Part 2 — Unified Development Ordinance Subdivision Regulations
City of Andover Unified Development Manual

5. Public Hearing. The Planning Commission must hold a public hearing to consider a recommendation to the Governing Body as to whether the vacation should be approved, approved with conditions, or disapproved. a. The Planning Commission must hear testimony at the hearing as necessary to fully understand the nature of the petition. b. The Planning Commission must recommend that the vacation be approved , if they determine from the testimony presented that all of the following conditions apply: (1) Due and legal notice has been given. (2) No private rights will be injured or endangered. (3) The public will suffer no loss or inconvenience. (4) In justice to the petitioner(s), the vacation should be granted. c. A recommendation for approval may reserve rights-of- way and easements for public service facilities located in the vacated land or planned for the future, to the City or owners of any lesser property rights for public utilities. d. Approval may be recommended with a condition that the petitioner is responsible for removing or relocating all underground or surface utilities or paving in or on the vacated land.
e. The Planning Commission must recommend that the petition for vacation be disapproved , and the vacation must not be granted by the Governing Body, if any property owner who has not joined the petition for vacation but would be a proper party to it files a written objection with the City Clerk before or during the hearing. 6. If granted by the Governing Body, the City Clerk must certify the vacation order, and file it with the County Register of Deeds. a. Any conditions attached to the vacation order must be satisfied before the order is filed . b. The Register of Deeds must note the vacation on the recorded plat of the townsite (the city, or the applicable platted addition), with the words "canceled by order" or "canceled in part by order". (1) The Register of Deeds must also note the book and page where the vacation is recorded. B. Inside the City, the following procedures may also be used to vacate streets, avenues, alleys or lanes, including all or part of recorded plats. (See K.S.A. 14-423 and 423a.) 1. These procedures may not be used to vacate public easements, dedicated building setback lines, or access control. 2. A petition for vacation may be submitted by any person or governmental agency to the Subdivision Administrator. a. All nongovernmental petitioners are required to pay a processing fee . (See Chapter 1.3.6 for Fees.)
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Foster Design Associates LLC
Vacations & Corrections
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