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File #: 20-6236    Version: 1 Name: Public hearing for closing the right-of-way for Mallaranny Road
Type: Public Hearing Status: Public Hearing
File created: 6/16/2020 In control: LUESA
On agenda: 7/7/2020 Final action: 7/7/2020
Title: Public Hearing for Closing the Right-of-Way for Mallaranny Road
Attachments: 1. BA 20-6236 MallarannyRdClosure_2020.pdf, 2. BA 20-6236 Petition to Abandon Mallaranny Road Right-of-Way.pdf, 3. BA 20-6236 Letter from NCDOT Mallaranny Road.pdf, 4. BA 20-6236 Order of Closing for Mallaranny Road_7.7.2020.pdf, 5. BA 20-6236 Exhibit A Mallaranny Road ROW.pdf

Title
Public Hearing for Closing the Right-of-Way for Mallaranny Road

Action
ACTION:
(A) Open public hearing to hear comments with respect to the closing of the right-of-way for Mallaranny Road

(B) Close public hearing

(C) Approve the Order of Closing for the public right-of-way for Mallaranny Road


Staff Contact: Dave Canaan, LUESA - Storm Water Services


Presentation: No


BACKGROUND/JUSTIFICATION:
On June 2, 2020, the Board of County Commissioners set this public hearing to hear comments with respect to the closing of the public right-of-way for Mallaranny Road. The property owner has petitioned to close all of the right-of-way for Mallaranny Road (1.001 acres). Petitioner is proposing to revise the plat and provide access to the properties from Buckland Road either directly or with the recorded access easement. The current access by the Mallaranny Road right-of-way will be abandoned once the driveways are constructed from the individual parcels to Buckland Road. Therefore, each parcel will have ingress and egress. The petitioner owns all of the parcels that would be impacted if the right-of-way for Mallaranny Road is closed. NCDOT informed the petitioner on February 4, 2020 that the right-of-way petitioned to be closed was not State maintained.

Mecklenburg County Land Use and Environmental Services Agency has determined that in its opinion the closing of the right-of-way of Mallaranny Road would not deprive any individual owning land in the vicinity of said right-of-way of reasonable ingress and egress to their property and would not be contrary to the public interest. Charlotte-Mecklenburg Planning and the Mecklenburg County Fire Marshal’s Office reviewed the petition and have no objection to the closing of the portion of said right-of-way. Charlotte-Mecklenburg Planning required the property owner to record a platted permanent alternative for access to be consistent with the Charlotte-Mecklenburg Subdivision ordinance before an ord...

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