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Council approves closing of dead‑end alley between 291 and 295 Franklin Street, requires private shared access agreement
Summary
Council voted to close an undeveloped, dead‑end alley serving 291–295 Franklin Street and to have the adjacent property owners establish a private shared‑access agreement; staff recommended the closure with a condition that records show the agreement and future access rights.
HARRISONBURG, Va. — The City Council voted June 10 to close an undeveloped alley that runs between 291 and 295 Franklin Street and to authorize the city to relinquish the public access easement subject to the creation of a private shared‑access agreement among the three affected property owners.
City staff explained the parcel’s complex legal history: the alley had been dedicated in the early 1900s, vacated by adjacent owners in 1907 but re‑established as a public access easement, and later became a dead end when the Ash Tree Lane extension to Ott Street was closed in the 1990s. Staff said the alley contains no city utilities, provides access only to three properties, and is effectively a private driveway. Planning Commission considered the request and recommended approval 5–1 at its hearing.
Applicant Sandra Quigg, a resident at 295 Franklin Street, told council she and her neighbors use the alley as access to their backyards and that the parties have drafted a mutual access easement and agreed to the arrangement. “We do not park in that space because we honor our neighbor who also needs access to their backyard,” Quigg said; she added that the agreement had been drawn and reviewed by an attorney and that both adjacent owners had approved the draft.
City Attorney Brown and staff advised that once the city relinquishes the public access easement, staff would work with the property owners to confirm a plat and record the private shared‑access easement in city records. Brown also noted Virginia case law preserves private access rights that property owners have historically relied on.
Council approved the alley closing by roll call. Council member discussion referenced connectivity concerns but concluded that because Ash Tree Lane already had been closed and the alley now leads only to backyards, the public‑access connectivity benefit was minimal. The roll call recorded aye votes and the motion passed.
Why it matters: The decision transfers the public access easement into private ownership and requires an enforceable private shared‑access agreement, clarifying property boundaries and maintenance responsibility for the three properties that use the alley.
Planning Commission’s non‑unanimous recommendation (5–1) was noted in council discussion; staff will work with city attorney and applicants to record a plat and the private easement paperwork.
