05/16/88 Board of Public Works Minutes

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REGULAR MEETING MAY 16, 1988 owners whose property abut the proposed alley as well as those within fifty (50) feet of the alley to be vacated were notified of the Board's Public Hearing date. Mr. David B. Dunbar, 857 Forest Avenue, South Bend, Indiana, Petitioner, was present and informed the Board that the purpose of the vacation is for the reasons stated in the ordinance submitted with the Petition and also because there have been attempted robberies on the homes of the Petitioners. He stated that the closing of the alley will not only benefit the Petitioners but other property owners in the area. Mr. James Serwatka, 853 Forest Avenue, South Bend, Indiana, Co -Petitioner, advised that the alley to be vacated is no more than two (2) ruts and that a fence and house located off this alley have been hit by vehicles a number of times. Mrs. Flossie Whitney, 627 Portage Avenue, South Bend, Indiana, advised that she is the owner of property at 902 Leland Avenue, which is utilized as a rental property and she is against the closing of the alley. She stated that the alley is used a lot by tenants as well as utility companies and that the only one that would benefit from the closing would be the Petitioners. Mrs. Ann Kolata, 865 Forest Avenue, South Bend, Indiana, addressed the Board and stated that she is in support of the closing of the alley and further stated that there are other cross alleys that could be utilized. There being no one else present wishing to speak either for or against the proposed alley vacation, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the Public Hearing on this matter was closed. Mr. Leszczynski advised that a number of comments have been received regarding this vacation. He informed the Board that Mr. Albert Mroczkiewicz, Jr., owner of property at 826 Leland Avenue, South Bend, Indiana, advised in writing that he has no objections to the alley being vacated on the condition that if the alley is vacated and split between the abutting property owners, rather than it being split lengthwise, that it be split crosswise (east/west) and that he receive the east half in order to be able to use his three (3) car garage which abuts the alley. Mr. Leszczynski stated that the law is very specific regarding this matter and the property goes to the abutting property owners. Mr. Leszczynski further advised that the Engineering Department, and Department of Economic Development have submitted favorable recommendations regarding this proposed alley vacation. Additionally, the Area Plan Commission has submitted its recommendations and indicated that some problems exist with this vacation regarding access for abutting property owners. Mr. Dunbar informed the Board that the Petitioners are willing to provide joint easements if the other two (2) abutting property owners require a joint driveway and stated that they can work this matter out if there is a problem. Mr. Leszczynski stated that that arrangement would address the concerns of the affected property owners as indicated above. Therefore, Mrs. DeClercq made a motion that the Clerk forward to the Common Council a favorable recommendation on the above referred to alley vacation subject to the assurance of the Petitioner that whatever is required to grant access to those lots affected as indicated above be provided to them and subject to any and all utility easements. Mr. Leszczynski seconded the motion, which carried, and stated that the vacation is subject to the dedication of additional right-of-way as needed.