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TO: Mayor Richard C. Irvin
FROM: Tracey M. Vacek, Senior Planner
DATE: July 6, 2017
SUBJECT:
An Ordinance Vacating a Utility & Drainage Easement on the Property located at 2685 Clara Avenue, in DuPage County, Aurora, Illinois (Ann M. Walsh - 17-00608 / NA07/2-17.131-VAC/E - TV - Ward 10)
PURPOSE:
The Petitioner, Ann M. Walsh, is requesting the vacation of a utility & drainage easement for the property at 2685 Clara Avenue. The petitioner would like to replace their existing deck with a 3-season sunroom and deck combination, however, the existing easement on the west side of their property is restricting the size of the room to 9 feet in length which does not accommodate their needs. Therefore, they are requesting to vacate 2.5 feet of the 10 foot easement so that the size of the sunroom can be constructed at 12 feet in length.
BACKGROUND:
The Subject Property is located at 2685 Clara Avenue and is a single family dwelling with R-1 One Family Dwelling zoning. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
DISCUSSION:
Staff has reviewed the Plat of Vacation petition and have sent comments back to the petitioner on those submittals. The petitioner has made some of the requested revisions to these documents and they now meet the applicable codes and ordinances, with the exception of the items mentioned in the Staff Recommendation listed below.
The Engineering Division also reviewed this request and the remaining 7.5 foot utility & drainage easement is adequate since the existing storm sewer is centered on both property lines and it is not at a depth that would make repair or maintenance difficult. The city has been accepting 15 foot easements (7.5 feet each side) and this petition is consistent with recent city easement requests.
IMPACT STATEMENT :
While the easement runs the entire length of the property line, the proposed addition will have a minimal impact given that only the corner of the sunroom addition will encroach. In addition, this project will increase the City’s overall tax base and viability by adding value to the property.
RECOMMENDATIONS:
Staff would recommend CONDITIONAL APPROVAL of the Ordinance Vacating a Utility & Drainage Easement on the Property located at 2685 Clara Avenue, in DuPage County, Aurora, Illinois, with the following conditions:
1. That the Plat of Vacation be revised to address Staff's comments dated July 5, 2017.
ATTACHMENTS:
Exhibit “A” Plat of Easement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: 17-00608
cc: Alderman Saville, Chairman
Alderman Jenkins
Alderman Franco
Alderman Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Vacating a Utility & Drainage Easement on the Property located at 2685 Clara Avenue, in DuPage County, Aurora, Illinois
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, WHEREAS, the territory legally described in Exhibit "A", both hereto attached and incorporated herein by reference as if fully set forth and hereinafter referred to as said Exhibit "A" was heretofore reserved and granted to the City of Aurora for purposes of installing utilities; and
WHEREAS, the City Council of the City of Aurora has determined that said vacation described in Exhibit "A" will have no adverse effect upon the provision for utilities for which said easement was granted; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That part of the easement heretofore reserved and granted to the City of Aurora and shown on Exhibit "A" attached hereto and incorporated herein by reference as if fully set forth and hereafter referred to as said Exhibit "A" shall be, and is, hereby vacated with the following condition:
1. That the Plat of Vacation be revised to address Staff's comments dated July 5, 2017.
Section Six: That the City Clerk be and is hereby authorized and directed to cause this Ordinance and the Plat of Vacation hereby designated as Exhibit "A", to be placed on record forthwith with the applicable County Recorder of Deeds.