served three properties on Franklin and Campbell streets, subject to a private shared access agreement among the impacted property owners.
Harrisonburg City Council on June 10 voted to close an undeveloped public alley that runs between properties at 291 and 295 Franklin Street and also provides access to 294 Campbell Street. The closure was approved after a public hearing in which the adjacent property owners said they have negotiated a private shared‑access easement among themselves.
Staff explained the alley is a dead end that formerly connected to Ash Tree Lane before that extension was closed in approximately 1990; the alley currently provides practical access only to three properties and contains no city utilities. Staff recommended closure with the condition that the applicant work with the city attorney to record a private shared‑access agreement so the three property owners retain reciprocal access after the public easement is vacated.
Sandra Quigg, an owner of one of the adjacent properties, told council she and the neighbors had prepared a draft mutual access easement and had discussed the closure with the other owners; she said the alley is used primarily as a backyard access and is not a through route. A neighboring resident who testified supported the closure, saying the alley appears and functions as a private driveway and that closing it would clarify property lines.
City attorney and staff noted precedent that, even if an easement is vacated, property owners who relied on access sometimes retain rights under Virginia case law; staff said the council wanted a recorded private agreement to avoid future uncertainty. Planning commission recommended approval 5–1; council discussion referenced balancing public connectivity with on‑the‑ground practicality because the alley is a dead end.
Council approved the closure on a roll‑call vote. The city will work with the applicant and city attorney to confirm the exact alley boundaries by plat and to record the private shared‑access easement between the three owners before or promptly after relinquishing the public access easement.
