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Plan Commission approves partial vacation of Canal Street right-of-way, retaining trail access
Summary
The commission voted unanimously to vacate the southern half of a historic Canal Street right-of-way to transfer the portion with a private driveway to the adjacent property owner, while retaining the northern half to preserve the Newberry Trail.
The Appleton Plan Commission on Jan. 14 approved a partial vacation of Canal Street, authorizing the city to transfer the southern half of an unimproved, historic right-of-way to the adjacent property owner while retaining the northern half for the Newberry Trail.
Deputy Director Krauss told the commission the segment in question is a historic right-of-way south of the river and that staff discovered a private driveway within the public right-of-way that had been permitted in the late 1980s. "Long story short, it was determined that really no future public purposes for this segment of right-of-way" existed and staff recommended vacating the southern half and transferring it to the property owner to the south so the driveway would lie on private property.
Commissioners pressed staff about whether the entire right-of-way should be transferred but Krauss said the northern half includes the Newberry Trail and should remain public to preserve the trail facility. Commissioners also asked whether the city proactively gives away historic right-of-way; staff said such vacations are handled case by case, sometimes initiated after inquiries from property owners or when public purpose is no longer served.
After discussion the commission moved, seconded and voted unanimously to approve the partial street vacation and adopt the initial resolution and exhibit map.
