Council approves partial vacation of alley between Porter and Jefferson after resident objections

The South Ogden City Council on Aug. 20 approved a modified vacation of the alley located between Porter and Jefferson (between 36th and 37th Streets), electing to vacate the portion requested by the petitioner while retaining a section adjacent to a property owner who said he uses a garage that opens onto the alley.

During public comment resident Mike Hanson (S3) asked the council to reconsider excluding the parcel behind his home from the petition and said he had maintained that alley for 20 years: "I've lived there for 20 years. I've only seen that door open 3 times," he told council. City staff (Lisa, S6) told the council staff had recently reached the adjacent property owner, who requested the city not vacate the portion that would leave him only about 10 feet to back out; Lisa said national engineering guidelines recommend 25 feet for safe backing. Lisa told the council that vacating any portion that would materially harm a property owner could expose the city to legal liability.

Council debated options including vacating only the north portion initiated by the petitioner or vacating the whole alley and allowing private parties to resolve access by civil agreement. After discussion the council voted to approve the previously tabled ordinance 24-07 in the modified form; the roll-call vote recorded several "yes" votes and at least two "no" votes from council members who wanted the whole alley considered together and inspected further. Council directed staff to consult legal on the retained section and recommended the petitioner and the adjacent owner consider a private right-of-way agreement if they seek further vacation.

The council's action leaves the retained portion in city ownership while transferring vacated sections to private property as prescribed by the ordinance. Staff advised that county recording and tax effects are typically minor when small parcels are added to private property.