Permit issued for garage along unimproved alley in N. Edgebrook but not clear if alley can be used for access

by BRIAN NADIG

The city Department of Buildings last month approved a permit to build a new garage accessible from an unimproved alley in North Edgebrook — despite a city policy stating such requests are “routinely denied.”

The south portion of the rear alley in the 7100 block of North Mason Avenue reportedly has been closed to traffic, except the occasional utility truck, for decades.

In the Edgebrook area, front driveways leading to garages are common, and unimproved alleys often serve as extensions of backyards.

In April, a property owner had a portion of the alley on Mason excavated without the proper permit, and city inspectors stopped the work, along with construction/renovation work that had started on the owner’s house at 7111 N. Mason Ave., where a garage and a portion of the driveway were demolished. Stop orders were issued, and the city took the case to court.

In the meantime, the city Department of Transportation had the owner restore the alley by grading it and planting grass seeds. Decades of shrubbery and other vegetation had been removed as a result of the excavation.

The department then had a barricade placed at the south end of the alley to help prevent cars from entering.

However, it’s not clear if CDOT is reversing course and plans to open the alley to traffic. CDOT officials did not respond to inquiries for this story, but a city Department of Buildings spokesperson said that its department is “working closely” with CDOT on the alley access issue — without further explanation.

While the court case is still pending, the buildings department issued a permit that allows the renovation work to resume at 7111 N. Mason Ave. and allows for the construction of a new two-car frame garage. The construction site was inspected on Aug. 7, and no violations were found.

The construction of the garage has started, and the work is following the approved plans, as stated on the permit, the spokesperson said, adding that the garage entrance would face the unimproved alley.

“(CDOT) has jurisdiction to enforce requirements regarding public way and alley access. Both CDOT and DOB are working closing to discuss next steps regarding this unimproved alley,” the spokesperson said. The alley runs from Estes Avenue on the south to almost Touhy Avenue on the north.

Opening the alley to traffic could be a lengthy and costly endeavor based on current city policy, which requires “overwhelmingly resident support” and several other stipulations.

“The city has no legal obligation to construct platted alleys to allow vehicular access to the rear of a lot. Nor does longterm occupation of the alley convey any ownership or easement rights upon the occupier.

“CDOT is amenable however to the evaluation of the legal opening and construction (to city standards) of an entire length of a through-alley (full width, full length, and not deadended) subject to need, aldermanic support, the use of aldermanic menu funds and overwhelming resident support for the alley opening.”

If alley on Mason were to be opened up to traffic, some residents have expressed concern whether the decision would be precedent-setting and affect other unimproved alleys in the area, where in some instances gardens, private fences and recreational structures have been installed in these alleys. Residents also point to some locations where vehicle access to a garage has been allowed in some unimproved alleys— possibly as a “grandfathered condition,” they said.

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