Minutes 07/24/1979 - Laserfiche WebLink

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260 July 24, 1979 "The Ebony Heights Civic League, the citizens and the residents of Ebony Heights hereby petition the Engineering Department for the City of Portsmouth, to upgrade, repave, or recon- struct city streets in the Ebony Heights section of Portsmouth. (We are not making reference to patching of pot holes.) Our streets cannot stand to wait another 10 years. This is a formal draft of signature for major street repairs to include, but is not neces- sarily limited to, the following streets and avenues: Academy Avenue Author Avenue Blaine Street Borden Street Campbell Street Tyre Neck Road (In part) Dunkirk Street Eric Street Fawkes Street Harvey Street ~ Pierce Street Polk Street This is a formal draft of signatures for major street repairs to include the above street and avenues: Signed by Johnny M. Clemons, 5805 Dunkir Street and others." On motion of Mr. Oast and seconded by Mr. Early, the ordinance was adopted, and by the following vote: Ayes: Barnes, Beamer, Early, Gray, Holley, Oast, Davis Nays: None 79-254 The following resolution deferred from the regular meeting of July 10, 1979, was taken up and read: "A RESOLUTION EXPRESSING THE CONSENT OF THE CITY COUNCIL TO THE VACATION OF A SUBDIVISION PLAT OF DONALD H. SANDIE; AUTHORIZING THE CITY MANAGER TO SIGN DOCUMENTS." W. E. Williams, 8 Locust Lane, spoke reyarding document signed by twelve persons and requested that the street not be closed. The-following letter from the City Maaa§er.~as received: "As you will recall a resolution (79-254) consenting ~o the vacation of a minor subdivisic plat was deferred from your July 10, 1979 Council meeting after the appearance of Mr. W. E. Williams an adjoining neighbor of the property in question on Locust Lane. Mr. Williams' property fronts on the private section of Locust Lane and by v~rtue of the subdivision had it been consunnnated, he would have received a new public street with curbs and gutters constructe~ at the total expense of the applicant. In order to facilitate these improvements Mr. Williams agreed to donate a small portion of the required right-of-way to the City. The subdivision in question can only be consummated at great expense to the applicant for it ~s a requirement of the City's subdivision ordinance that the subdivider extend all the required public improvements (street, drainage, utilities, etc.) to the nearest City street or system. The applicant was unaware of this fact thinking that his application qualified under less stringent subdivision regulation. It does not, and therefore, the applicant elected to vacate the plat. Since the item was deferred, the City Attorney's office has contacted the applicant once again, who reaffirmed his desire to vacate the plat. Presently with the subdivider unwilling to provide the necessary public improvements, the plat is unenforceable and new housing con- struction cannot be permitted. The problem of private streets is not a new one. The City has at least fifteen private streets which resulted from subdivisions created before a modern Subdivision ordinance was adopted. Despite several requests to my knowledge the City has never accepted such streets for the purpose of building a new street. However, the City has considered favorably requests to accept private streets for maintenance under certain circumstances. For this procedure to be approved there would have to be sufficient right-of-way for State maintenance payments as well as a demonstratable reason for making the street public. Since in this instanQe both of the primary conditions are met perhaps the residents would prefer to pursue this alternative. 6ne other related item which has been mentioned by Mr. Williams is the extension Qf Locust Lane to Thelmar Eane across the recently purchased Seaboard Coast Line Railroad right-of-way. While initially I can see no public purpose for such an extension, I will ask the appropriate departments to review this proposal. In view of the applicant's continued wish to vacate the plat and its unegforceability, I recommend that City Council approve the consent resolution authorizing the plat to be vacated, On motion of Mr. Early and seconded by Mr. B~rnes, the following resolution was adopted, and by the following vote: "A RESOLUTION EXPRESSING THE CONSENT OF THE CITY COUNCIL TO THE VACATION OF A SUBDIVISION PLAT OF DONALD H. SANDIE; AUTHORIZING THE CITY MANAGER TO SIGN DOCUMENTS. WHEREAS, by that certain plat entitled "Minor Subdivision of Property Owned by Donald H. Lillie M. Sandie and George W. and Jany G. Cooper" dated February 21, 1977, was recorded in the Clerk's Office of the Circuit Court of the City of Portsmouth, Virginia, in Map Book 10, Page 74; and