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City attorney: parking strip east of 102 West Oneida likely public right-of-way, treated as grandfathered use
Summary
City attorney Lyle Fuller told the council the narrow strip east of 102 West Oneida is likely part of the public right-of-way and long-standing parking there is best treated as a legal nonconforming (grandfathered) use rather than private property; enforcement would be legally difficult.
City attorney Lyle Fuller told the council that preliminary surveying and historical street-width patterns suggest the narrow strip just east of 102 West Oneida is part of the public right-of-way, not private property, and that long-standing parking there can be regarded as a legal nonconforming ("grandfathered") use. Fuller said a property owner or occupant could argue longstanding allowance and that "no amount of parking there over no amount of years would turn it into private property" against the city.
Council members and staff discussed the practical consequences of enforcing parking restrictions: removing the street-side parking could push vehicles onto Oneida (which some council members said is less safe), and police said citations would be difficult to sustain because the historical pattern of use and municipal code on nonconforming uses limit enforcement. Staff suggested further survey work if the council wants to pursue definitive boundary resolution.
