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HomeMy WebLinkAboutBill No. 54-23 An Ordinance Approving a Petition of the Advisory Board of Zoning Appeals for 1128 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 (57 4) 235-7627 Filed in Clerk 's Offic e NOV O 7 202j DAWN M. JO NES CITY CLE RK, SOUTH BEND, IN Re: 54-23: The petition of SHARI SELLERS seeking a Special Exception for 2 unit dwelling in the UI Urban Neighborhood 1 for property located at 1128 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 South Bend Board of Zoning Appea ls at its public hearing on November 6, 2023 , took the fo ll owing action: Upon a motion by Kaine Kanczuzewski , being seconded by Caitlin Stevens and unanimously carried, a petition by SHARI SELLERS seeking a Special Exception for 2 unit dwelling for property located at 1128 PORT AGE A VE, City of South Bend, is sent to the Common Coun cil with a favorab le recommendation, and will issue written Fin dings 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 available in our office and will be posted on o ur website once approved . If you have any questions, please feel free to contact our office . Sin cerely , Kari Myers Zoning Specialist Attachment CC: SHARI SELLERS Shari Se ll ers Terri Selers-O li varez Building Department Bob Palmer Staff Report -BZA#0226-23 November 6, 2023 Property Information Location : 1128 PORTAGE AVE Owner : SHARI SELLERS Filed in Clerk 's Office I ----, Project Summary I M' :" ; I • -.. _:: Request a Special Exception to allow for the use of a duplex on a U1 zoned lot. 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 . SO UT H BEND BO ARD OF ZO NING APP EA LS Page I of3 \. Staff Report -BZA#0226-23 Proposed Site Plan SOUTH BEND BO ARD OF ZONING APP EALS November 6, 2023 Page 2 of3 Staff Report -BZA#0226-23 A Special Exception may only be granted upon making a writt the evidence presented at a public hearing, that: Filed in Clerk's Ott; er 6','~@23 (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use should not be injurious to the public health , safety , comfort, community moral standards, convenience or general welfare as reactivating a vacant large dwelling 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 an additional unit to an existing building should not injure or adversely affect the use or value of the adjacent area or property values, provided the current residential character is maintained . Renovation of the building should strengthen nearby property values and prevent the building from deteriorating . (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 two unit dwelling will be consistent with the character of the district and neighborhood in both use and style of construction . The property immediately to the north is currently a two unit dwelling . (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 H 1.1 : Encourage residential developments to contain a mix of housing types , densities, price ranges , and amenities. Analysis & Recommendation Analysis: The conversion and rehab of a current one unit dwelling to a two unit dwelling will further complement the existing housing stock in the surrounding area . 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 1128 Portage Avenue Dear Committee Chair Hamann: Filed in Clerk's Office I SEP O 5 2023_ : DAWN M. JONES CI T Y CLERK. SO\.iTHBENL-. :'i..J 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. 54-23