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County attorney recommends broader petition; Cherry Street vacation petition withdrawn
Summary
A petition to vacate a small portion of Cherry Street in the town of Miami was withdrawn after County Attorney Mark Frantz recommended petitioners seek to vacate all of Cherry Street and the remaining part of Railroad Street to avoid creating paper‑landlocked parcels; petitioners will consider a variance and a separate alley vacation petition.
Planning staff revisited a request from property owners Jeff and Judy Hyde to vacate a small portion of Cherry Street in the town of Miami. County Attorney Mark Frantz advised against approving only a small portion because doing so would likely leave other sections of Cherry Street and Railroad Street landlocked on paper, creating access issues for adjacent parcels.
Frantz recommended petitioners pursue vacation of all of Cherry Street and the remaining part of Railroad Street, which would require a new petition signed by all contiguous landowners. The minutes record that the current petition to vacate the small portion was withdrawn; involved parties plan to explore seeking a variance for a longstanding fence/septic issue and separately petitioning to vacate an alley between their lots. No formal motion to approve a partial vacation passed.
