08/11/75 Board of Public Works Minutes

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REGULAR MEETING AUGUST 11, 1975 REQUEST FOR HOUSE MOVE - 19582 E. IRELAND TO 4625 S. FELLOWS Forrest R. West, Building Commissioner, submitted to the Board a request from Lewis Mitschelen to move a house from 19582 E. Ireland Road to 4625 S. Fellow Street. The house is owned by the Locker Realty Company. Mr. West's report advised the Board that the adjacent property owners have been notified of the proposed move and that the Mitschelen Company has a House Movers Bond on file in the Building Department. Mr. Anton Miller,.4637 Fellows Street, was present and said he was protesting the moving of this house into the area because it would add to an already existing drainage problem in the area. Mr. Miller displayed pictures of the houses in the area to the Board, along with a picture of the house it is proposed would be moved into the area. Mr. Miller said he already has a problem with drainage on his property and moving this house into that location would aggravate the problem. Mr. Miller then questioned the procedure used to notify owners and indicated that the letter he received was addressed to 1646 Lincolnway East, Mishawaka. Mr. West was present and said that the usual procedures were followed in notifying the property owners. He said the notices were hand delivered and when that was not possible, notices were left at the address of the property owner. He noted that the address listed for Mr. Miller on the list the Building Department received was the Mishawaka address. Mr. West then said that all necessary procedures had been followed and the mover does have a bond on file. Mr. Al Nagy, 4626 Fellows Street, was present and "he noted that this house has been rented for the past several years and he said he did not want rental property across the street from him. He said the style of this,home went out 25 or 30 years ago. He said the home would not fit in the neighborhood. Mr. Nagy said he objected ''to the home being moved in. Mr. Seitz asked Deputy City Attorney Kathleen Cekanski what the legal recourse is in a matter such as this. Miss Cekanski said she would have to research the matter and she recommended that the Board take the matter under advisement. Mr. Doug Carpenter then spoke to the Board. Mr. Carpenter said he is an employee of Mr. Locker. Mr. Carpenter said the property has 1216 square feet on the first floor, with dimensions of 32 x 38. It has a second floor, making a total of 1700 square feet. The development of the plot plan was done by Kent Kaser, Professional Engineer. Mr. Carpenter said the property's front elevation is 94.88 feet and elevations of other properties are higher than that. He said the location'of the house on the lot will exceed the City requirement which is 25 feet from the center line. There will be a 12 foot side yard. Mr. Carpenter said everything involved in the move meets the restrictions as set forth in the covenant and in the City Code. As to a probable drainage problem, Mr. Carpenter said the house will be hooked up to the public sewer and there will be no septic tanks. Mr. Carpenter said the restrictive covenant only requires that a house in the area be valued at $17,000. Mr. Carpenter then said that since the house meets all the requirements and all proper steps have been followed regarding a house move, he would ask the Board to approve the move. Mr. Hugh Anderson, 4535 S. Fellows Street, said all the other houses in the area are worth far over the $17,000 value. He said he would not pay $5000 for this particular house. He said the house will not fit in the neighborhood because all the houses in the area are one story and this is a two-story house. Mr. Miller asked Mr. Carpenter if he had appraised this house. Mr. Carpenter said he is not an appraiser. Mr. Farrand then said, if the restrictive covenant says a house must be valued at $17,000 for that particular area, there is not much that can be done, from a legal standpoint, if this house is of that value. Upon motion made, seconded and carried, the matter was taken under advisement and referred to the Legal Department for review and recommendation.