09/30/86 Board of Public Works Minutes

Home Browse Search

REGULAR MEETING SEPTEMBER 30, 1986 feel that when this church is built, the litter, noise and cruising problem will increase because of young people being attracted to an isolated parking lot. Mr. Stephens additionally informed the Board that Lot Nos. 84 and 91 are covered by Deed restrictions which Portage Realty devised and placed on these lots and used as an inducement to encourage improvement and purchase of real estate in this subdivision. He stated that the Deed restrictions indicate that the property can only be used for private single family dwellings. While Mr. Peddycord stated that Lot Nos. 84 and 91 will not be built upon, the building of a parking lot violates Deed restrictions. In conclusion, Mr. Stephens stated that the vacation of Chalet Court is not in the best interests of the residents of Southeast Estates. Ms. Barnard advised Mr. Stephens that the issue of Deed restrictions is not one the Board has authority to deal with but one that the residents will need to pursue and follow-thru on their own. As a point of clarification, Mr. Leszczynski advised everyone present that the role of Board of Public Works in this matter is to advise the Common Council whether or not the City needs to retain and maintain Chalet Court for any reason or to vacate the eighty (80) feet of right-of-way. The Board cannot base its decision on any other concern. Those concerns must be dealt with and decided by either the Common Council or the courts. The issue before the Board today is whether or not the City need retain, for any reason, the above referred to eighty (80) feet of right-of-way, known as Chalet Court. Mr. James L. Waldron, 1725 Provincial, South Bend, Indiana, advised the Board that he is opposed to the proposed vacation. He further advised that in the evenings, in the parking lot behind the Michiana College of Commerce at Jackson and York Roads, juveniles congregate to drink and create a nuisance to the neighborhood. Attempts have been made by the Police Department to remove the youths from the parking lot. For the safety of the children in the neighborhood, the residents do not want to have another parking lot in their neighborhood that juveniles might frequent. Mr. Larry Roller, 5563 Colonial, South Bend, Indiana, advised the Board that Portage Realty represented to him that the area would be for single family dwellings and they are no longer able to keep that representation as a result of allowing the church to build in the area. Mr. Leonard Moretti, 5530 Colonial, South Bend, Indiana, stated that there are Deed restrictions on the property. Also, the proposed action impedes the development of future lots and sets a precedent for unplatted lots in the area. He further stated that there are no assurances by Portage Realty that Georgian Drive will be completed. Councilman John Voorde was present and advised that he is the Chairman of the Common Council Zoning and Vacation Committee. He stated that that Committee will be reviewing this request on October 13, 1986, and welcomed any relevant information from any of the residents regarding this matter. There being no one else present wishing to speak either for or against the proposed vacation, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Public Hearing on this matter was closed. 1 n