Plain City Council voted Monday to vacate a public alley near the intersection of W. Main Street and N. Chillicothe Street. Private ownership of the unnamed alley, outlined in bold, will be split between the abutting property owners. (Graphic submitted)
Will allow for expansion of patio areas
The Village of Plain City has ceded ownership of an alley to business owners who plan to use it for outdoor dining areas in the Uptown district.
During Monday’s meeting, council approved by emergency a request to vacate the public alley near the intersection of W. Main Street and N. Chillicothe Street.
Village officials previously received a petition signed by each of the abutting property owners requesting ownership of the alley.
Following approval of the ordinance, the alley will be split between John Houchard, Ralph and Lisa Smucker, Jason James and Tim Dawson.
Village Administrator Nathan Cahall said the current property line extends “about 10 feet from the building faces.” The new line will extend parallel across that span, so there will still be a sidewalk area in the public right-of-way.
Dawson requested “immediate possession” of the alley on behalf of each of the petitioners.
“We’ve all agreed to (the petition) already and (the alley) no longer serves any public person,” he said.
The property owner also told council that possession of the alley would allow him to use about nine feet of that space to extend an outdoor patio area for his restaurant, The Grainery.
Additionally, he said ownership of the alley will facilitate necessary construction and repairs to the building he owns.
Dawson also noted, once vacated, it would be his responsibility to repave areas where the asphalt is broken.
Dawson said he is working with Cahall to determine whether the village or he will pay for cement work at the approach of the alley, but he said he will pay to replace the asphalt beyond the entrance with cement.
Although the ordinance was approved by council, member Frank Reed chose to abstain from voting after previously expressing opposition to the request.
During the first reading on Sept. 14, he suggested the village put the land up for public auction rather than vacate the alley to abutting property owners.
Cahall clarified that it was not legal to do so.
He said Plain City retains ownership of land when there is a public use that serves the community.
The vacation process exists because the village cannot lawfully sell public land for a private interest. Instead, Cahall said they can revert ownership to neighboring properties when the land does not serve a public purpose, but the private owners have an interest in it.
Council member Darren Lee said he felt the petition met the described purpose of the vacation process.
The area in question was originally platted for future development but there were no buildings or roads at the time, Lee said.
Now that development has occurred, he said the alley “has basically served no purpose aside from private access.” Lee argued the village does not need it as a public right-of-way and council has not received communication that there will be a future public need.
Regardless, Reed pushed for a meeting in which council would interview all four property owners who signed the petition and hear their plans for the property “under oath.”
Council president and soon-to-be Mayor Jody Carney, though, felt that is not the role of village government.
“We should not get into the day-to-day operations of our local businesses,” she said, adding that council serves to make legislation and set guidelines.
Ultimately, every council member aside from Reed voted in favor of granting the petition.
In other business:
– Council approved a resolution to amend the posting locations for village legislation and notices.
The village previously posted information at Security National Bank, which is closing at the end of the month. Residents will now be able to find such notices at the Plain City Municipal Office, 800 Village Boulevard; Plain City School District Public Library, 305 W. Main Street; Middlefield Bank, 490 S. Jefferson Avenue; The Richwood Banking Co., 601 W. Main Street; and the village website.
– Council approved a resolution to add physical fitness facilities as a permitted use in the B-3 Central Business District.
No communities members spoke during the public hearing regarding the amendment.