CITY OF ROCKVILLE PLANNING DIVISION

STAFF REPORT

June 8, 2000

SUBJECT:   Application to Close and Abandon Public Way SCA2000-0080

Applicant:  Nicholas Koumoutseas
709 Stonestreet Avenue
Rockville, MD  20850

Public Hearing Date: June 19, 2000

REQUEST:  This application seeks abandonment of a portion of the alley between the Randolph and Koumoutseas properties on North Stonestreet Avenue (see location map).

RECOMMENDATION:  Approval.

BACKGROUND:

The applicant is the owner of an improved residential property (R-60 Zone) located at 709 North Stonestreet Avenue.  A 15-foot wide alley runs along the length of his property.  The right-of-way is unimproved and runs through the entire block from N. Stonestreet to Lenmore Avenue.  The applicant is requesting abandonment of only that portion adjacent to his property and between his property and 707 North Stonestreet Avenue.  This portion of the alley contains approximately 3,000 square feet and is about 200 feet long.

The alley proposed for abandonment has existed for many years in the East Rockville area.  It has never been developed nor used for any purpose since it was delineated on a plat in 1926.  The portion for which abandonment is being requested is located between two single family detached dwelling units.  These dwelling units are located immediately adjacent to the alley on both sides.  To the rear of the properties are the Lenmore Apartments.  The alley continues into the area between the two apartment buildings.

The applicant wishes to abandon this alley to incorporate a portion of it into his property for purposes of landscaping.  In addition, he would like to fence the area of the alley to eliminate cut-through pedestrian activity from the apartment complex behind his home.  Upon abandonment, ownership of the alley would be divided equally between the two property owners at 707 and 709 N. Stonestreet Avenue.

No utilities have been identified within the area of the proposed abandonment.  The applicant has noted that the alley and rear yards adjacent to the alley have drainage problems.  These drainage problems are part of a larger problem in the Lincoln Park neighborhood.  The Department of Public Works (DPW) has reviewed the situation.  There is a private storm drain system behind the Lenmore Apartments, right behind the subject properties and alley.  The DPW recommended that, to improve the drainage situation, an extension of the storm drain system would have to be made at the owners expense.  DPW has also stated that if the apartment property is sold, staff would require the drainage improvement upon upgrading or renovation of the property. While the drainage problems do not directly impact the abandonment application, it is important to note that future work may be required to improve the drainage in the area. 

STAFF RECOMMENDATION:

The staff recommends that the portion of right-of-way be abandoned as requested.  Abandonment will allow the adjacent residents to utilize the area and will eliminate the possibility that this area will become a public maintenance problem at some future time.

There has been some interest expressed by residents of the area for abandonment of the entire alley that runs the length of the area between N. Stonestreet Avenue and Douglass Avenue.  This, however, is not the subject of the application as submitted.  The abandonment of the additional portion of alley beyond the applicant's property, through to Douglass Avenue, should be explored as a separate future action.

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