09-13-93 Zoning & Vacation - Laserfiche WebLink

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• Zonong and Vacation Committee September 13, 1993 Page 5 Council Member Slavinskas then asked if there was anyone who wished to speak in favor of the Bill. Mr. Philip Wilmes voiced concern with regard to the Riley High School project. Mr. John Byorni of the Area Plan staff noted the staff's recommendation of September 3 , 1993 (copy attached) . Council Member Slavinskas then asked if there was anyone present to speak in opposition to the proposed Bill. Mr. Gene Oakley stated that he believes that the petition is legally flawed and spoke against the proposed vacation. Mr. Vince Peterson stated that the Council should weigh what is best for the entire City. Jo Blacketor voiced concern with regard to the message that would be sent to the public if the Council moves forward on the proposed vacation. She stated that she believes it would violate, due process. She also voiced parking concerns. The Council Attorney noted that the Council and the public should keep in mind that the decisions to made this evening deal with whether the provisions of Title 36 of the Indiana Code addressing the vacation of public ways have been met by the Petitioner. She added that remonstrators to any vacation of a public way must show that: 1. that vacation would hinder the growth of orderly development in which it is located or to which it is contiguous; 2 . that the vacation would make access to lands of aggrieved persons by public way either difficult or inconvenient; 3 . that the vacation would hinder the public's access to a church, school, or other public place or building; 4 . the vacation would hinder the use of a public way by the neighborhood in which it is located or contiguous. The Council Attorney concluded that the decisions made by the Board of School Trustees are separate and distinct from the decision to be made by the South Bend Common Council on the proposed vacation.