Thursday, January 7, 2010

What Doesn't Kill You...

The Official Unofficial Minutes of the WL BOA
January 5th

Just for the fun of it, I’ll go backwards from my notes from Tuesday night.

Adjournment a little after 9:40 PM.
· Happy Birthday to Alderman Ed Bossert, Mayor Bos claims he is in his “late sixties”.

· The Harvey Christmas Vacation
o Michael and Mary Ann Harvey of Hillside Drive, represented by attorney Bill Quitmeier made a request of the BOA in regards to their property. (This will not accurately capture all the details, because there are many). The essence of their request goes back to 1954/1955. There is information available to indicate somewhere in the past the road in the cul de sac they live on was vacated by the City. The importance of this is the when a road is vacated, the road/land goes to the adjacent property owner, in this case from the middle of the former road to the property owner. The importance to the Harvey’s is they are in the process of selling their property. A title company does not recognize the vacated piece of property…without it the Harvey’s have less than 15,000 sq feet of property…prospective buyers wishing to buy the home and raze it for a new structure would face the requirement to request a variance from the BZA to build. The Harvey’s are requesting some action/resolution/quit claim to indicate the road has been vacated. The ordinance that would have formally vacated has not been found, it is not known if there ever was one. In recent years the “street” has been treated as if it has been vacated, no paving, etc…however it has been plowed by the City. The City Attorney is reluctant to advise the BOA to give specific relief in light of the title companies position. His belief this would be an action that would be reserved for the courts or a judge. Much discussion and back and forth. The Harvey’s are seeking quick action. Agreement was made by Quitmeier to re approach the title company and determine what would satisfy them in regards to a communication from the City.

No comments: