Homeowner asks DeKalb commissioners to vacate 14-foot alley; commissioners authorize counsel to draft ordinance

Amber Farrell, a recent purchaser at 202 and 206 Summer Street in Butler, told the commissioners she had expected two usable wells but learned at survey that one well sits on a county 14-foot alley/right-of-way and is not legally accessible.

Planning staff explained that the right-of-way was dedicated on an old plat for future streets and remains county-owned, and that the planning commission lacks authority to vacate county-owned right-of-way. Planning staff recommended the commissioners authorize the county attorney to draft a vacation ordinance; staff said the county would need to notify and obtain consent from surrounding owners where practicable. A planning staff member explained a typical alley vacation often results in splitting the former right-of-way between adjacent parcels, and noted a written consent from the neighboring property owner (Hampel/Hampel Farms) would simplify transferring full ownership of the strip to Ms. Farrell.

The board authorized Attorney Andrew Cruz to prepare the vacation ordinance and proceed with contacting adjacent owners for consent. Cruz said he would draft an ordinance for the commissioners to consider at a future hearing if the commissioners directed him to do so; commissioners voted to authorize counsel to proceed. The board requested staff obtain contacts for neighboring owners and to provide the petitioner with next steps. No final vacation was executed at the meeting; the action authorized preparation of a draft ordinance and follow-up outreach.

Provenance: The homeowner's request appears in public comment and staff briefing; the commissioners' authorization to prepare ordinance language is documented in the motion that carried at the meeting.