09/22/1980 Board of Public Works Minutes

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REGULAR MEETING SEPTEMBER 22, 1980 problems which that property owner could encounter with the street vacated. Pastor Wright explained that there would be no need to block off the street at that point, and access could be left open for those properties. Mr. Gerschoffer expressed concern over the type of building being proposed, and he stated that the residents were not even aware of the specifics of the remodeling. Mr. McMahon stated that the building of the new facilities was not a matter to be considered by the Board. He advised Mr. Gerschoffer that the Board was only considering the proposed vacation of the street. Mr. McMahon asked if the new facility would encroach upon public right -of -way. Pastor Wright stated that, without the vacation of the street, the church would not be able to build and stay within the required setbacks. He explained that the building would be expanded to the east and west, in addition to northerly. Mr. McMahon asked if the present structure was in violation of any setback requirements and Pastor Wright stated that it was not. He informed the Board that the church had originally decided to ask for a rezoning in the area in order to allow the constuction of the facility, but that the Area Plan Commission had advised that this was a dangerous precedent to set in a residential neighbor- hood and the church had, therefore, uecided to proceed with vacating the street. Mr. Molnar expressed concern for the owner of the property to the north of the church. He asked why the new facility could not be constructed on the east side of the street. Pastor Wright explained that the setbacks on the east side would be the same as what the church was presently being faced with on the west side. Mr. Molnar stated that the owner of the property north of the church, Mr. Benko, would not have any access to and from his property if the street was vacated. Mr. Walsh stated that there has been a great deal of speculation concerning the issue, and he did not feel that should have any bearing. Pastor Wright advised the Board that, in addition to the need for parking, the present church structure was inadequate; thus, parking was not the only matter to be considered. Mrs. Bogunia stated that, during the winter months, Grant Street was easier to use than the other parallel streets because of the way it was sloped. She again stated that she was against the vacation of the street. Mr. McMahon felt the petition should be denied based on the fact that adequate property was available across the street for parking purposes. He stated that he could not envision a problem with the setbacks and the inability of the church to build on its present site. He suggested that the matter be presented to the Board of Zoning Appeals for consideration of a waiver of the setback require- ments. He stated that the public rights -of -way were dedicated for use by the public and, barring some major impediment to the church, they should remain so. He also stated that there would be an access problem for the owner of the property north of the church if the street was vacated. Regarding the sharp corners on Warren, Grant and Brookfield off Prairie, Mr. McMahon stated that he would have the Engineering Department review the northwest radius of those streets to determine if there is a need for widening. He asked that the church give consideration to the matter of parking right up to the stop sign as shown in the photographs submitted by Mr. Gerschoffer, and he stated that parking there was illegal and he asked that the parishoners refrain from doing so in the future. Mr. Walsh asked if the Board would be willing to consider the vacation of the street if the church was unsuccessful in obtaining a waiver of the setback requirements for construction through the Board of Zoning Appeals. Mr. McMahon assured Mr. Walsh that the Board would be willing to look again at the request if approval was not granted by the Zoning Board for construction of the church; however, he cautioned that he could not guarantee the matter would be approved. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the vacation of Grant Street was denied. Upon a motion made by Mr. McMahon, seconded by Mr. Kernan and carried, the Board filed the petitions against the vacation and the photographs and sketches submitted.