Developer appeals denial of right-of-way vacation

The Urban Transportation Commission has rejected a request by the owner of one Old West Austin property to vacate right-of-way after hearing objections from the owners of a neighboring property that would be harmed by the street vacation. Commissioners voted 9-0 with one abstention and one absent to reject the street vacation request. The street is known as Sayers Street and the landowner seeking vacation is Jimmy Nassour of Anchor Properties.

As a result of new information introduced at the February 4 meeting, Richard Mendoza, director of the Transportation and Public Works Department, denied the application. Stephen and Stephanie Griffith and their family trust are the owners of 503 and 505 Walsh Street. As they argued at the UTC meeting, their tenant uses Sayers Street to receive furniture for his business. They told the commission that Sayers Street is the only access point for the large trucks to use for deliveries.

When commissioners asked Mashell Smith, who was representing Nassour at the UTC meeting, what plans Anchor Properties had for developing his property, Smith said she did not know. When asked about the public benefit of vacating the street, she said the city would no longer have to maintain it. Commissioners were clearly not impressed with that answer.

Tyler Grooms of Manifold Real Estate sent a letter to the city in December pointing out that the Griffiths would be in violation of their contract with the tenant if the street were vacated. In addition, Grooms said that his company is working on a new development for the Griffith’s property. He said the plans submitted last year “demonstrate the continued and necessary use of Sayers Street for fire access, utility access and vehicular access as well as loading access “as a vital part of the development plan.”

After the Urban Transportation Commission vote, Mendoza denied the application and removed the item from the Planning Commission agenda. In a memo to mayor and Council, Mendoza said “the (right-of-way) serves a present or future public purpose.”

Smith filed a notice of appeal for Anchor Equities, Ltd and the matter is expected to appear on the May 8 Council agenda.

The Austin Monitor’s work is made possible by donations from the community. Though our reporting covers donors from time to time, we are careful to keep business and editorial efforts separate while maintaining transparency. A complete list of donors is available here, and our code of ethics is explained here.