Subject:
Title
Request to appoint viewers for alley vacation for property adjacent to 211-213 Mill Street NE and 156 Church Street NE
Body
EXPLANATION AND SUMMARY:
Between Mill Street NE and Park Street NE, an alley runs behind the residential property located at 156 Church Street NE and the commercial properties located at 146 Church Street NE and 211-213 Mill Street NE. The Town has received requests and applications from Mill Street Development One, LLC, owner of 211-213 Mill Street NE, and from Jonathan and Alicia Downs, owner of 156 Church Street NE, to vacate half of the alley immediately adjacent to each property.
Pursuant to Virginia Code Section 15.2-2006, the Town may consider vacation of public rights-of-way at a public hearing. If Town Council is inclined to entertain the proposals, it must appoint three (3) to five (5) people to view the public right-of-way and report in writing any inconveniences that would result from discontinuing the right-of-way. Based upon the viewers' report and other evidence, if any, and after landowners affected along the public right-of-way that is proposed to be altered or vacated have been notified, the governing body may discontinue the public right-of-way.
Staff notes that the owner of 156 Church Street NE requests the half alley vacation along the entire length of the property to Church Street NE. Staff recommends vacating only the portion of the alley that matches the request from 211-213 Mill Street, leaving the remaining full 20-foot alley in place behind 146 Church Street NE to serve as public access to that property. All Town departments and utility companies verified that they had no objections to the alley vacation as recommended. If Town Council is interested in starting the vacation process, it is recommended that a panel of three viewers be appointed to determine that there is no inconvenience to the public and if there is a need to keep any piece of the alley. It is recommended that the Town ...
Click here for full text