City approves street vacation
SANDPOINT — A property owner's dilemma and an unused city right-of-way set the scene at Wednesday's City Council meeting for an unusual result.
John Darling, who recently purchased two adjoining lots fronting Daisy Avenue between Monroe and Division streets near Forrest M. Bird Charter School, discovered after the fact that it was landlocked by city property on three sides and by private property to the south. Darling approached the city of Sandpoint for help in establishing access.
His initial idea was to trade one of his lots for the city-owned right-of-way to the north, but after conversations with city officials, Darling decided to make a formal request for the city to vacate the right-of-way in exchange for his pledge to build a block-long bike and pedestrian path.
“Scot, do we have a precedent for vacating the right-of-way instead of trading the lot?” asked Mayor Shelby Rognstad.
“This is unique that I’m aware of -- you can do it, but it is unique,” said Scot Campbell, city attorney.
According to Aaron Qualls, Sandpoint's planning and economic development director, the council has the latitude to rule on such a request when the change would be expedient to the public good. According to public testimony, the replacement of the city's right-of-way on Daisy with a dedicated bike/pedestrian path would provide students safe access to the charter school.
During public testimony, Jack Hammack, who owns neighboring property, called the area "the single most dangerous intersection" in town. Gary Parsons agreed.
"I think this is an excellent opportunity for the city to build connectivity with a bike path," he said.
Rob Harrison, whose property is just across the Daisy right-of-way, agreed adding a path would improve safety, but he also voiced a concern.
“I own property north of Daisy between Madison and Monroe. My concern is that I don’t want to lose access to the lots that we have. While I agree with the idea of a bike path and I think it would make it much safer, I am concerned it eliminates a very viable access to our property,” Harrison said.
Darling had the chance to address his neighbors' comments, but did not offer a solution to Harrison's concern. Instead, he confronted that main issue, which was why the city would want to cede some of its right-of-way to a private resident.
"I do understand that cities are not interested in just vacating city assets. But the reason I suggested vacating is to build a bike path. It's just a big jumbled mess. It’s a unique opportunity to develop it uniquely, get some curb appeal, raise property values," he said.
"I don't see any other use for this property," said Councilman Stephen Sneddon.
"I'm in favor of it," said Councilwoman Shannon Williamson. "I think the bike path is really important (for safety)."
Councilwoman Deb Ruehle asked whether the city would be responsible to maintain the path once it was completed, and Qualls answered in the affirmative.
"If we vacate, then it's gone?" asked Councilman Bill Aitken. "What if the property owner doesn't build the bike path?"
Councilman Bob Camp suggested amending the agreement to require Darling to complete the path within a year's time, and the council approved the measure unanimously.
After a couple more revisions, including a requirement that Darling and owners of other lots bordering the city right-of-way relinquish their claims to any additional land, the majority voted to approve the agreement, with Councilmen Aitken and Sneddon voting no.
By next spring, according to the agreement, Forrest M. Bird students should have safer passage on their way to school.