08/27/84 Board of Public Works Minutes

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3 0 REGULAR MEETING AUGUST 27 1984 CONTINUATION OF PUBLIC HEARING AND RECOMMENDATION - ALLEY VACATION: 1ST N/E ALLEY SOUTH OF BRONSON CT., AND NORTH OF LOT 5 OF GEORGE L. FRANTZ'S ADDITION RUNNING FROM L.W.E. FOR 165' TO THE 1ST N/W ALLEY WHICH PARALLELS L.W.E. Mr. Leszczynski advised that this public hearing is a continuation of the public hearing held on August 20, 1984, regarding the above referred to proposed alley vacation. The public hearing was con- tinued until this date in order to give Board members an opportunity to conduct a site inspection of the proposed alley to be vacated. Mr. William McCarthy, 757 Lincolnway East, South Bend, Indiana, Petitioner and owner of Aardvark Construction, Inc., and his attorney Mr. Anthony Zappia, 52582 U.S. 31 North, South Bend, Indiana, were present and addressed the Board. Mr. Zappia presented to the Board photographs of the two block area encompassing the proposed alley vacation. He advised that the only eyesore in the area is the house owned by McCarthy which he is in the process of remodeling and it is his intention to beautify the alley portion as well as the house. He stated that also from a safety standpoint the alley should be vacated. Mr. Zappia and Mr. McCarthy advised that in questioning the construction. workers that are working on Mr. McCarthy's property at 757 Lincolnway East, they were informed that the alley is seldom used by residents. Mr. Zappia stated that in the winter the steepness of the alley makes it almost impossible for use and it is his opinion that the alley does not serve any useful purpose and he would therefore ask for a favorable recommendation on the vacation of this alley. There being no one else present wishing to speak either for or against the above referred to proposed alley vacation, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the public hearing on this matter was closed. Mr. Vance indicated that Board members did make a site inspection of the proposed alley and did walk the alley and talk to residents of the area. He stated that the general concern.of the residents is parking. Because of a problem with the parking situation on Bronson Street, the alley in question, at least for one individual, seems to be the only other access to a backyard parking place. He also stated that the comment about the steepness of this alley and potential problems in the winter is true. The alley is used not only by one of the residents for access to parking in the rear, but there is a house located in the lower end of the alley and a garage that is utilized. Additionally, trash trucks use the alley for trash pick-up. Mr. Hill advised that from the walk of the alley conducted by the Board and the comments heard from the residents; the neighbors are opposed to the alley vacation. He stated that on many occasions concerns can be resolved to the satisfaction of all parties involved. However, in this instance, residents have commented that they need access by way of this alley to get to their garages or parking behind their houses. Mr. Hill further stated that the Board must be sensitive to the concerns of the neighbors and at this point he is disinclined to recommend this alley vacation favorably. He further stated that he applauds the efforts of Mr. McCarthy in rehabilitating the property but based on the concerns of the neighbors and the inconvenience that will result, the Board does not want to create an intolerable situation for them. Mr. McCarthy stated that vacation of the alley would not deny access to the residents and that he feels there is no rational reason for the alley to remain as is. Mr. Leszczynski stated that trash trucks utilize the alley from Lincolnway West to the river. Mr. Hill advised that closing the proposed alley would cause problems for the trash trucks also as the space is tight because of the location of a utility pole.