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City staff: South Abbey Road right‑of‑way previously vacated; applicant must correct quitclaim and secure easement
Summary
Planning staff reported July 8 that a parcel the applicant asked the city to vacate was already vacated by ordinance in 1990; the applicant’s quitclaim deed cites the wrong ordinance year and must be corrected, and engineering said an easement for sanitary sewer access will be required.
City planning staff told the Elyria Planning Commission on July 8 that a referral to vacate a portion of a former roadway near South Abbey Road was unnecessary because the city had already vacated the parcel in 1990; the applicant’s quitclaim deed contains an incorrect ordinance reference.
"The applicant's quitclaim deed is incorrect," Planning staff member Daryl Schoning said, explaining that the parcel in question was vacated under ordinance 1990‑158, but the applicant’s deed referenced 1991‑58. Schoning said the county auditor currently still lists the area as right‑of‑way and that the applicant would need to correct its deed.
Engineering staff noted sanitary sewer infrastructure runs along the area and said an on‑site utility easement would be required for access and maintenance if the applicant intends consolidation or a property split in that area. "There are concerns from the engineering department regarding that," Schoning said.
Because the ordinance already vacated the property, the planning report and staff recommended no action was required by the commission on the matter. Law Director Craig concurred that no action was necessary because the requested vacating had already been granted by earlier ordinance.
The commission received the staff briefing and moved on without taking a formal vote.
