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REGULAR MEETING APRIL 24, 2018 130 <br />Fiddler's <br />Sidewalk Cafe <br />Monday to Thursday, <br />127 N. Main St. <br />Maradik/Dorau <br />Hearth <br />11:00 a.m. to 11:00 <br />Subject to <br />p.m.; Friday to <br />5'ADA access <br />Saturday, 11:00 a.m. <br />on sidewalk <br />to 12:00 a.m.; Sunday, <br />and revised <br />11:00 a.m. to 9:00 <br />drawing of <br />p•m• <br />layout <br />submitted <br />Tapastrie, LLC <br />Sidewalk Caf6 <br />Monday to Saturday; <br />103 W. Colfax <br />Maradik/Dorau <br />4:30 p.m. to 11:00 <br />Ave. <br />p.m. <br />APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — CITY OF SOUTH <br />BEND VENUES, PARKS, AND ARTS — MISHAWAKA AVENUE 31sT STREET AND <br />ESTHER STREET <br />Mr. Gilot stated a Revocable Permit has been received from the Venues, Parks, and Arts <br />Department for the purpose of allowing the installation of seventeen (17) banners on existing <br />poles with banner arms at Mishawaka Avenue, 3 1 " Street, and, Esther Street for the Best Week <br />Ever event. The encroachment shall remain in the right of way until such time that the Board of <br />Public Works of the City of South Bend shall determine that such encroachment is in any way <br />impairing or interfering with the highway or with the free and same flow of traffic. Upon a <br />motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the Revocable Permit was <br />approved. Mr. Gilot questioned whether the Board needs to review these, suggesting it could be <br />an internal review group that approves the design and installation. <br />UN -FAVORABLE RECOMMENDATION - PETITION TO VACATE THE FIRST <br />EAST/WEST ALLEY SOUTH OF SAMPLE STREET FROM EAST RIGHT-OF-WAY OF <br />SOUTH MAIN STREET TO NORTH/SOUTH ALLEY BETWEEN SOUTH MICHIGAN <br />STREET AND SOUTH MAIN STREET <br />Mr. Gilot indicated that Jim Linder, 1336 E. Wayne St. North, South Bend, IN 46615, has <br />submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in <br />receipt of favorable recommendations concerning this Vacation Petition from the Area Plan <br />Commission, Fire Department and Solid Waste. Mr. Gilot advised the Board is in receipt of <br />unfavorable recommendations concerning this Vacation Petition from Community Investment <br />and Engineering stating the vacation does not meet IC 36-7-3-13 criteria. Both departments state <br />the vacation would hinder the growth or orderly development of the unit or neighborhood in <br />which it is located or to which it is contiguous and the vacation would make access to the lands <br />of the aggrieved person by means of public way difficult or inconvenient. Therefore, Ms. <br />Maradik made a motion recommending unfavorable of the request for vacation. Ms. Dorau <br />seconded the motion which carried. <br />FAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY FROM WEST <br />OR SOUTH RIGHT-OF-WAY OF MADISON STREET TO NORTHWEST/SOUTHEAST <br />ALLEY BETWEEN NORTH TAYLOR STREET AND NORTH WILLIAM STREET <br />Mr. Gilot indicated that Joseph Weatherly, 420 W. Madison Street, South Bend, IN 46601, has <br />submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in <br />receipt of favorable recommendations concerning this Vacation Petition from the Area Plan <br />Commission, Fire Department, Solid Waste, Community Investment and Engineering. Area Plan <br />stated the vacation would not hinder the growth or orderly development of the unit or <br />neighborhood in which it is located or to which it is contiguous. The vacation would not make <br />access to the lands of the aggrieved person by means of public way difficult or inconvenient. <br />The vacation would not hinder the public's access to a church, school or other public building or <br />place. The vacation would not hinder the use of a public right-of-way by the neighborhood in <br />which it is located or to which it is contiguous. Therefore, Ms. Maradik made a motion to give a <br />favorable recommendation for the request for vacation. Ms. Dorau seconded the motion which <br />carried. <br />FAVORABLE RECOMMENDATION - PETITION TO VACATE THE FIRST <br />NORTH/SOUTH ALLEY WEST OF CARROLL STREET EAST OF MICHIGAN STREET <br />SOUTH OF BRONSON STREET NORTH OF PENN CENTRAL RAILROAD <br />Mr. Gilot indicated that JPTC Real Estate, PO Box 6004, South Bend, IN 46624, has submitted a <br />request to vacate the above referenced alley. Mr. Gilot advised the Board is in receipt of <br />