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Home My WebLink About05-24-Alley Street Vacation 914 E. Jefferson BlvdSouth Bend Common Council 4th Floor County City Building 227 W. Jefferson South Bend, IN 46601 January 3, 2024 Dear Honorable Council, Filed in Clerk's Office EAN -03-'ZGZ4 CITY CI_EI�h, SOUTH SEND Please accept this Ordinance to vacate the paper alley adjacent to my property. We have resided at 914 E. Jefferson for a little over 3 years. In that time, the alley south of our property has been overgrown grass that has never been used for access. The alley approach on Notre Dame Avenue is used as a private driveway of sorts for my neighbor, providing access to what used to be a parking lot when it was a business. The alley to the east has already been vacated. Our block is quite short, just over 400', far below the requirement for a mid -block connection. The only purpose the alley serves is access for the utility companies for the electric/phone/cable lines in the alley. The propose ordinance preserves those rights via a utility easement. We are seeking this approval at this time because we would like to construct a small ancillary dwelling unit for our aging parents. By vacating the alley, we will be able to set the small accessory home (800 sq.ft.) at the current property line and use the vacated alley as a means of meeting our setback. With the utility easement in place, no construction will occur in the vacated alley. We investigated a development variance from the BZA, but where told by the Staff that the appropriate action was the vacate the alley. Historical aerials show that this alley has never been used. Recent changes in development (conversions from businesses to homes on this block) make access from that alley unlikely. The home at the corner of Notre Dame and Jefferson already has direct access to Notre Dame. The only other property abutting the alley, as well as our own, has access from the heavily used north -south alley. We respectfully request approval to vacate this alley. While we prefer not to remove the approach on Notre Dame because of the frequency in which the utility companies use that access point, we understand it is a current City policy to remove the approach when the alley is vacated. Thank you for your consideration. Si erely, Angela M. Smith 1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Ms. Angela Smith 914 E. Jefferson Blvd. South Bend, IN 46617 asm i th f@.danc hh am er.com PHONE 574/235-9251 FAX 574/235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS December 19, 2023 RE: Alley/Street Vacation — 914 E. Jefferson Blvd. (Preliminary Review) Dear Ms. Smith: Filed in Clerk's Office ,IAN 01"1024 CITY CLERK, SOUTH BEND, IN At its December 19, 2023 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13, 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. The vacation would not 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 not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this alley vacation contingent upon the removal of the approach. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 41i 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 must then 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 alley vacation will affect your property taxes, please contact the Auditor's Office. In its Ordinance, the City of South Bend Common Council included the Board of Public Works' requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications. These updates should be made within ninety (90) days of final approval from the Common Council. Please notify us when this work is complete. If you have any further questions, please call this office at (574) 235- 9251. Sincerely, A/ Theresa He Baer Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA MICOU BILL NO.05-24 ORDINANCE NO. Filed in Clerk's Office JAN 0 2024 - nrtiA7�� CITYCE.ERUTH81rfV , IN ____ AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED P The first East-West alley South of Jefferson Blvd between Notre Dame Avenue and the North - South alley to the East of Notre Dame Avenue STATEMENT OF PURPOSE AND INTENT To eliminate an unused alley to allow for the construction of an ancillary dwelling unit. Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City. The following Ordinance vacates the above -described public property. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first East-West alley South of Jefferson Blvd between Notre Dame Avenue and the North -South alley to the East of Notre Dame Avenue hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following property may be injuriously or beneficially affected by such vacating: 018-6007-0168 — 914 E Jefferson 018-6007-0167 — 904 E. Jefferson 018-6007-0169 — V/L south of alley SECTION IV. The purpose of the vacation of the real property is to allow for the construction of an ancillary dwelling unit on the adjacent property. SECTION V. The vacation is subject to the elimination of the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specification. SECTION VI. