06/17/86 Board of Public Works Minutes

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9 REGULAR MEETING JUNE 17. 1986 the addition being built.- He clarified that no more than 40% of a lot can be covered by a structure. It was discovered that currently the structure covers 43% of the lot but by moving the property line they will be in compliance with the 40% requirement. Mr. Leszczynski clarified for the residents present that the street itself will not change but the amount of public right-of-way will be reduced and the property owner will be given more property and will be taxed accordingly. Ms. Micskey stated that therefore she is against the proposed vacation. Mr. George Miller, Order of St. Matthew, 723 Howard Street, South Bend, Indiana, advised that Ms. Micskey has a fence around her property that is located on the public right-of-way. In the past no one knew that 8.25 feet was public right-of-way and a number of residents have put up fences almost up to the sidewalk including the Park Department at the corner of Howard and St. Peter. Mr. Leszczynski advised Mr. Miller that the Park Department has the right to erect the fence on the right-of-way. Mrs. Luciolle Nicholson, 934 North St. Peter Street, South Bend, Indiana, a resident who signed the Vacation Petition, addressed the Board and stated that she does not understand this matter at this time. She stated that she moved into her house in 1964 and doesn't understand why property owners are just now finding out about the amount of right-of-way. Mr. Leszczynski explained that the amount of the right-of-way has never been kept from property owners. He further clarified for Mrs. Nicholson that should the proposed vacation be approved, the property owners would have additional property. Ms. Barnard stated that the amount of property that was public right-of-way has always been a matter of public record. Mr. Hoover additionally clarified the matter for Mrs. Nicholson by explaining that it is proposed that the right-of-way be reduced from 82.5 feet to 66 feet. Mrs. Nicholson pointed out that the 800 block of St. Peter Street is narrower that block on which she lives. Ms. Barnard pointed out that should this proposed vacation be approved, property owners would own more property and except for the church, would have an increase in their taxes. Mr. Vance stated that the increase in tax would depend on the value the additional property has to the lot. In response to a question from the news media, Mr. Hoover advised that the addition to the property owned by the order of St. Matthew's is 39'x32' and further advised that the purpose of the addition is for a chapel. Ms. Barnard stated that the Board of Zoning Appeals, at their June meeting, will address the issue of parking for the church. Mr. Bodnar stated that the church is located in an "A" residential area and Mr. Leszczynski stated that the zoning would not change. Ms. Barnard clarified that the church is considered a non -conforming use as the house was previously occupied as a two (2) family dwelling. Therefore, the zoning issue has already been resolved. It was noted that the Board is in receipt of a letter from Mr. Earl M. Zerbe, 1019 St. Peter Street, South Bend, Indiana, a resident who signed the Vacation Petition, stating that he is in favor of the vacation. Additionally, the Board is in receipt of a letter from Mr. Brian Miller, 1115 North St. Peter Street, South Bend, Indiana, asking that his name be removed from the Petition which he signed as he is now against the vacation of the property. Further, Mr. Peter Shaw, 1013 North St. Peter Street, South Bend, Indiana, who could not be present at the meeting today, phoned -in his objections to the vacation stating that the reason St. Matthews requested the vacation is to bring them into compliance with the code. He further stated that St. Matthew's was not truthful to the residents when they circulated the Petition.