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292
<br />REGULAR MEETING OCTOBER 3. 1988
<br />Therefore, upon a motion made by Ms. Humphreys, seconded by Mrs.
<br />DeClercq and carried, the Clerk was instructed to forward to the
<br />Common Council a favorable recommendation on the above referred
<br />to vacation subject to any and all utility easements.
<br />- 1ST E/W ALLEY
<br />STREET FOR A D
<br />- 1ST N/S ALLEY
<br />FOR A DISTANCE
<br />Mr. Leszczynsk
<br />Board's Public
<br />follows:
<br />VACATIONS:
<br />S. OF COLFAX STREET, RUNNING W. FROM F
<br />ISTANCE OF APPROX. 166 FT. AND
<br />W. OF FRANCES ST. RUNNING S. FROM COLF.
<br />OX. 198 FT.
<br />STREET
<br />i advised that this was the date set for the
<br />Hearing on a proposed alley vacation described as
<br />1st east/west alley South of Colfax Street, running
<br />West from Frances Street, for a distance of approximately
<br />166 feet.
<br />Attorney Richard Urda, 311 First Interstate Building, South Bend,
<br />Indiana, on behalf of the Petitioners, requested that at this
<br />time the Board also conduct the Public Hearing on the following
<br />proposed alley vacation:
<br />1st north/south alley West of Frances Street, running
<br />South from Colfax Street for a distance of approximately
<br />198 feet, all in Whitten's subdivision of Lot 17 Cottrell's
<br />First Addition.
<br />It was noted that this Public Hearing is being held in order for
<br />the Board to submit a recommendation to the Common Council
<br />concerning the Vacation Petitions filed by Mr. Richard B. Urda,
<br />Jr., Attorney at Law, 311 First Interstate Building, South Bend,
<br />Indiana, on behalf of Garcia and Ansari Troeger, 311 First
<br />Interstate Building, South Bend, Indiana, Edward A. Lawton, DDS,
<br />900 E. Colfax, South Bend, Indiana and John M. Stenger, DDS, 900
<br />E. Colfax Avenue, South Bend, Indiana. It was further noted that
<br />pursuant to South Bend Municipal Code Section 18-53.8, owners
<br />whose property abut the proposed alleys to be vacated as well as
<br />property owners within fifty ( 50 ) feet of the alleys to be
<br />vacated were notified of the Board's Public Hearing date.
<br />Attorney Richard B. Urda, Jr., 311 First Interstate Building,
<br />South Bend, Indiana, was present and introduced to the Board
<br />Attorney William Farabaugh, 205 West Jefferson Boulevard, Suite
<br />316, South Bend, Indiana, who he advised was representing the
<br />seller of property, Dr. John Stenger, DDS, 900 East Colfax, South
<br />Bend, Indiana, Petitioner, and Mr. Steven Henry of The Robert
<br />Henry Corporation, 404 South Frances Street, South Bend, Indiana,
<br />in charge of construction at the site.
<br />Mr. Henry addressed the Board and advised that the purpose of the
<br />vacation of the alleys is to augment ingress and egress. He
<br />stated that his client is spending approximately one million
<br />dollars to improve the property. The Petitioners will construct
<br />a medical office building and parking lot on the adjacent site.
<br />He also noted that code requirements could be met without the
<br />alley vacations but the additional parking spaces which will be
<br />provided will relieve residents of on -street parking problems.
<br />Mrs. Debbie Krol, 120 North Notre Dame, South Bend, Indiana, (Lot
<br />#3), addressed the Board and stated that it is her understanding
<br />that should the alleys be vacated, the property owners will
<br />acquire one-half (1/2) of the alley or approximately seven (7)
<br />feet of property. She and Mr. Krol advised that they have
<br />recently installed new cedar fencing and have had trouble in the
<br />past with vehicles backing into their property from existing
<br />parking spaces and they want to insure that individuals will not
<br />be backing into their new fence.
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