Planning board forwards road‑vacation request affecting house in Townsite Addition #8 to City Council

Chairman Mark Moy said the commission would not make a final legal determination and recommended the request be reviewed by the city attorney and City Council after resident Dari Partain asked that a portion of a platted road be closed.

"The house has been sitting there for 56 years," Partain said, arguing that the road running through the lot complicates sale and occupancy. Partain said he and his parents have owned the property for decades and that neighbors (the Davises) do not object.

Commissioners focused on the possibility of land‑locking adjacent parcels if the road were vacated. Commissioner Richard Cotton told Partain he should first acquire the 20‑foot portion of Lot 14 that overlaps the house before the commission or council consider vacating the street: "to me it seems like it's the other way around. You need to buy property the 20 feet that it's overhanging on lot 14 first before we even think about vacating that street."

Chairman Moy said the board lacked authority to resolve potential legal claims and recommended referral to the city attorney and City Council so legal consequences could be determined: "I really think this needs to be looked at through the city attorney ... we don't know what the legal ramifications might be." Planning staff member Cindy Cooper said she could send the materials to the attorney before the next meeting.

The commission voted unanimously to forward the request to the City Council for legal review and possible action, with Commissioner Dana DeFrange seconding Moy's recommendation.

Next steps: the City Council and city attorney will examine title, survey and access issues, and the commission noted Partain will likely need a written deed or agreement from adjacent owners before a street vacation would solve the encroachment problem.