08/05/86 Board of Public Works Minutes

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REGULAR MEETING Rubin's Auto Parts - Vehicles No. 1 7 12 AUGUST 5, 1986 $41.41 41.41 41.41 TOTAL: $124.23 GRAND TOTAL: $442.23 PUBLIC HEARING AND FAVORABLE RECOMMENDATION - ALLEY VACATION: 1ST NIS ALLEY W. OF WILLIAM ST. FROM WAYNE ST. SO. TO THE SOUTH LINE Mr. Leszczynski advised that this was the date set for the Board's Public Hearing on a proposed alley vacation described as the first north/south alley West of William Street, from Wayne Street, South to the South line of the North half of Lot 8, Vail's Southwest Addition, Block 6. It was noted that this Public Hearing is being held in order for the Board to submit a recommendation to the Common Council concerning the Vacation Petition filed by Mr. Van E. Gates, 401 South Lafayette Street, South Bend, Indiana. It was further noted that pursuant to South Bend Municipal Code Section 18-53.8, owners whose property abut the proposed alley to be vacated were notified of the Board's Public Hearing date. Mr. K.C. Pocius, 312 South Taylor Street, South Bend, Indiana, addressed the Board and stated that he was representing himself as well as Mr. Gerry Upton, who owns the property at 316 South Taylor Street, South Bend, Indiana. Mr. Pocius presented to the Board a letter from Mr. Gerry Upton opposing the vacation of the above referred to alley and outlined the concerns Mr. Upton stated in his letter. The letter advised that the vacation of the alley will injuriously damage Mr. Upton's property in several ways as follows: - It will cut off access to the garage at the rear of 316 South Taylor. In the winter, the only access possible is often from the Wayne Street side due to lack of plowing and drifting snow in the "open" portions of the alley. - It will cut off access to the rear of the residence at 312 South Taylor Street. - It will cause a security problem by preventing police from having access through the alley and also because the nature of the vehicles being stored will even further obscure sight to adjacent properties. - It will cause environmental deterioration of the residential portion of the neighborhood by bringing an intense commercial use even closer to low -intensity residential uses. Mr. Pocius additionally submitted to the Board photographs of the proposed alley to be vacated as well as an aerial map of the location. In response to Ms. Barnard's statement that it appears that there are two (2) approaches to Mr. Pocius' garage, Mr. Pocius stated that the vacation of the proposed alley would cut off one approach to his garage and backyard as well as the property at 316 South Taylor Street. Mr. Leszczynski inquired of Mr. Pocius whether he was aware that the alley behind his garage was not being vacated. Mr. Pocius stated that he was aware of that fact but that vacating the alley as proposed would cut-off access and use of the alley to him. 1 1 1