File #: 20-206    Version: 1 Name: Setback Encroachment Agmt - 4709 N. Sterling Ave.
Type: Action Item Status: Consent Agenda
File created: 7/27/2020 In control: City Council
On agenda: 8/11/2020 Final action: 8/11/2020
Title: Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from Staff to Waive the Requirement for a SETBACK ENCROACHMENT AGREEMENT for the Property located at 4709 N. STERLING AVENUE. (Parel Identification No. 14-19-328-002), Peoria, IL (Council District 4)
Indexes: Goal 4 - Grow Peoria, Grow employers and jobs.
Attachments: 1. Haasis Trust Petition to the City of Peoria-July 27 2020 - 4851-4959-3029 v1, 2. Setback Encroachment Agreement-4709 N. Sterling, 3. Plat attached to Stamberger Petition - 4838-9195-7189 v1

ACTION REQUESTED: 

Title

Communication from the City Manager and Director of Community Development with a Request to Concur with the Recommendation from Staff to Waive the Requirement for a SETBACK ENCROACHMENT AGREEMENT for the Property located at 4709 N. STERLING AVENUE. (Parel Identification No. 14-19-328-002), Peoria, IL (Council District 4)

 

Body

BACKGROUND:  The petitioner, Mary Stamberger, Trustee of the Eugenia F. Haasis Trust, is requesting release of an existing a Setback Encroachment Agreement for the property located at 4709 N. Sterling Avenue, dated November 2, 1987.  The petitioner’s position is that the setback encroachment is no longer applicable to this property; and further, was not signed by the owner, but a previous tenant.  The petitioner is currently under contract to sell the property to the tenant who operates a Shell Gas status at the property, the buyer.  As a condition of sale, the buyer would like the setback encroachment from 1987 to be vacated, waived, or released. 

 

FINANCIAL IMPACT:  With the agreement release, future roadway projects could require purchase of property.  This is not anticipated.

 

NEIGHBORHOOD CONCERNS:  N/A

                     

IMPACT IF APPROVED:  The sale of the property will go through, and an existing gas station will continue to operate at this location.

 

IMPACT IF DENIED:  The petitioner’s position is that continuation of this agreement constitutes an extreme hardship to the owner.

 

ALTERNATIVES:  N/A

 

EEO CERTIFICATION NUMBER: N/A

 

WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?

 

1. Grow Peoria                     

 

WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?

 

1. Grow employers and jobs.                     

 

DEPARTMENT: Community Development