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41-17 Frank Linarello Alley Vacation
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41-17 Frank Linarello Alley Vacation
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Last modified
7/5/2017 4:21:35 PM
Creation date
7/19/2017 10:14:17 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
7/10/2017
Bill Number
41-17
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BUTLER and CROWLEY <br /> LAW OFFICE <br /> 726 EAST WASHINGTON STREET <br /> SOUTH BEND, INDIANA 46617 <br /> TELEPHONE: (574)233-9500 <br /> FACSIMILE: (574)233-9502 <br /> PAUL G. CROWLEY, ATTORNEY <br /> pgcrowleVCcDaol.com <br /> June 27, 2017 <br /> Filed in Clerk's Office <br /> Common Council -- -- - -� <br /> City of South Bend <br /> 227 W. Jefferson Blvd. JUN 28 20 <br /> South Bend, IN 46601 <br /> KAREEli A,H FOWLER <br /> Re: Alley Vacation Request CITY CLER, K,SOlJTI-t BEND,IN <br /> 1" N/S Alley E of N. William Street from W. Marion St. To W. Navarre St. <br /> for a distance of 419 feet and a width of 14 feet <br /> Frank Linarello, Petitioner <br /> Good day: <br /> This letter is submitted on behalf of Frank Linarello, who requests that the alley between <br /> his building and his parking lot be vacated. In so doing, his tenant, Frank's Place, will be able <br /> to offer patio dining during the milder seasons of the year. <br /> We acknowledge that we enter this petition process with one strike against us. The <br /> Board of Public Works gave an unfavorable recommendation on March 14, 2017. The principal <br /> objection was the fact that the vacation would leave a property owned by Welco RE LLC <br /> (Welsheimers) landlocked. We have since filed an easement that gives Welco access to its <br /> property. <br /> Secondly, the Fire Department stated concerns that the distance from hydrants would <br /> be increased by the vacation. While we haven't done the math, and we concede that distances <br /> without use of the alley may be greater, we would show that the alley is not readily available for <br /> use by the fire department now and so the vacation would not actuaiiy change the status quo. <br /> We ask that this petition be placed on the agenda of the Common Council as soon as <br /> possible. We would plan to appear at the hearing and provide evidence in support of our <br /> petition. <br /> Thank you so much. <br /> 4 13e reg <br /> Paul G. rowley <br /> PGC:blb <br /> cc: Frank Linarello <br /> C:\18&C\1KJB\Clients\L\LinarelloWlley Vacation\2017.06.27_CommonCounciILtr.wpd <br />
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