Jacksonville council blocks vacation of right-of-way adjacent to 470 North 6th Street

The Jacksonville City Council on May 5 rejected a petition to vacate unimproved portions of North 6th Street and East F Street adjacent to property at 470 North 6th Street, finding the vacation would prejudice the public interest.

The council opened a public hearing at 6:25 p.m. on an application from the Mona Hartman and Wesley Hartman Family Trust to vacate portions of unimproved right-of-way. Planning Director Ian Foster presented the staff report, summarizing existing conditions, the applicant’s justification, public testimony and options available to the council.

Michael Thornton, representing the applicant, argued the proposal responds to long-standing encroachments dating to the early 1900s and asserted the application satisfied statutory requirements. The applicant’s representative said vacating the land would facilitate restoration and long-term maintenance of a historic barn on the parcel and would allow the owner to sell the rear portion of the property.

Several residents opposed the vacation during public comment. Tom Phelps and Mike Hagan spoke against the proposal; Cynthia LaMar said she had signed a petition without fully understanding the request and said she was uncertain if she still supported it; Roger Thom, a long-serving Planning Commission member, explained the implications of losing the extra 10 feet of right-of-way. The applicant’s representative provided a rebuttal and reiterated that the vacation would not foreclose future improvements such as sidewalks or parking.

Council discussion focused on the statutory standard and the public interest. Councilor Reed cited the relevant provisions of Oregon law and raised concern about how a future sale of the rear parcel might be affected. Councilor Casaleggio cited Oregon Revised Statutes Chapter 271 to argue that the current facts did not demonstrate prejudice to the public interest. Councilor Hellenthal emphasized preserving right-of-way access to reduce future utility costs. Council President Andrea Thompson said the city lacks a specific local code on right-of-way vacations and noted uncertainty about future needs for the streets.

A motion from Councilor Casaleggio to find that notice, owner consent and lack of public prejudice supported the vacation received no second and therefore died. Councilor Reed then moved, with a second from Councilor Hellenthal, that the council find the public interest would be prejudiced by the proposed vacation. The roll call recorded four ayes (Councilors Hellenthal, Reed, Jorgenson and Council President Thompson) and two nays (Councilors Casaleggio and Gregg); the motion passed and the vacation was not approved.

Councilor Gregg described a site visit to the property during final remarks. The council did not adopt any amendment or condition to permit a partial vacation; the applicant’s petition therefore remains denied based on the council’s finding.

The council returned to other agenda items after the vote; there was no immediate directive for staff to pursue a revision of local code governing right-of-way vacations.