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Home My WebLink AboutBill No. 31-22 A Special Exception Use Ordinance for Property Located at 914 Sherman Ave Filed in Clerk's Office JUL 0 5 2.022 DAWN M.JONES City of South Ben CITY CLERK,SOUTH BEND, IN BOARD OF ZONING APPEALS July 6, 2022 Honorable Lori Hamann 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception Use at 914 Sherman Ave Dear Committee Chair Hamann: Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 11, 2022, Council meeting and set it for public hearing at your August 8, 2022, Council meeting.The petition is tentatively scheduled for public hearing at the August 1, 2022, South Bend Board of Zoning Appeals meeting.The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: A proposal for development of new construction of a side-by-side duplex as part of a new infill development in the near northwest neighborhood. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, V&7� Rachel Boyles Zoning Specialist CC: Bob Palmer County-City Building 1 227 W.Jefferson I South Bend, IN 46601 1 574-235-7627 1 www.southbendin.gov/zoning BILL NO. 31-22 ORDINANCE NO. 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 914 SHERMAN AVE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for the use of a duplex. 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: 914 Sherman Ave. 71-08-02-188-005.000-026 In order to permit Dwelling, 2 Unit 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 oEthe, ice Comprehensive Plan; 5 2022 iONES UTH BEND,IN 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. Sharon McBride, 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 , 2022, at o'clock M. Dawn M. Jones, 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 I n Clerk's Office UL 0 5 2022 WN M JONES K SOUTH BEND,IN - 2 - r flea in Ulerk's Office LTYLER.K, UL 0 5 2022 City of South Bend WN Ni.JONES BOARD OF ZONING APPSOUTHBEND, IN specialPetition for Variance - Property Information Tax Key Number: 018-1085-3603 Address. 914 Sherman Ave. South Bend. IN 46616 Owner: Near Northwest Neighborhood Inc Zoning: U1 Urban Neighborhood 1 Project Summary: We propose the development of a new construction side-by-side duplex as part of new infill development in the near northwest neighborhood. The duplex will be two 2-BR units, and designed to be contextual with the surrounding neighborhood. Requested Action ❑J Special Exception — complete and attach Criteria for Decision Making Use requested:Duplex ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents ✓❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑✓ Site Plan drawn to scale Z Filing Fee r nea In ulerk's Office JUL_ 0 5 2022 DAWN M.JONES CITY CLERK, SOUTH BEND, IN DecisionCriteria for Speciial Exception -if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. (1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: Proposed use of a duplex (two-family residence)fits within the neighborhood context and character. The project will be similar to the size of a single family residence and will not be injurious in any way, (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Proposed use of a duplex (two-family residence) fits within the neighborhood context and character. The project will be designed as an infill development that will match the character of the neighborhood, and will put a vacant lot back to re-use. (3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The character of the district includes many examples of side-by-side duplex properties, designed to be the size of a single family home. The design of the project will be contextual in massing and materials. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. The petition is also consistent with the Near Northwest Neighborhood Plan (2019)to "encourage new development to respond to the existing character", and "thoughtful integration of missing middle housing types can provide housing affordability and housing choice" - -min svmce JUL U 5. 2027 6Ak—Vi M.JONES CITY CLERK; SOUTH BEND,IN Criteria for Decision Making Variance(s) -if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because.- n/a (2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: n/a (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: n/a (4) The variance granted is the minimum necessary, because: n/a (5)The variance does not correct a hardship caused by a former or current owner of the property, because: nia ,7k's Office 0 5 2022 JONES F R'K, SOUTH BEND, IN Contact . • Property owner(s) of the petition site: Name Near Northwest Neighborhood, Inc. Address: 1007 Portage Ave South Bend, IN 46616 Name: Address: Name: Address Contact Person: Name: Kathy Schuth/ Jeff Stanifer Address: 1007 Portage Ave South Bend, IN 46616 Phone Number: 574-232-9182 E-mail nnndirector@nearnorthwest.org By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The under5iyned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property 0wner (s) Signatures _Z Q) 0 U_ Z C/)W � ! o Z= X cv O F— W CD (-� M �} w W N - -- - - - ---- -- -vj/ ————————-------\ o� ZI - - - - ---- Q - - ww� w / a / L - - - - - -- - - tA ----- ---- -- ---- r _ _ - - _ __ - _ - - -- I 7riled Clerk's Office 0 a 2022 DAWN M.JONES CITY CLERK,SOUTH BEND,IN IT 71 TIM. 7i�lllll f ELEVATIONS - 914 SHERMAN DUPLEX