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08/13/13 Board of Public Works Minutes
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08/13/13 Board of Public Works Minutes
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Board of Public Works
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Minutes
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8/13/2013
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REGULAR MEETING AUGUST 13, 2013 244 <br />APPROVE SIDEWALK CAFE PERMIT APPLICATION <br />Mr. Gilot indicated that the Board is in receipt of the following Sidewalk Cafe Permit <br />application: <br />APPLICANT: LaSalle Grill <br />BUSINESS ADDRESS: 115 West Colfax Avenue <br />DAYS /TIMES OF OPERATION: Mondays through Saturdays 10:00 a.m. to 5:00 <br />p.m.; Sundays -- TBD <br />Ms. Roos made a motion that the Sidewalk Cafe Permit Application be approved. Mr. Relos <br />seconded the motion which carried. <br />FAVORABLE RECOMMENDATION — PETITION TO VACATE TWO ALLEYS: THE <br />NORTH /SOUTH ALLEY BETWEEN GEORGlANA STREET AND BURNS STREET <br />SOUTH OF NAPOLEON BOULEVARD FROM THE EAST /WEST ALLEY NORTH TO THE <br />PREVIOUSLY VACATED ALLEY;- AND THE NORTH/SOUTH ALLEY BETWEEN <br />BURNS STREET AND DUEY AVENUE SOUTH OF NAPOLEON BOULEVARD FROM <br />THE EAST/WEST ALLEY NORTH TO THE PREVIOUSLY VACATED ALLEY <br />Mr. Gilot indicated that Danch Harper and Associates, Inc., 1643 Commerce Drive, South Bend, <br />Indiana 46628, on behalf of the University of Notre Dame, has submitted a request to vacate the <br />above referenced alleys for the purpose of constructing townhomes. Mr. Gilot advised the Board <br />is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan <br />Commission, Police Department, Fire Department, Solid Waste, Community Investment, and <br />Engineering. Area Plan stated the vacation would not hinder the growth or orderly development <br />of the unit or neighborhood in which they are located or to which they are contiguous. The <br />vacations would not make access to the lands of the aggrieved person by means of public way <br />difficult or inconvenient. The vacations would not hinder the public's access to a church, school <br />or other public building or place. The vacations would not hinder the use of a public right-of- <br />way by the neighborhood in which they are located or to which they are contiguous. Mr. Mike <br />Danch, Danch, Harper and Associates, was present and informed the Board that these are two (2) <br />alley stubs left in place when the PUD was developed. He stated they need to be vacated to <br />complete the development of the subdivision. Mr. Danch noted there are no utilities present that <br />will need to be dealt with. Therefore, Ms. Roos made a motion to recommend approval of the <br />request for both of the alley vacations. Mr. Mecham seconded the motion which carried. <br />FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST/WEST ALLEY <br />BETWEEN LINDSEY STREET AND LINCOLN WAY WEST FROM SHERMAN STREET <br />TO THE FIRST NORTH /SOUTH ALLEY <br />Mr. Gilot indicated that Clinton Gilkie, 514 Sherman Avenue, South Bend, Indiana 46628, 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 Police <br />Department, Fire Department, Solid Waste, Community Investment, and Engineering. Mr. Gilot <br />advised the Board is in receipt of unfavorable recommendations concerning this Vacation <br />Petition from the Area Plan Commission. Area Plan stated the vacation would hinder the growth <br />or orderly development of the unit or neighborhood in which it is located or to which it is <br />contiguous. The adjacent properties along Lincoln Way West are zoned Mixed Use District. <br />While the lots are currently vacant, any future development of the lot would require parking <br />behind the building. This parking would most likely need to be accessed from the alley. The <br />vacation would make access to the lands of the aggrieved person by means of public way <br />difficult or inconvenient. Until the vacant lots are developed, it would be premature to vacate the <br />public access to the rear of the lots that face Lincoln Way West. The vacation would not hinder <br />the public's access to a church, school or other public building or place. The vacation would <br />hinder the use of a public right -of -way by the neighborhood in which it is located or to which it <br />is contiguous. The vacation would limit access and use for the properties located on Lincoln Way <br />West. Ms. Catherine Hostetler, Historical Society, stated the Gilkie's home is a designated <br />historical landmark and the only structure on the vacation request property section. Ms. Greene <br />noted that any potential future development of the lots will be problematic due to the properties <br />being land- locked, with no access. Mr. Clinton Gilkie was present and explained that their desire <br />to vacate the alley is for safety concerns. He noted currently the area is being used as a dump <br />site. Ms. Roos explained that although currently there are no other structures in the location, with <br />multiple lots and multiple owners, the potential for future development will be a problem with no <br />access for the middle lot. The Board recommended approval of the vacation only if a cross - <br />access agreement was signed by all affected property owners allowing access by the middle <br />
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