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Home My WebLink AboutAlley Vacation - 524 Columbia St.1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Mr. Gerald Frye 524 Columbia St. South Bend, IN 46601 Clrw1976ggmail.com PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS October 22, 2024 RE: Alley/Street Vacation — East/West Alley between 520 Columbia St. and 524 Columbia St. (Preliminary Review) Dear Mr. Frye: At its October 22, 2024 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 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. Therefore, the Board of Public Works submitted an unfavorable recommendation for the vacation of this alley. If you still wish to pursue this alley vacation, please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4' 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 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, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 4SpUTH ,& v e w y PEACE % k 1865 INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: August 22, 2024 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering Zach Hurst, Engineering Chris Dressel, Community Investment Derek Erquhart, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS — ALLEY VACATION APPLICANT: Gerald Frye LOCATION: 524 Columbia St. 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: Unfavorable, the vacation would create a dead-end alley which the City is not favor of. COMMUNITY INVESTMENT: Unfavorable - Would Create a dead-end alley. 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 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. FIRE: Favorable POLICE: Favorable recommendation CITY OF SOUTH BEND DEPARTMENT OF PUBLIC WORKS Submission Date: Applicant Name: Property Address: 227 W. JEFFERSON BOULEVARD SUITE 1316 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 PHONE 574/ 235-9251 FAX 574/ 235-9171 Street/Alley Vacation Form S7q '(•I.0q-C470 Phone #: ,26 9 2 2 1 3 Z I s Email: 57" J` Oufk 0eltJ': " qG(" 0 t Applicant property information: [Residential ❑ Commercial ❑ Industrial Describe the general alley location with boundaries (Ex: Church PI, between E. Colfax Ave & E. LaSalle Ave): Is your property adjacent to the alley of interest? 91� Yes ❑ No Do you own all adjacent properties to the alley of interest? [J- Yes ❑ No Does the existing alley provide garage access to other property owners? ❑ Yes [' No Does the alley receive daily traffic excluding your own use? ❑ Yes [g-- No Would the vacation hinder public access to any of the following: a church, school, or ❑ Yes [9- No any other public building or place? Reason for street/alley vacation and proposed use: Dr,oi? (i041 vt,S e— for- eA'Jl i OFFICE USE ONLY: Board Recommendation for the proposed alley vacation: ❑ Yes Q No CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member RE Murray L. Miller, Member Gil �7TL Joseph R. Molnar, Vice President Briana Micou, Member �V_ Attest: Theresa M. Heffner, Clerk sion 2.0 [11/19/2018] Date: October 22, 2024 How to Vacate an Alley: This process involves the City Clerk's office and Public Works/Division of Engineering. A brief summary of the steps include: 1. Contact the Division of Engineering/Permit Office with your completed Alley Vacation Form. 2. The Board of Public Works will make a recommendation 3. You will receive a letter from the Board indicating a favorable or non -favorable recommendation 4. Visit the Clerk's office for the Vacation Packet, or find it online 5. Request a Radius Map from the Engineering Division/Permit Manager 6. Follow the guidelines for the next steps in your Packet City of South Bend SUBJECT Department of Public Works COMPUTED BY CHECKED BY JOB Name Mailing Address Proper Address 406 E MONROE ST 018-3027-0984 ZOLMAN TIRE INC SOUTH BEND IN 46601 406 E MONROE ST 510 COLUMBIA ST ZOLMAN TIRE INC SOUTH BEND IN 46601 SOUTH BEND IN 46601 PO BOX 960 316 MONROE WSIM INC SOUTH BEND IN 46624 SOUTH BEND IN 46601 PO BOX 444 529 