St. Joseph planning commission forwards two property vacations to council, cites utility easement and long-term storage

Planning Commission · November 21, 2024

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Summary

The Planning Commission unanimously recommended vacating a 20-foot alley and an abandoned railroad right-of-way to allow private development, subject to a 20-foot utility easement for Evergy; staff said one corridor had been used for outdoor storage for about 10 years.

The St. Joseph Planning Commission on Monday recommended that the mayor and city council approve two property vacations that would clear title for private development and building permits.

In the first item, commissioners voted to forward a request from Trevor Klein to vacate part of a 20-foot alley lying between Lots 127 and 8 in Block 16 of the Harris Addition. Nathaniel, a city planning staff member, told the commission that "the alley is currently in grass" and is not in use, but contains an Evergy electrical line. He said Evergy has reviewed the proposal and that the city is "recommending this for recommendation to the mayor and council with the one condition: dedication of a 20-foot utility easement as previously approved by Evergy." No members of the public spoke on the item. The recorded roll-call votes were Tim Doyle — yes; Christie Green — yes; Tom Richmond — yes; Pat Lilly — yes; Tim Lager — abstain. The motion carried and will move to city council for final action.

The commission then considered a request from Lowell Hartel on behalf of KCL Express Inc. to vacate part of an abandoned Burlington Northern Railroad Company right-of-way crossing Lots 12 and 3 in Block 2 of the South Saint Joseph Addition. Nathaniel said the corridor "was formerly railroad right-of-way" and "has been disused for some time," that it "never had any utilities in it," and that portions to the east "have already been vacated." He added the area "has actually been used as outdoor storage for at least, I want to say, 10 years," and that the applicant seeks the vacation so it can expand its facility and pull building permits. Commissioners asked clarifying questions about the dashed boundary shown on the staff screen; one member of the public briefly approached. A motion to approve was made, seconded, and passed by roll call; the commission recorded unanimous affirmative votes and the item also will move to the mayor and council.

Both staff reports emphasized that the alley vacation requires the formal dedication of a utility easement to Evergy to preserve existing service. Nathaniel told commissioners that the applicant supplied a plat and signatures from surrounding property owners and that the vacation would return title to the neighboring east and west lots, which the applicant intends to fence as yard.

Commissioners also used the meeting to confirm upcoming personnel matters and scheduling. Nathaniel said that Commissioner Tim Doyle’s term ends in December and that a code update imposes an 11-month gap before a former member may rejoin the planning commission; staff said they would confirm whether a December meeting would proceed or if chair election would occur in January.

The commission adjourned after welcoming Christie Green to the body. The two recommendations are now scheduled to be placed on a future city council agenda for final disposition.