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 1 2024, at o'clock _. In. .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at _ o'clock James Mueller, Mayor City of South Bend, Indiana Filed in Clerk's Office CITYCLEpli . SOUTH BEND, IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: November 29, 2023 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering Zach Hurst, Engineering Chris Dressel, Community Investment Gerard Ellis, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS —ALLEY VACATION APPLICANT: Angela Smith LOCATION: 914 E. Jefferson Blvd. 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/ENGINEERING: Favorable in conjunction with the removal of the approach. COMMUNITY INVESTMENT: Favorable recommendation conditional on removal of approach. FIRE: Favorable POLICE: Favorable recommendation Filed in Clerk's Office STREET/ALLEY VACATION APPLICATION �t City of South Bend - Board of Public Works ,Inl 0. 1024 :::-r s i 227 W. Jefferson Boulevard, Ste.1316 " . South Bend, IN 46601 :.�I n:`. IN Date: November 29, 2023 Angela M. Smith Name: Property 914 E. Jefferson Address: Phone #: 574-876-7206 Email: asmith@danchharner.com Applicant property information: IN Residential ❑ Commercial ❑ Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): The first East-West alley South of Jefferson Blvd between Notre Dame Avenue and the North -South alley to the East of Notre Dame Avenue Is your property adjacent to the alley of interest? 0 Yes ❑ No Do you own all adjacent properties to the alley of interest? ❑ Yes 0 No Does the existing alley provide garage access to other property owners? ❑ Yes 0 No Does the alley receive daily traffic excluding your own use? ❑ Yes 0 No Would the vacation hinder public access to any of the following: a church, ❑ Yes 0 No school, or any other public building or place? Reason for street/alley vacation and proposed use: They alley is currently a paper alley with no regular traffic. The alley vacation would allow for a reduced setback for a proposed ancillary dwelling unit. The vacation would be subject to a 14' utility easement for AEP. We do not intend to construct anything in the vacated alley. A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS t3JL&k Elizabeth A. Maradik, President 49--� Qom{ Gary A. Gilot, Member pn_, Murray L. Miller, Member [ryes ❑ No Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: December 19, 2023 A rm rn F JEFFERSON BLVD E- WAYrif %,I, T. Art IF S,F, RANEESiS, Ad Sol u t W-4V S NpjT-RE,DAMYAVF IM AV Tv 1<.� ,- u Lin Name DMS Living Trust — Donald William Shank Jr. Jeffrey & Julia Wickes Kevin Bradley Edward & Tara Smalstig East Race Villas, LLC, James Tamke South Bend RE Holdings, LLC DMTM INC. Morgan Caurro Dorothy Macri's REV. Trust in Clerk's mice ILERK, SOLi7H B _ D,IN Adam & Pa is Toering Mailing Address Proper Address 1224 Stanford Ave. 227 S. Notre Dame Ave. Fullerton, CA 92831 South Bend, IN 46617 223 S. Notre Dame Ave. 223 S. Notre Dame Ave. South Bend, IN 46617 South Bend, IN 46617 108 E. Jefferson St. 219 S. Notre Dame Ave. Falls Church, VA 22046 South Bend, IN 46617 500 S. Turnberry Ln. 215 S. Notre Dame Ave. Yorktown, IN 47396 South Bend, IN 46617 127 N. Michigan St. 828 E. Jefferson Blvd. South Bend, IN 46601 South Bend, IN 46617 824 E. Jefferson Blvd. South Bend, IN 46617 922 E. Jefferson Blvd. 922 E. Jefferson Blvd. South Bend, IN 46617 South Bend, IN 46617 250 School Ln. 926 E. Jefferson Blvd. Springfield, PA 19064 South Bend, IN 46617 215 N. Frances St. South Bend, IN 46617 401 E. Colfax Ave. 222 Notre Dame Ave. South Bend, IN 46617 South Bend, IN 46617 224 S. Notre Dame Ave. 212 S. Notre Dame Ave. South Bend, IN 46617 South Bend, IN 46617 3622 Sullivan Ct. 917 E. Wayne St. South Bend, IN 46614 South Bend, IN 46617 215 S. Frances St. South Bend, IN 46617 217 S. Frances St. South Bend, IN 46617 227 S. Frances St. South Bend, IN 46617 229 S. Frances St. South Bend, IN 46617 236 S. Notre Dame Ave. 230 S. Notre Dame Ave. South Bend, IN 46617 South Bend, IN 46617 236 S. Notre Dame Ave. South Bend, IN 46617 Brian & Jennifer Harbison Janak Kanti & Rekha Patel Timothy Smith & Angela Furore- Smith 228 S. Notre Dame Ave. South Bend, IN 46617 228 S. Notre Dame Ave. South Bend, IN 46617 904 E. Jefferson Blvd. South Bend, IN 46617 914 E. Jefferson Blvd. South Bend, IN 46617 904 E. Jefferson Blvd. South Bend, IN 46617 914 E. Jefferson Blvd. South Bend, IN 46617 Jeffrey Keller 918 E. Jefferson Blvd. South Bend, IN 46617 918 E. Jefferson Blvd. South Bend, IN 46617 Burton Cebulski Jr. 812 Rush Ave. Lehigh Acres, FL 33972 235 S. Frances St. South Bend, IN 46617 Filed in Clerk's Office �i 0 3 2 0 4 C1 YCLERK, SOUTH E-3FfVf7, IN,