Vacation - Alley - First N/S alley N of SR23 from e line of Burns to W right-of-way of the first n/s alley E of Burns

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. Area Plan Commission of St. Joseph County . 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byomi Executive Director Assistant Director Phone 574 235-9571 Fax 574 235-9813 April 16, 2002 The Board of Public Works 13`~ Floor, County-City Building South Bend, Indiana 46601 }ZE: The first east/west alley north of State Road 23 from the east right-of--way line of North Burns Street to the west right-of--way line of the first north south alley east of North Bums Street for a distance of approximately 118 feet and a width of approximately 10 feet. Part situated in Hartman and Miller's Plat in the City of South Bend, Indiana. Dear Board Members: The staff has reviewed this petition relative to IC 36-7-3-13. It is the staff s opinion that: (1) The vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. (2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. (3) The vacation would nor hinder the public's access to a church, school, or other public building or place. (4) The vacation would not hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous. The Staff recommends denial of this alley vacation. Allowing this alley to be vacated will make access to lot 94 (having tax-key # 18-5099-3511) difficult. When developed, this residentially zoned lot should take access from the proposed vacated alley rather than directly off South Bend Avenue. By allowing access from the rear of lots along high traffic roads, the aesthetics, functionality and safety of such residential areas can be achieved and maintained. However, if the alley is vacated it should be done so subject to creating any needed utility easements and a cross access easement for all adjacent pazcels. The Staff would also like to point out that the 1995 letter from the Board of Public Works to the Common Council appeazs to incorrectly indicate the Area Plan Commission recommended approval of the vacation. The original letter from the Area Plan Commission on this vacation recommends denial. The staff defers to the original letter for its reasoning in that recommendation. Also, the supplied list of surrounding property owners is inaccurate. The lot numbers and tax-key numbers for several parcels aze mixed up, and the owners of the aforementioned lot 94 do not appeaz on the list despite being immediately adjacent to the proposed vacation. Sincerely, ~~~' ~d ~ ~0 ~'j~ Jeffrey O. Myers /~/ Planner Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana