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Home My WebLink AboutEncroachment & Revocable Permit - 1027 De Maude Ave.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Ms. Jill Sanders -Harris 1027 De Maude Ave. South Bend, IN 46616 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 11, 2023 RE: Encroachment into Public Right -of -Way — 1027 De Maude Ave. Dear Ms. Sanders -Harris: At its April 11, 2023 meeting, the Board of Public Works denied the encroachment as the fence shall prejudice and/or preclude the City's rights with respect to future use of the portion of the right-of-way. Please contact South Bend's Building and Zoning teams to discuss the new placement of your fence prior to the new installation. Based on discussion that occurred at the March 9, 2023 Board of Public Work Agenda Review Meeting, there are applicable code requirements that will need to be met so the fence is in compliance. If you have any further questions, please call. Building Department at (574) 235-9554 (125 S Lafayette Blvd # 100, South Bend, IN)% Zoning Department at (574) 235-9451 (14th. Floor of County -City Building). Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER � �Spi3TH B.�O W rLncu 'a 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: March 10, 2023 TO: Matt Longfellow, Engineering Department Zach Hurst, Engineering Department Gerard Ellis, Fire Department Chris Dressel, Community Investment FROM: Theresa Heffner, Clerk theffner _south bend in. com SUBJECT: ENCROACHMENT RECOMMENDATION Revocable Encroachment — Jill Sanders -Harris LOCATION: 1027 De Maude Ave. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING CRITERIA: It has been determined that this encroachment in no way impairs the highway or with the free and safe flow of traffic thereon, and it is recommended that the encroachment be permitted to remain. 2. Said encroachment shall not in anyway prejudice or preclude the City's rights with respect to the future use of the portion of the right-of-way. PUBLIC WORKS: (Recommendation provided after consulting with Streets Department — Coby Deal) Unfavorable — the City of South Bend does not grant encroachments for residential fences in the public right of way, as the fencing off of public right of way precludes the public from any future access to the right of way, violating criteria #2 above. COMMUNITY INVESTMENT: Unfavorable. The proposed encroachment is not consistent with the Zoning Ordinance and would set a negative precedent for residential fences throughout the City, as well as inhibit any future improvements in the right-of-way. FIRE: Favorable ry ENCROACHMENT APPLICATION City of South Bend - Board of Public Works •'e 227 W . Jefferson Boulevard, Ste. 1316 " South Bend, IN 46601 PROPERTY OWNER INFORMATION: Name of Business/Homeowner: i Li l SX�Cdk,� rr 1 Address: L!0_1 _ D k0_k6E PRIL City/State/Zip: f^ -r fU) 1 _V Phone:',--)- 7_� - 9CA(= 331}44 Email: ENCROACHMENT INFORMATION: Location of Encroachment: S? Qnd �_ACk X3Tpcln 7N Q, Ne, Encroachment Description: P_nC__ C),X-\d 37FE'9 CL Road to R/W Line: JU:L _Size of Encroachment: ^ 5hj�d Distance of R/W: LOO -JPC-,�A' Amount in R/W: a f6 t INSTALLER'S Business Name: Address: "U City/State/Zip Phone:'.� ■Y Signature: _ ]4 Printed Name: I INCLUDE THE FOLLOWING ITEMS WITH YOUR APPLICATION: ❑ Photos of the area where encroachment will take place. ❑ Plans and Specifications ❑ Completed Agreement AFFIRMATION I, the undersigned do hereby certify and affirm that all the information given in this application is accurate and correct. I understand that encroachments must in no way impair the highway or free and safe flow of traffic thereon and may be revoked at any time. Signature of Applicant: Date: J Printed Name of Applicant: J) a��d 0�\ so V� (--) � -�� 0---� ' i W r e o REVOCABLE PERMIT RECOGNITION OF ENCROACHMENT UPON CITY OF SOUTH BEND -CONTROLLED PROPERTY AND PROVISIONS ALLOWING TEMPORARY CONTINUANCE OF SAME 'iHrsl Company/Homeowner Name _ lam[ �5` Han- t' hereafter, the "APPLICANT." The encroachment will be permitted to remain and continue under the following terms and conditions: Until such time as the BOARD OF PUBLIC WORKS ("BOARD") of the CITY OF SOUTH BEND ("CITY") shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and safe flow of traffic thereon; 2) Said encroachment shall not in any way prejudice or preclude the CITY'S rights with respect to the future use of the portion of the right-of-way; 3) The encroachment as it now exists shall in no manner be added to or enlarged in its present scope or dimensions; 4) In the event of change of ownership of the fixture or any other item of personal property which constitutes the aforesaid encroachment, this permit shall become null and void; 5) The CITY shall not be liable to APPLICANT for any damages caused to APPLICANT that arise out of or is incidental to any activity and/or incidences authorized by this permit; 6) In consideration of the granting of this Permit by the BOARD, APPLICANT shall indemnify, hold harmless and defend the CITY from and against any and all actions or causes of action which the CITY may suffer or incur by reason of bodily injury, including death, to any person or persons, or by reason of damage to or destruction of any property, including the loss thereof, arising out of or in any manner connected with any activity and/or incidences authorized by this permit and/or any activities and/or incidences incidental thereto, or which the CITY may sustain or incur in connection with any litigation, investigation, or other expenditures incidental thereto, including any suit instituted by the CITY to enforce the obligation of this agreement of indemnity. It is the intent of the parties hereto that the APPLICANT shall indemnify the CITY under this indemnification clause to the fullest extent permitted by law, except that APPLICANT shall not indemnify CITY for any damage or expense caused by the sole negligence of the CITY. This approval shall be binding upon everyone past or present, claiming any interest in and to the aforementioned encroachment. ACCEPTANCE OF TERMS AND CONDITIONS I accept and agree to be bound by all of the terms and conditions of this permit. President Member Member Submitted By: �, 11 � 3C�ji 0,r r I Signature: G V b Date: BOARD OF PUBLIC WORKS APPROVAL Member Member Attest Inside out construction Peter Senf 1106 western ave South Bend In. 46601 574 341 2045 petesenf64@gmail.com Estimate 5/10/20 Estimate for Kisha Audre _Grand on_,ao1.cgW 574 904 8844 Project 79' privacy fence 30' white picket fence. Description Qty Unit price Total Install 79' privacy fence. Install 30' white picket fence. Total labor for fence only. $5.00 If. @ 79' $395.00 $5.00 If. @ 30' $150.00 $645.00 Estimate is for labor only all materials will be supplied by customer. Including 2" & 2 W galvanized ringneck 21* 30* or 34* degree 1000 ct. & 600 ct nails. 50% down required at time of acceptance with balance due at completion Thank you. Peter Serif Tony Augello Inside out construction .1p FJ 7 1p