The primary reason for the Planning Commission’s 5-2 vote to deny vacating the path that sits in between the two residential properties, located at 103 N. Harmon Dr. and 99 N. Harmon Dr., centered around leaving the path in the city’s hands due to the likelihood of the area being developed in the future. While the 66 foot right-of-way path is currently owned by the city of Mitchell, nearby property owners are seeking to have it vacated, which would prohibit public access.
“To me, it looks like that might be prime subdivision land at some point in the future, and at that point in time accessing that right-of-way road may become very important,” said Commission Chairman Jay Larson.
According to City Planner Neil Putnam, the path extends from North Harmon Drive into an open field that is owned by Hill City residents. Although the field is not developed, Larson foresees it will likely be developed in the future.
Jason Bradley, one of the nearby property owners who is requesting the path be vacated, has maintained the area for several years.
“Me and my neighbor, Steve, have maintained it, and he has been there for about 24 years,” Bradley said. “The ground was flooded last year, and they didn’t do anything with it, but this year they finally planted something about a month ago.”
Representing one of the votes to approve the request was Commission member Mark Vaux, who pitched the suggestion of working out an agreement to vacate the path, while allowing the city to regain ownership of the area if it begins developing.
City Attorney Justin Johnson cautioned against that suggestion, noting it would likely lead to the city having to purchase the path back at a later date.
“They are still able to use it in the same capacity that they are now, and if they choose to maintain it that is fine, but you would just not be changing the title of it,” Johnson said.
Putnam pointed out that a gas line that services the area also cuts through the path, noting the property owners attempting to vacate the area would have to retain the Northwestern Public Service gas line.
Should the City Council approve the path vacation, Bradley said he intends to have an easement granted for the gas line to be retained. The City Council will consider the request during the July 20 meeting at City Hall, which will ultimately decide whether the area is vacated.
Board appoints chairman, vice chairman
Acting Chairman Jay Larson was appointed to serve another one year term spanning from July 2020 to July 2021, while the board also approved Doug Molumby to serve a one year term as the vice chairman of the board from now to July 2021. Brad Penney was appointed as the new member of the Planning and Zoning Commission.
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Planning Commission denies request to vacate path along Lake Mitchell - The Daily Republic
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