08/13/13 Board of Public Works Minutes

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REGULAR MEETING AUGUST 13, 2013 244 APPROVE SIDEWALK CAFE PERMIT APPLICATION Mr. Gilot indicated that the Board is in receipt of the following Sidewalk Cafe Permit application: APPLICANT: LaSalle Grill BUSINESS ADDRESS: 115 West Colfax Avenue DAYS /TIMES OF OPERATION: Mondays through Saturdays 10:00 a.m. to 5:00 p.m.; Sundays -- TBD Ms. Roos made a motion that the Sidewalk Cafe Permit Application be approved. Mr. Relos seconded the motion which carried. FAVORABLE RECOMMENDATION — PETITION TO VACATE TWO ALLEYS: THE NORTH /SOUTH ALLEY BETWEEN GEORGlANA STREET AND BURNS STREET SOUTH OF NAPOLEON BOULEVARD FROM THE EAST /WEST ALLEY NORTH TO THE PREVIOUSLY VACATED ALLEY;- AND THE NORTH/SOUTH ALLEY BETWEEN BURNS STREET AND DUEY AVENUE SOUTH OF NAPOLEON BOULEVARD FROM THE EAST/WEST ALLEY NORTH TO THE PREVIOUSLY VACATED ALLEY Mr. Gilot indicated that Danch Harper and Associates, Inc., 1643 Commerce Drive, South Bend, Indiana 46628, on behalf of the University of Notre Dame, has submitted a request to vacate the above referenced alleys for the purpose of constructing townhomes. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community Investment, and Engineering. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which they are located or to which they are contiguous. The vacations would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacations would not hinder the public's access to a church, school or other public building or place. The vacations would not hinder the use of a public right-of- way by the neighborhood in which they are located or to which they are contiguous. Mr. Mike Danch, Danch, Harper and Associates, was present and informed the Board that these are two (2) alley stubs left in place when the PUD was developed. He stated they need to be vacated to complete the development of the subdivision. Mr. Danch noted there are no utilities present that will need to be dealt with. Therefore, Ms. Roos made a motion to recommend approval of the request for both of the alley vacations. Mr. Mecham seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST/WEST ALLEY BETWEEN LINDSEY STREET AND LINCOLN WAY WEST FROM SHERMAN STREET TO THE FIRST NORTH /SOUTH ALLEY Mr. Gilot indicated that Clinton Gilkie, 514 Sherman Avenue, South Bend, Indiana 46628, has submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Police Department, Fire Department, Solid Waste, Community Investment, and Engineering. Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from the Area Plan Commission. Area Plan stated the vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The adjacent properties along Lincoln Way West are zoned Mixed Use District. While the lots are currently vacant, any future development of the lot would require parking behind the building. This parking would most likely need to be accessed from the alley. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. Until the vacant lots are developed, it would be premature to vacate the public access to the rear of the lots that face Lincoln Way West. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. The vacation would limit access and use for the properties located on Lincoln Way West. Ms. Catherine Hostetler, Historical Society, stated the Gilkie's home is a designated historical landmark and the only structure on the vacation request property section. Ms. Greene noted that any potential future development of the lots will be problematic due to the properties being land- locked, with no access. Mr. Clinton Gilkie was present and explained that their desire to vacate the alley is for safety concerns. He noted currently the area is being used as a dump site. Ms. Roos explained that although currently there are no other structures in the location, with multiple lots and multiple owners, the potential for future development will be a problem with no access for the middle lot. The Board recommended approval of the vacation only if a cross - access agreement was signed by all affected property owners allowing access by the middle