HomeMy WebLinkAbout30-20 Special Exception: 1017 De Maude Avenue City of South Bend , Rec.ec. inClerk'sOffice
BOARD OF ZONING APPEALS JUN 1720
20
6/17/20 jONES
I CITY CLERK,SOUTH BEND, IN
Honorable Sharon McBride
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception Use at 1017 De Maude Ave,
Dear Chairwoman McBride:
Enclosed is an Ordinance for the proposed Special Exception Use the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your June 22nd
Council meeting and set it for public hearing at your July 13th Council meeting. The petition is
tentatively scheduled for public hearing at the July 6th South Bend Board of Zoning Appeals
meeting. The recommendation of the South Bend Board of Zoning Appeals will be forwarded to
the Office of the City Clerk by noon on the day following the public hearing.
The petitioner provided the following to describe the proposed project:
Proposed new construction of a duplex, as part of neighborhood development, to
remain owned and managed by the NNN.
If you have any questions, please feel free to contact our office.
Sincerely,
Joseph Molnar
Zoning Specialist
CC: Bob Palmer
County-City Building 1 227 W.Jefferson South Bend, IN 46601 1 574-235-7627 1 www.southbendin.gov/zoning
Filed ,n Clerk's Office
JUN 1 7 2020 '
BILL NO. 30-20 P
DAWN M.JONES
ORDINANCE NO. I.CITY CLERK,SOUTH BEND,IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 1017 DE MAUDE AVENUE,
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, IN 46616
STATEMENT OF PURPOSE AND INTENT
Proposed new construction of a duplex, as part of neighborhood development,to remain
owned and managed by the Near Northwest Neighborhood Association.
Petitioners desire to seek a Special Exception Use for 2-unit dwelling in a U1 Urban
Neighborhood 1 District for property located 1017 De Maude Avenue.
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
1017 De Maude Ave, South Bend IN 46616/018-1061-2621
In order to permit a two (2)unit dwelling in a U 1 Urban Neighborhood 1 District
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a
copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health, safety,comfort, community
moral standards, convenience or general welfare;
2. The proposed use will not injure or adversely affect the use of adjacent area of property
values therein;
3. The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the
Office of the City Clerk.
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, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Karen White, Acting Council President
South Bend Common Council
Attest:
Dawn M. Jones, 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 , 2020, at
o'clock . m.
Dawn M. Jones, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2020, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
- 2 -
City of South Bend County-City Building
227 W.Jefferson Blvd. 1400S
BOARD OF ZONING APPEALS South Bend,IN 46601
(574) 235-7627
July 9,2020 Filed in Clerk's Office
Common Council of South Bend
227 W.Jefferson Blvd,4th Floor JUL 119 2Q20
South Bend,IN 46601
DAWN M.JONES
CITY CLERK,SOUTH BEND,IN
Re: The petition of Near Northwest Neighborhood,Inc seeking a Special Exception for a 2 unit dwelling
in a UI Urban Neighborhood 1 District in the UI Urban Neighborhood 1 for property located at 1017
DEMAUDE AVE,
Dear Council Members:
I hereby Certify that the above referenced petition of Near Northwest Neighborhood,Inc was legally
advertised on June 26,2020 and that the South Bend Board of Zoning Appeals at its public hearing on
July 6,2020 took the following action:
Upon a motion by Dan Brewer,being seconded by Kaine Kanczuzewski and unanimously carried,a
petition by Near Northwest Neighborhood,Inc seeking a Special Exception for a 2 unit dwelling in a
Ul Urban Neighborhood 1 District for property located at 1017 DEMAUDE AVE,City of South
Bend, is sent to the Common Council with a favorable recommendation,and will issue written
Findings of Fact.
The staff report for this petition are attached. The Findings of Fact will be adopted at the next South Bend
Board of Zoning Appeals meeting.Minutes of the public hearing are available in our office and will be
posted on our website once approved.
If you have any questions,please feel free to contact our office.
Sincerely,
17t. gr/14V4J
Angela M. Smith
Zoning Administrator
Attachment
CC:Near Northwest Neighborhood,Inc
Staff Report— BZA#0020-20 July 6, 2020
Property Information
Location: 1017 DEMAUDE AVE
Owner: Near Northwest Neighborhood, Inc
Project Summary
Proposed new construction of a duplex, as part of neighborhood development, to remain owned
and managed by the NNN.
Requested Action
Special Exception: a 2 unit dwelling in a U1 Urban Neighborhood 1 District
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Staff Recommendation
Based on the information provided prior to the public hearing, the staff recommends the Board
send the petition to the Common Council with a favorable recommendation as presented.
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of;
Staff Report— BZA#0020-20 July 6, 2020
Proposed Site Plan
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SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Staff Report— BZA#0020-20 July 6, 2020
Criteria for Decision Making: Special Exception
The petitioner is seeking a Special Use to allow:
A 2 unit dwelling in a U1 Urban Neighborhood 1 District
A Special Exception may only be granted upon making a written determination, based upon
the evidence presented at a public hearing, that:
(1) The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
Approval of the Special Exception will not be injurious to the public health, safety, morals
and general welfare of the community. The scale of the proposed duplex is comparable to a
single family home and will be used for residential use. Reactivating a vacant lot will provide
more residents to the neighborhood which will increase safety and the general welfare of the
community.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
Adding a duplex on a currently vacant lot adjacent to parcels zoned NC Neighborhood
Center should not injure or adversely affect the use of the adjacent area or property values.
The addition of the duplex will further the work being done in the neighborhood to provide
more residential opportunities. New construction that fits the scale of the current residential
properties should strengthen nearby property values.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
The current context of the neighborhood provides a mix of single family homes, duplexes
and small commercial properties along Portage Ave. This duplex will be consistent with the
character of the district and neighborhood in both uses and style of construction.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The Comprehensive Plan recommends "Encourage residential developments to contain a
mix of housing types, densities, price ranges, and amenities. (Policy H1.1)This proposed
duplex is in line with the recommendation from the Comprehensive Plan by helping establish
a mix of housing types.
Analysis & Recommendation
Analysis: The proposed construction of a duplex will further complement the wide range of
development occurring currently in the NNN, as well as providing more diverse housing types
for residents.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board send the petition to the Common Council with a favorable
recommendation as presented.
SOUTH BEND BOARD OF ZONING APPEALS Page of