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Canton council declines to grant three-foot vacation of South First Street after mixed public comment
Summary
After a public hearing and public comment split between property buyers and neighborhood caution, the Canton City Council did not approve a motion to vacate three feet of South First Street; the motion failed for lack of a second. The petition was submitted to correct a driveway/garage encroachment.
Acting Mayor Cindy Shanks opened a public hearing July 13 on a petition asking the council to vacate the easterly three feet of South First Street, a request filed by a majority of the abutting property owners and acknowledged by City Clerk Brock Bergey on June 28.
The hearing produced mixed reactions. Resident Marc Prestby cautioned against permanently removing public right-of-way, saying, "Once it’s gone, you’ll never get it back," and warning the council about setting a "dangerous precedent." Resident Mike Wilder, citing prior council experience, said the council had "vacated all kinds of stuff" and argued property owners should not be forced to remove structures they have built.
Roman Yoder, who currently lives on South First Street and said he hopes to buy the property, told the council the sale is contingent on the vacation because a land survey showed the existing garage extends into the street right-of-way. "We would have to tear the garage down," he said, and noted that bank financing depended on resolving the encroachment. Donivee Johnson suggested the council consider a temporary easement as an alternative.
At the regular meeting the council revisited the petition. City Attorney Corinne Haugen told the council that partial street vacations are not uncommon conditions in property sales. Councilmember Carl Ernst moved to grant the vacation to correct the encroachment; the motion received no second and therefore died. The minutes record that the motion lacked a second and no further action was taken. Vote tallies for the discussion and motions on this item were not recorded in the minutes.
The council did not vote to approve the petition; Roman and Teriana Yoder left the meeting after Ernst expressed support for their request. The council has not adopted any alternate timeline or directive to staff on the matter; no temporary easement was acted upon during the meeting.
