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Commission recommends approval of Dirks resubdivision final plat, subject to utility releases

3213259 · May 7, 2025
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Summary

The Planning and Zoning Commission recommended approval of the final plat to combine two lots at 3435 and 3447 Owens Lane into a single parcel, contingent on obtaining utility easement releases (MetroNet, Frontier, ComEd) and recording the plat; a 50/50 sidewalk cost‑sharing agreement with the owner was noted.

The DeKalb City Planning and Zoning Commission on May 5 recommended that the City Council approve the final plat combining two lots owned by Marshall Dirks at 3435 and 3447 Owens Lane, contingent on obtaining required utility releases before the plat is recorded.

Marshall Dirks told the commission he and his partner own the two parcels and want to remove a common lot line to allow a home addition; the combined lot will be just over a half‑acre, staff said. City staff recommended approval but made the recommendation conditional on receiving release letters from utility providers for an existing utility easement that crosses the lots.

Marshall Dirks described the history and current use of the vacant lot next to his house, which he said he bought during the COVID‑19 period and has used as a garden. “We still have 2 outstanding [utility approvals]. Got 1 from MetroNet, today, and we're still waiting for Frontier, as well as ComEd, for vacating,” Dirks said. City planning staff explained the releases protect future utility company rights and are standard procedure even when no utilities are currently located in the easement.

Staff also noted a previously negotiated sidewalk improvement cost‑sharing arrangement with the owner: the sidewalk will be installed under a 50/50 cost agreement between the city and the owner for the portion where no sidewalk currently exists. The commission’s recommendation included the condition that all utility approvals be obtained prior to recording the plat.

A motion to recommend approval of the final plat dated Aug. 9, 2024 and prepared by Hanna Surveyors was made and seconded; a roll call recorded affirmative responses and the motion passed. The commission noted the owner must complete the regular building‑permit process for any future addition and that the commission’s action does not approve building plans.

The recommendation will be forwarded to the City Council for final action; staff listed the outstanding condition that the required utility releases be recorded before the plat is filed with the county recorder.