HomeMy WebLinkAboutBill No. 53-23 An Ordinance Approving a Petition of the Advisory Board of Zoning Appeals for 1132 Portage AveCity of South Bend
BOARD OF ZONING APPEALS
November 7, 2023
Common Council of South Bend
227 W . Jefferson Blvd, 4 th Floor
South Bend, IN 46601
County-City Building
227 W. Jefferson Blvd . 1400S
South Bend , IN 46601
(574) 235-7627
Filed in Clerk 's Offic e
-----. -DAWN M. Jv1\lt:S
CITY CL ERK , SOIJ Tl--l f3 EN 0 , IN
Re : 53 -23 : The petition of SHARI SELLERS seeking a Special Exception for 2 unit dwelling in the U1
Urban Neighborhood I for property located at 1132 PORT AGE A VE
Dear Council Members:
I hereby Certify that the above referenced petition of SHARI SELLERS was legally advertised on
October 27, 2023 and that the So uth Bend Board of Zoning Appeals at its public hearing on November 6,
2023 , took the following action :
Upon a motion by Kaine Kanczuzewski, being seconded by Mark Burrell and unanimously carried, a
petition by SHARI SELLERS seeking a Special Exception for 2 unit dwelling for property located at
1132 PORT AGE A VE , City of South Bend, is sent to the Common Council with a favorable
recommendation, and will issue written Findings of Fact.
The staff comments related to 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 avai lable 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,
Kari Myers
Zoning Speciali st
Attachment
CC: SHARI SELLERS
Shari Sellers
Terri Sell ers-Olivarez
Building Department
Bob Palmer
Staff Report -BZA#0225-23 November 6, 2023
Property Information
Location: 1132 PORTAGE AVE Filed in Clerk's Office
Owner : SHARI SELLERS
Project Summary
Request a Special Exception to allow for the use of a duplex on a U1
Requested Action
Special Exception : 2 unit dwelling
Site Location
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 of3
Staff Report -BZA#0225-23
Proposed Site Plan
SOUTH BEND BOARD OF ZO NING APPEALS
November 6, 2023
Page 2 of 3
Filed in Clerk's Office
Staff Report -BZA#0225-23 G ~~-i .~~ber6,202J
CITY CLER~: .. ~_9U!H BEND, IN
Criteria for Decision Making: Special Exception
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 should not be injurious to the public health , safety , morals
and general welfare of the community . The building is existing and no exterior renovations
are proposed at this time . 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;
Legalizing a duplex should not injure or adversely affect the use or value of the adjacent
properties provided the current residential building form is maintained.
(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 use as a two unit dwelling will further complement the existing housing stock in the
surrounding area and be visually indistinguishable from nearby one unit dwellings . The
proposed use will provide more housing options for residents .
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
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.
Analysis & Recommendation
Analysis: Legalizing the use of the current two unit dwelling will further complement the existing
housing stock in the surrounding area and is visually indistinguishable from nearby one unit
dwellings. The proposed use will provide more housing options 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 3 of3
City of South Bend
BOARD OF ZONING APPEALS
September 5, 2023
Honorable Lori Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception Use at 1132 Portage Avenue
Dear Committee Chair Hamann:
Filed in Clerk's Office
sEP 20
DAWN M. JONES-CITY CLERK, SOUTH BEND, IN
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 September
11, 2023, meeting and set it for public hearing at your October 9, 2023, Council meeting. The
petition is tentatively scheduled for public hearing at the October 2, 2023, 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 Special Exception to allow for the use of a duplex.
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,
Kari Myers
Zoning Specialist
CC: Bob Palmer }
County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning
BILL NO. 53-23