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105 <br />REGULAR MEETING APRIL 14, 1987 <br />Mr. Kenneth P. Fedder, Attorney at Law, 205 West Jefferson <br />Boulevard, Room 300, South Bend, Indiana, was present on behalf <br />of the Petitioners and 2002 Partnership and addressed the Board. <br />Also present were the Petitioners Dr. Nevel and Dr. Proudfit. <br />Mr. Fedder stated that the purpose of the alley vacation is to <br />permit an expansion of the existing optometrist medical facility <br />presently located at 2002 Mishawaka Avenue, across the portion of <br />the vacated alley onto Lots Numbered 4, 5, and 6 facing 20th <br />Street. All said property has been recently purchased by 2002 <br />Properties, an Indiana Partnership. <br />Mr. Fedder further stated that it is the belief of the <br />Petitioners that this vacation is of definite benefit to the <br />public at large. <br />Additionally, Mr. Fedder informed the Board that the Petitioner <br />is aware that the dedication of additional right-of-way will be <br />required for a safe turning radius and they are prepared to meet <br />that requirement. <br />Further, Mr. Fedder advised that discussions have been had with <br />the property owner to the east of the building at 2002 Mishawaka <br />Avenue and that property owner has indicated a desire to join the <br />Petition in that he has been trying to have the alley vacated for <br />some time. Mr. Fedder assured that property owner that he would <br />have ingress and egress to his property at any time. <br />Therefore, Mr. Fedder requested that the board forward a <br />favorable recommendation to the Common Council regarding this <br />Petition to vacate. <br />Mr. Napoli, representing the South Bend Public Library, an <br />abutting property owner, was present and advised that the library <br />on Mishawaka Avenue currently has two (2) parking spaces which he <br />believes would be affected by the vacation of the above referred <br />to alley. Mr. Napoli inquired if the vehicles parking in those <br />spaces would have adequate space to back -out should the alley be <br />vacated. Mr. Fedder advised Mr. Napoli that the alley in <br />question is a twelve foot (12') alley of which six feet (6') <br />would become the property of the library and therefore there <br />would be adequate space. <br />Mr. Napoli supplied a diagram to the Board in order to indicate <br />his point regarding the two (2) parking spaces. Mr. Fedder <br />joined the discussion and it was determined that no problem would <br />exist. Therefore, Mr. Napoli stated that he did not have a <br />problem with the vacation. <br />There being no one else present wishing to speak either for or <br />against the proposed alley vacation, and no written objections <br />having been filed with the Board, upon a motion made by Mr. <br />Leszczynski, seconded by Mrs. DeClercq and carried, the Public <br />Hearing on this matter was closed. <br />Mr. Leszczynski advised that favorable comments have been <br />received from the Engineering Department, Area Plan Commission <br />and the Community Development Department concerning this proposed <br />alley vacation and the vacation was favorably recommended subject <br />to the dedication of additional right-of-way in order that <br />traffic can turn at the "L" shaped alley intersection created by <br />this vacation. <br />Therefore, upon a motion made by Mr. Vance, 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 alley vacation subject to the dedication of additional <br />right-of-way and any and all utility easements.. <br />