What is a Vacation?
When it is deemed to be in the public interest, all or a portion of any street, alley or public reservation, including, but not limited to , public utility or drainage easements, dedicated building setback lines and access control may be vacated. Vacations, to allow such changes, are granted through Governing Body approval.
When requesting a vacation in Olathe:
1. Pre-application Meeting:
Vacations require a public hearing before the Olathe Planning Commission. For all applications that involve a public hearing, the applicant is required to meet with a planner prior to formal submission of an application.
2. Vacation application:
Where an application has been filed by a landowner, an affidavit of ownership shall be submitted to the City.
Where an application has been filed by an agent of a landowner, an affidavit of the landowner establishing the agent's authorization to act on behalf of the landowner shall be submitted to the City.
With the vacation application, the following is also submitted:
3. Notice to surrounding property owners:
- The legal description of the property in print, on a CD (Microsoft Word) and a digital copy of the site plan or plat (.pdf and Autocad).
- A statement of the reason(s) why the vacation is being requested.
- Nine (9) copies of the plat, survey or other acceptable drawing depicting the requested vacation.
- A list of all property owners within the notification area of the subject public reservation. A certified list from a title insurance company is preferred.
- Letter and/or signature from representatives of any affected utility companies verifying that the street, alley, utility easement or other public reservation will not be needed by the service provider. The private utility company list is attached to the application.
The applicant shall mail all notices at least twenty (20) days prior to the hearing to all owners of record of lands located within at least two hundred (200) feet of the area proposed to be altered for regulations of the City.
Such mailed notice shall be given by certified mail, return receipt requested, and shall be in letter form stating the time and place of the hearing, a general description of the proposal, the legal description and general street location of the property subject to the proposed change, and a statement explaining that the public may be heard at the public hearing.