City Council Hearings On The Fence
Huntsville City Council July 24, 2014
At this meeting, three council members voted to revoke the license for the fence. The discussion of the licence starts ~ 50 minutes into the video. Please listen to the agruments the owner's lawyer makes for keeping the license. He does an outstanding job describing what has occureed over the past year. Please also pay attention to the response from the city attorney.
At this council meeting, the owner and several of the neighbors appealed to the council to keep the license agreement in place.
Huntsville City Council April 10, 2014
Right Of Way Vacations
Over the course of time any city ends up with right of ways that for whatever reason they can't use. Land owners may petition the city to vacate these right of ways (give up their rights too it) so that they can build on it. The owner of Kildare made multiple requests that the city vacate the excess ROW in front of the historic home, but was denied. Note that if the city vacates a right of way, it no longer has any liability associated with it. i.e. if someone gets hurt on the vacated land, the land owner, not the city, is responsible.
Here is a sample of some of the vacations that the Huntsville City Council has approved since the owner of Kildare submitted the first request to the city:
- Resolution consenting to the vacation of a portion of Lendon Main Street Right-of-Way, (formerly known as Jones Farm Road), Resubdivision of Lot 1 of Jones Farm Southwest, Plat Book 37, Page 72.
- Resolution consenting to the vacation of Pride Street, Un-named Street Callagan Street and Laniers Alley, Lots 1-6 and 9-14, Lanier-Pride Subdivision of Adam Hall Addition, and Lots 11-26, 47-62, J.C. McDonald Addition. (Stone Middle School)
- Resolution authorizing the approval of, consent to, and authorizing the vacation of, a portion of Cedar Avenue Right-of-Way, Huntsville Park,Plat Book 1, Page 216. (3320 & 3400 Clopton St.)
- Resolution consenting to the vacation of Pleasant Road right-of-way,Resubdivision of Roosevelt Park, Deed Book 879, Page 855.
- Resolution consenting to the vacation of a portion of Carl T. Jones right-of-way Valley Bend East at Jones Valley Phase 2.
- Resolution authorizing the vacation of a portion of Right-of-Way for Lots 4 & 5, Twickenham Square. (Twickenham Square Venture:Pelham Avenue)
- Resolution authorizing the approval of, consent to, and authorizing the vacation of, a portion of a Right-of-Way at the northwest corner of Wall Triana Highway and Beadle Lane in the Jetplex Industrial Park.
- Resolution authorizing the approval of and consent to the vacation of a 10-foot Right-of-Way, Russell Hill Drive, Lots 3 & 4, CCI/Martin Medical Complex.
- Resolution authorizing the approval of, consent to, and authorizing the vacation of a 50-foot Right-of-Way, Laurel Lake Drive, Cummings Research Park West.
- Resolution consenting to and authorizing the vacation of a portion of a right-of-way, Watercress Phase 1. (Watercress Development)
- Resolution consenting to the vacation of a 25-foot right-of-way, Tract 3, Walnut Cove Phase 1, Second Addition at Lake Forest. (Walnut Cove Road)
- Resolution consenting to the vacation of a 25-foot right-of-way, Tract 2, Walnut Cove Phase 1 Second Addition at Lake Forest. (Walnut Cove Road)
- Resolution consenting to the vacation of a 25-foot right-of-way, Tract 1,Walnut Cove Phase 1 Second Addition at Lake Forest. (Walnut Cove Road)
- Resolution consenting to the vacation of Rights-of-way, M.B. Neece’s Subdivision, Plat Book 1, Page 35. (Bankhead Parkway; Hertneky)
How are these cases different from the situation at Kildare? What criteria does the city use when determining when they will vacate ROW? What possible plans could the city have for this wedge of land in the neighborhood that has not changed in nearly 70 years? Are those plans really more important than saving this nationally recognized treasure?