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Lake County committee backs vacating unimproved section of Cherry Lane in Ela Township
Summary
The Planning, Zoning and Environment Committee voted to forward a resolution that would vacate about 0.22 acres of an unimproved portion of Cherry Lane in the Arthur T. McIntosh subdivision, adding a 10‑foot utility easement requested by ComEd. The owners adjacent to the segment will assume private ownership and maintenance responsibilities if the county board approves.
The Planning, Zoning and Environment Committee on Dec. 3 voted to forward a resolution to the full county board to vacate an approximately 33.3‑foot‑wide, 9,637‑square‑foot (about 0.22‑acre) unimproved segment of Cherry Lane in the Arthur T. McIntosh and Company’s Briggs Lake subdivision in Ela Township.
Natalia, a planner with the county’s Planning, Building and Development (PBD) department, told the committee the petitioners — recorded property owners Thomas F. Naples and Deanna J. Naples — asked that the unimproved portion be vacated because it has functioned as a private driveway and was never accepted or maintained by Ela Township. She said the petition includes a 10‑foot utility easement added at the request of ComEd.
“Once it goes to county board, it becomes part of their property,” Natalia said, describing how the parcel would be consolidated with adjacent lots and then subject to county permitting and zoning requirements. County staff said owners may improve or maintain the land at their discretion, and the county would enforce existing nuisance and zoning standards but would not, under the current ordinance, require an immediate upgrade to pavement.
Member Campos asked whether the committee could impose a condition requiring the owners to improve the driveway; staff said conditioning a vacation to require a specific improvement would require further legal review and is not routine for a simple vacation request. Eric Wagner, PBD director, said the county’s role is to ensure property is maintained consistent with zoning and nuisance rules and that applying a specific improvement condition would need consultation with the state’s attorney.
The motion to forward the resolution was made by Member Kanishnik and seconded by Member Frank. The committee approved the motion by voice vote; the committee chair announced the motion passed.
If the county board adopts the resolution and the deed is conveyed, owners would assume the responsibility and liability for maintenance and could apply for permits to repave or otherwise alter the former right-of-way.
Next steps: the committee advanced the resolution to the county board for final action.
