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,Area Board of Zoning Appeals -September 2, 2009 <br />MR. LYONS: It was the north-south alley that was vacated. <br />MR. URBANSKI: That's the one he's referring to that the petitioner has 7' of? <br />MR. LYONS: Yes. <br />MR. URBANSKI: Okay the alley that was vacated was the north-south alley that runs off of Western Ave. <br />back to the east-west alley. <br />MR. GALVEZ: Right, correct. <br />MR. URBANSKI: So it's not the alley next to your property. Is that correct? <br />MRS. VERONICA GALVEZ: 706 S. Gladstone. Okay the alley that Mr. Galvez is the one that was vacated <br />next to our property on 2630 W. Western and he wants at least 7 feet for the parking lot when we made a <br />petition for it because it belonged to our property and he wants to take 7' ... <br />MR. URBANSKI: Mark usually, Mark would you explain it to them? <br />MR. LYONS: When an alley is vacated, that 14' wide alley is divided by the two adjacent properties. The <br />property to the east got 7' and the property to the west got 7'. The petitioner bought those two lots which <br />included half the alley that was vacated. The property that was west of the alley was given 7' of that alley <br />when it was vacated. <br />MRS. GALVEZ: It wasn't given to him. When he bought the property, the parking lot that he has now, he <br />bought it off them. The alley was their's already because it belonged to the property on 2630 W. Western. So <br />like we said we made a petition for it, the City gave it to them because the reason why because it has an upper <br />apartment that they rent. They have kids and stuff and that is the reason why they put a fence on it because of <br />all the traffic that goes through there. <br />MR. LYONS: The deeds provided the petition for what the petitioner bought does include 7' of that vacated <br />alley. It is deeded on the parcel that he bought so when it was vacated they did give half of that alley to each <br />property adjacent to it and the petitioner did buy those 7' . <br />REBUTTAL: <br />MR. LIPSKY: Just a little more clarification about the alley that was vacated. My client does have the deed <br />to it and he's been paying taxes and the fence was put up after my client had bought the property. <br />MR. MANUEL VILLEGAS: I live 4251 Foxfire Drive in South Bend. When I bought those two lots I <br />bought it from a gentleman here and his brother. And I bought the two lots that I wanted for the parking lot I <br />felt that I need those lots so I can have them for my customers on the weekend. But originally I didn't know <br />that he, when I bought it I actually bought the two lots and when they put the fence, I said that belongs to me, <br />from the fence to here, from the fence to the other building but then the City when they found out vacated that <br />35 <br />