Admin Order 58-99-05 (2) - Laserfiche WebLink

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Stewart Road Closure May 10, 1999 Page 11 policies exist as a factor outside the control of the hearings officer and the City - Manager's designee making the decision on closing Stewart Road. The mean that deciding to repair Stewart Road is not an option. The only option is to keep the road open or close it until such time as the policies change and circumstances allow the road to be improved. The City chose to close Stewart Road because, of the options available, closure resulted in the most efficient use of the public ways. Appellants challenge this because of the greater 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 viewing this criteria as one that applies to all public ways, not just Stewart Road. The wording of the criteria supports this interpretation. Therefore, the City's conclusions that it is more efficient use of the public ways as a whole to direct traffic on to West 11~' and avoid further deterioration of Stewart Road is upheld by the evidence in the record. 5.055(g) The use of abutting property. The Administrative Order recites that the owners of the residential property feel that closure will have a positive effect on their use of the abutting property, while the owners 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 dust created by the deteriorated condition of Stewart Road. They also perceive that - traffic is traveling faster along the Road than the posted speed limit, and certainly faster than is safe, given the deteriorated condition of the road. Residents object to the high volume of through traffic, and they might object to having the road improved because that would mean that the volume of traffic would at least remain at the high level it achieved before closure. The residents certainly are not eager to face the cost of road improvements. There is ample evidence to support and explain the resident's preference for closure. The City considered all these matters in evaluating the relationship between the uses of abutting property and the proposed closure. The appellants and others running businesses along the western portion of Stewart Road object to the closure of the road because it represents a decline in the value of the improved road. Appellants also object because of the increased difficulties for deliveries caused 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 of pass through traffic. Closing Stewart Road has also caused an increase in the number 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 Stewart 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 appellants did not challenge this conclusion. Appellants did object to the reduction in the intensity of use.