Quote:
Originally Posted by PKDickman
Guys, the open space is 40 feet wide and the paved strip is wide enough for a firetruck.
Its accessibility to the public is governed by this statement in the PD :
Applicant shall construct the open space shown on the site plan. The open space shall continue to be privately owned, maintained and subject to occasional partial closure for private use but, subject to the foregoing, shall remain accessible to the public during hours in which public parks are accessible to the public. Nothing contained herein shall preclude residents or other individuals from using the open space for other private uses, provided that they obtain all necessary governmental approvals and permits.
We wanted it open 24 hrs, but conceded that if became a security problem they could shut it at 11:00.
Last time there was any discussion about it, the Fire Dept said ixnay. They don't like gates blocking fire lanes.
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Fire lanes, wow. That's a topic that doesn't often come up in Chicago. Usually the fire dept. review on a PD is a rubber stamp.
Even townhouse projects usually have fire access only to the drive aisles, not to the pedestrian courts that the houses front onto.
Anyway, this language doesn't seem to prevent the developer or the eventual owners from putting a gate across the court at the alley, turning it into a cul-de-sac to prevent pedestrians cutting through. They could still keep a keycard gate so residents have easy access to Milwaukee and the grocery store.
I'm very cynical about this kind of public space dedication in a PD. This story has already played out many times on riverfront properties with the required 30' setback and walkway. It works okay with commercial properties or multifamily rentals, but residential developments with houses or townhomes have consistently resisted public use and erected gates or barriers.
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