HomeMy WebLinkAboutStreet Vacation - 2234 Highland Ave.
ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
July 28, 2021
Ms. Kathleen Kershner
2234 Highland Ave.
South Bend, IN 46613
kkershner@saintjoehigh.com
RE: Alley/Street Vacation – 2234 Highland Ave. (Preliminary Review)
Dear Ms. Kershner:
At its July 27, 2021 meeting, the Board of Public Works reviewed comments by the
Engineering Division, Community Investment, Fire Department, Police Department. The Police
and Fire Department submitted favorable recommendations, but the following unfavorable
recommendations were submitted by the departments of Engineering and Community
Investment:
Per IC 36-7-3-13, 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 vacation would
make access to the lands of the aggrieved person by means of public way difficult or
inconvenient. 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.
However, the Board of Public Works submitted a favorable recommendation for the
vacation of this street, following further discussion with the City’s Department of Engineering,
as there are no plans to pursue further development in this area at this time. If you still wish to
pursue this street vacation, please bring this BPW Recommendation Packet to the City Clerk’s
Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a
presentation to the Common Council, approval of an ordinance, and certification of the ordinance
from the Mayor. The property then must be recorded with the Recorder’s Office to ensure that
your 50% ownership of the property is appropriately transferred to your name. If you have any
questions about how the street vacation will affect your property taxes, please contact the
Auditor’s Office.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Laura Hensley/Acting
Anne Fuchs, Clerk
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: July 13, 2021
TO: Matt Longfellow, Public Works
Chris Dressel, Community Investment
Gerard Ellis, Fire Department
Brad Rohrscheib, Police Department
FROM: Anne Fuchs, Clerk (afuchs@southbendin.gov)
SUBJECT: REQUEST FOR RECOMMENDATIONS – STREET VACATION
APPLICANT: Kathleen A. Kershner- Resident
LOCATION: 2234 Highland Ave.
_____________________________________________________________________________________________________________ PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED
ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA:
1. The vacation would/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/would not make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
3. The vacation would/would not hinder the public’s access to a church, school or other public building
or place.
4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which
it is located or to which it is contiguous.
PUBLIC WORKS: Unfavorable as it would clash with criteria #1. Engineering would not
recommend vacating any portion of this “paper street” right-of-way for reasons that we reserve the
right to extend the road one day and/or install public utilities like water and sewer through this right-of-
way.
COMMUNITY INVESTMENT: Unfavorable recommendation based upon following criteria
1. 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.
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 not hinder the public’s access to a church, school or other public
building or place.
4. 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 request as presented creates a street “stub” north of Ewing. Vacation of the entire segment of
Phillipa between Highland and Ewing could be considered more favorably.
FIRE: Favorable
POLICE: Favorable