09/30/86 Board of Public Works Minutes

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901 REGULAR MEETING SEPTEMBER 30, 1986 from the existing residential street. Further, there is no need for the existence of Chalet Court as a public street as Portage Realty will not be developing that particular area. If vacated, the existing eighty (80) feet of Chalet Court will be utilized by the church as an access driveway to the church. Reiterating, Mr. Peddycord stated that Chalet Court is not needed by anyone else in the subdivision, there are no adjacent lots except those owned by Portage Realty and Georgian Drive will be improved and be utilized as a second access to the location. Additionally, Mr. Peddycord presented to the Board a plat diagram of the area in question as well as photographs of the proposed street to be vacated. Further, Mr. Peddycord submitted to Board Attorney Thomas Bodnar a copy of the case entitled Church of Christ vs. Metropolitan Board of Zoning. He stated that churches cannot be evicted from a residential area and to do so would be a violation of not only the First and Fourteenth Amendments of the Constitution but also Article 1 of the Indiana Constitution. Mr. Peddycord then read pertinent excerpts from the above cited case and stated that the City may not deny the vacation as a pretext to denying the church use of land in the neighborhood. He further advised that there are no remonstrance remedies available in regards to this matter. Mr. Robert B. Stephens, 5566 Colonial, South Bend, Indiana, was present and advised the Board that his property is located on Lot No. 40 of Portage Realty's Southeast Estates. He stated that he is in opposition to this vacation as there are no direct access streets to this location. He stated that the statement that Georgian Drive will be improved and completed in the near future is farfetched in that Portage Realty had a pre -plat expire in 1982 and it does not seem likely that Georgian Drive will be constructed in the near future. There not being another access point to the property in question requires that vehicles drive through a residential neighborhood to get to the proposed location of the church. He informed the Board that that is one (1) of the objections of the residents of the area. At this point, Mr. Stephens submitted to the Board a Petition signed by over one -hundred (100) residents of the area. The Petition stated that the individuals who signed the Petition are property owners and residents of Southeast Estates and wish to convey their strong objection to the vacation of Chalet Court. It further stated that this vacation will allow the adjacent land to be used for a Jehovah's Witnesses Kingdom Hall which will violate Deed restrictions attached to that land and recorded with the St. Joseph County Recorder. Further, it is the sincere belief of the residents that this will cause a general decline in the value of the real estate in Southeast Estates. They stated that they are also concerned about heavy traffic immediately before and after church functions. They feel that cruising, parking and littering will increase as young people are attracted to the secluded church parking lot. Mr. Stephens stated that the residents object to the anticipated heavy traffic that will result on Thursday evenings and Sunday mornings in conjunction with services conducted at the Kingdom Hall. He informed the Board that the church plans a thirty-two (32) space parking lot for a church with an anticipated membership of one -hundred -fifty (150) and to not have an adequate parking plan will cause parking on the twenty-five (25) foot residential street and make it difficult for other vehicles to get through. Mr. Stephens further stated that there have been problems with people who do not live in the neighborhood, parking on Cotswold Lane and in the cul-de-sac, causing litter, noise and general cruising through the neighborhood. He stated that the residents