Admin Order 58-99-05 - Laserfiche WebLink

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Stewart Road Closure May 10, 1999 Page 11 policie exist as a factor outside the control of the hearings officer and the City Manag is designee making the decision on closing Stewart Road. The mean that decidin to repair Stewart Road is not an option. The only option is to keep the road open o close it until such time as the policies change and circumstances allow the road to be imp oved. The City chose to close Stewart Road because, of the options available, closure resulte in the most efficient use of the public ways. Appellants challenge this because of the gre ter limits on the use of the improved portion of Stewart Road. This is a simple case of disagreement as to which is a more efficient use of the public ways. The City is viewin this criteria as one that applies to all public ways, not just Stewart Road. The wordin of the criteria supports this interpretation. Therefore, the City's conclusions that it ism re efficient use of the public ways as a whole to direct traffic on to West 11`t' and avoid rther deterioration of Stewart Road is upheld by the evidence in the record. S.O55(g) The use of abutting property. The Administrative Order recites that the owners of the residential property feel that cl sure will have a positive effect on their use of the abutting property, while the owner of the business property feel that there will be a negative effect on their property use. Residents along Stewart Road object to the greater than normal amount of noise and du t created by the deteriorated condition of Stewart Road. They also perceive that traffic s traveling faster along the Road than the posted speed limit, and certainly faster than i safe, given the deteriorated condition of the road. Residents object to the high volum of through traffic, and they might object to having the road improved because that w uld mean that the volume of traffic would at least remain at the high level it achiev d before closure. The residents certainly are not eager to face the cost of road impro ements. There is ample evidence to support and explain the resident's preference for clo ure. The City considered all these matters in evaluating the relationship between the us s of abutting property and the proposed closure. The appellants and others running businesses along the western portion of Stewart Road bject to the closure of the road because it represents a decline in the value of the impro ed road. Appellants also object because of the increased difficulties for deliveries cause by the need of some delivery trucks to detour on West 11`h. Appellants also object because the closure has caused a decline in the number of customers, caused by the loss o pass through traffic. Closing Stewart Road has also caused an increase in the numb r of vehicles cutting through on private property, an increase in the time needed for public safety to respond to emergencies, and a reported increase in criminal activity along Stewa Road. 5.055(h) The intensity of use of the street by vehicles and pedestrians. The City determined that closure would decrease the intensity of use of the street and a pellants did not challenge this conclusion. Appellants did object to the reduction in the ntensity of use.