02/04/91 Board of Public Works Minutes

Home Browse Search

0 REGULAR MEETING FEBRUARY 4, 1991 difficult to use the alley and therefore the alley is not used. Mrs. Kaniewski stated that Mr. Geoffrion took a portion of the alley at that time and now Mr. Allan would like to take even more. She noted that her objection is based on the fact that the City did nothing once before when Mr. Geoffrion installed the curb and now someone else is the property owner and he wants even more. Mrs. Kaniewski noted that the other persons who live at 814 Ashland use the alley to park their cars. Obviously the curb is not going to be removed and therefore the alley cannot be restored to its original intent and use. Mr. Steve Luecke, lst District Councilman, 810 Leland Avenue, South Bend, Indiana, advised the Board that the alley in question is an "S" shaped alley that is not used by the City. He noted that Mrs. Kaniewski did raise some good points and there are still two (2) garages that access off the alley as well as a utility pole in the alley. Mr. Luecke inquired of Mrs. Kaniewski if she would have the same objections if only one-half (1/2) of the alley were vacated. She advised that she would quetion the other property owners and whether they would endorse having this alley vacated. Mr. Shawn Allan, Petitioner, 814 Ashland Avenue, South Bend, Indiana, advised the Board that when he purchased the property there was a fence there since 1978. He put a new fence in and moved the shed down toward the alley as the alley was not being used. He noted that one gentleman has his garage on the alley but only uses the alley to park his cars. Mr. Allan stated that when he moved into his property the alley was a mess with overgrown weeds and bushes and he cleaned the alley up. He was not aware that there was an encroachment onto the alleyway but apparently Mr. Geoffrion did overstep his property boundaries. Mr. Allan advised that he moved his shed to the location to which he did as he did not want to cut down the Maple tree in the backyard that would have to be removed if he moved the shed to any other location. Mrs. Kaniewski stated that the shed was originally located next to the back door before it was moved to the location it is now. Mr. Luecke stated that the City Engineering Department surveyed the alley and did not feel there was an encroachment into the alley which is a fourteen foot (141) alley. Because of the curve it is difficult to find where the alley lies. Mrs. Kaniewski stated that if the cement curb that was installed by Mr. Geoffrion was moved you could tell where the alley lies. There being no one else present wishing to speak either for or against the proposed alley vacation, and no written objections having been filed with the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed. Mr. Leszczynski stated that the City's survey crew did go out to the location and determined that Mr. Allan is encroaching into the right-of-way and that the shed can be moved without cutting down the Maple tree. Mr. Leszczynski noted that the City has not used the alley for a number of years as it is very difficult to get down. He informed the Board that during his site visit of the location, he also had difficultly in getting through the alley and had to back his vehicle out of the alley. He further advised Mr. Allan that if this Vacation Petition is denied, he would have to move his fence and shed to the property line. Mrs. Kaniewski stated that she does not use her garage at the present time and that in the past it had been her intention to extend the garage and reopen it for parking and storing her vehicle. She noted that her husband died and those plans were