Legislation Details

File #: 246-24   
Type: Public Hearing Status: Passed
File created: 5/8/2024 In control: City Council Meeting
On agenda: 5/21/2024 Final action: 5/21/2024
Title: Public Hearing for an Ordinance Approving the Vacation of a Portion of a 2.5-Foot-Wide Side Yard Drainage Easement and a Portion of a Storm Water Detention Easement Located at 2909 Campbell Street (V-1-24)
Attachments: 1. Ordinance - Easement Vacation V-1-24, 2. Plan Commission Staff Report Packet V-1-24, 3. Plat of Survey V-1-24, 4. Plan Commission Minutes 04-18-24, 5. Approver Report
TO: Mayor and City Council

FROM: Beth Beatty, City Manager

SUBJECT:
title
Public Hearing for an Ordinance Approving the Vacation of a Portion of a 2.5-Foot-Wide Side Yard Drainage Easement and a Portion of a Storm Water Detention Easement Located at 2909 Campbell Street (V-1-24)
end

BACKGROUND:
The petitioner and owner, Kevin Pastori, is requesting to vacate portions of a side yard drainage easement and a storm water detention easement that lie under the existing garage and driveway on his property. The petitioner purchased the property in 2011, ten years after the house and garage were built. Since that time, the petitioner and their attorney have been working with City staff to resolve the issue of having existing structures in the easements. At this time, City staff has determined that the owner can vacate the portions of the easements in which the existing garage and driveway are located.

The subject property includes Lot 96 and Lot 96A of Old Kent Subdivision Unit 7, which was recorded in 2001. Lot 96 contains a single-family residence and a detached garage, built in 2001. Lot 96A is a storm water detention area. The detached garage was built across the shared lot line between the house lot and the storm water lot, extending approximately 7 feet onto the storm water lot. The driveway also extends onto the storm water lot by approximately 3 feet. Lot 96 has a 2.5-foot side yard drainage easement along the west side. The entirety of Lot 96A is a storm water detention easement. The garage and driveway encroach on both of these easements.

The Public Utilities and Public Works Departments are not opposed to this request. Nicor and ComEd have responded that they are not opposed to the vacation request.

PLAN COMMISSION MEETING:
The Plan Commission reviewed this matter at their meeting on April 18, 2024. Daniel Adler, attorney with Adler Law Firm, represented the petition. No one appeared or submitted comments in opposition to the petition. Meeting minutes...

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