COLUMBIA ST FRYE GREGORY R SOUTH BEND IN 46624 SOUTH BEND IN 46601 2014 E MCKINLY AVE 530 COLUMBIA ST. ROSS GEORGE MISHAWAKA IN 46545 SOUTH BEND IN 46601 23150 ROOSEVELT RD 537 COLUMBIA ST INSLEY MATTHEW L SOUTH BEND IN 46614 SOUTH BEND IN 46601 SOBER START LLC W 401 W MADISON 524 COLUMBIA ST FRYE GERALD AS SOLE MEMBER SOUTH BEND IN 46601 SOUTH BEND IN 46601 532 S COLUMBIA 532 COLUMBIA ST. VALDEZ JOSE A PINEDA SOUTH BEND IN 46601 SOUTH BEND IN 46601 53192 CHELLE LN 533 COLUMBIA ST. NK DEVELOPMENTS LLC GRANGER IN 46530 SOUTH BEND IN 46601 19039 AUTEN RD 528 COULBIA ST TSG SOURCE GROUP LLC SOUTH BEND IN 46637 SOUTH BEND IN 46601 295 E 615T AVE 423 E SOUTH ST MONROE PARK APARTMENTS LLC MERRILLVILLE IN 46410 SOUTH BEND IN 46601 406 E MONROE ST. 406 E MONROE ST ZOLMAN TIRE INC SOUTH BEND IN 46601 SOUTH BEND IN 4661 912 E LASALLE AVE 526 COLUMBIA ST KLM HOLDINGS LLC SOUTH BEND IN 46617 SOUTH BEND IN 46601 416 E MONROE ST STE 320 416 E MONROE ST RIVER GLEN SOUTH ASSOCIATES SOUTH BEND IN 46601 SOUTH BEND IN 46601 2014 E MCKINLEY 520 COLUMBIA ST ZOMAN TIRE INC MISHAWAKA IN 46545 SOUTH BEND IN 46601 406 E MONROE 518 COLUMBIA ST ZOLMAN TIRE INC SOUTH BEND IN 46601 SOUTH BEND IN 46601 v. 2024-07-30 ,O4SpUTH . FU d: ,.\PEACE al e 1865 STREET/ALLEY VACATION PRELIMINARY REVIEW City of South Bend - Board of Public Works 227 W. Jefferson Boulevard, Ste. 1316 South Bend, IN 46601 Date: 10-15-24 Gerald Frye Name: Phone #: 574-404-0170 Email: clrw1976@gmail.com Property 524 Columbia Address: Applicant property information: Residential ❑ Commercial ❑ Industrial Describe the general street/alley location with boundaries (Ex: Ist East/West Alley, west of St. Peter St and north of Howard St): E-W Alley within the block bounded by Fellows, Monroe, South, and Columbia Is your property adjacent to the street/alley of interest? ❑ Yes ❑No Do any property owners currently access the street/alley? ❑ Yes ❑■ No Is there a future property development plan associated with this request? ❑ Yes [E No Describe the reason for this vacation request and proposed use: Request to use alley as a driveway This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic criteria. Staff will review the information provided and give feedback to the applicant. OFFICE USE ONLY: Do less than 50% of properties on the full block have direct street access? ❑ Yes ❑ No Is this the only midblock connection? ❑ Yes ❑ No Is the block length greater than 600'? ❑ Yes ❑ No Will the vacation result in: dead end alley, interference with bike route, violations of ❑ Yes ❑ No minimum traffic safety standards? Are there public or private utilities in the alley? ❑ Yes ❑ No Preliminary Staff Comments: The staff reccomendation is unfavorable. The vacation will result in a dead end wlley. Use as a driveway not possible even with a vacation. The applicant does not own the parcel on the north side of the alley, only the south. BILL NO. ORDINANCE NO. AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: (TYPE INHERE THE LEGAL DESCRIPTION THAT A SURVEYOR WOULD PROVIDE) STATEMENT OF PURPOSE AND INTENT 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: (TYPE INHERE THE COMPLETE LEGAL DESCRIPTION THATA SURVEYOR WOULD PROVIDE) 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: (TYPE IN HERE THE LOT NUMBERS OF THE PROPERTY OWNERS THAT AB UT THE PROPERTY TO BE VACATED. YOU DO NOT NEED TO INDICATE THE NAMES AND LOT NUMBERS OF ALL PERSONS WITHIN 150- FEET - ONLY THE ABUTTING PROPERTY OWNERS) Section IV. The purpose of the vacation of the real property is (COMPLETE THE ABOVE SENTENCE INDICATING WHY YOU DESIRE TO HAVE THE PROPERTY VACATED) SECTION V. This ordinance shall be in full force and effect from and after its Passage by the Common Council and approval by the Mayor. Karen White, 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 , 2022, at o'clock . M. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2022, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana Revised September 27, 2022