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Home My WebLink About06-25 Amending the Zoning Ordinance for Property Located at 411 Cottage Grove Avenue City of South Bend BOARD OF ZONING APPEALS March 4, 2025 Filed in Clerk's Office MAR [I 4 tilts Bianca Tirado City Clerk, South Bend, IN South Bend Common Council 227 W. Jefferson Blvd.,4th Floor South Bend, IN 46601 Re: Bill#06-25—The petition of VIP FLIP LLC seeking a Special Exception to allow a two-unit dwelling in U1 Urban Neighborhood 1 district,property located at 411 COTTAGE GROVE AVE, City of South Bend-#0312-25 Dear Council Members: Please be advised that the March 3,2025, Board of Zoning Appeals meeting was cancelled. The above- referenced item was scheduled for public hearing at your March 10, 2025, Council meeting. The petition is scheduled for public hearing at the April 7, 2025, Board of Zoning Appeals meeting. Please set it for public hearing at your April 14, 2025, Council meeting. Feel free to contact our office if you have any questions. Sincerely, Kari Myers Zoning Specialist cc: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 I 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office City of South Bend Bianca Tirado BOARD OF ZONING APPEALS City Clerk, South Bend. iN February 4, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 411 Cottage Grove Ave. Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your February 10, 2025,Council meeting and set it for public hearing at your March 10, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the March 3, 2025, 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 1227 W.Jefferson South Bend, IN 46601 574-235-7627 I www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 06-25 Bianca Tirado ORDINANCE NO. 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 411 COTTAGE GROVE AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow for a two unit dwelling 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: 411 Cottage Grove Ave, South Bend, IN 46616. 018-1030-1340 In order to permit a two unit dwelling. 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. Canneth Lee, Council President South Bend Common Council Attest: Bianca Tirado, 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 , 2025, at o'clock . m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 2 - • City of South Bend 227 W. Jefferson - Suite 1400S IN 46601 BOARD OF ZONING APPEALS South Bend, zoning@southbendin.gov Petition for Variance - Special Exception Property Information_ �XX�� XX11�� Tax Key Number: �z34-r`� 018-1030-1340 Address: 411 Cottage Groveer, South Bend, IN, 46616 Owner: VIP FLIP LLC i 1 15/ai3 Zoning: U1 Urban Neighborhood 1 Per__ Project Summary: Filed in Clerk's Office Duplex Construction Bianca Tirado City Clerk, South Bend, IN Requested Action ❑✓ Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested: Duplex construction ❑ 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) 0 Site Plan drawn to scale ✓❑ Filing Fee • Criteria for Decision Making Special 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: The construction of the duplex will facilitate the achievement of the social objectives of Sustainable Housing Development, to guarantee the community a healthy life and promote the well-being of all age groups. The construction of the duplex has an efficient living space, adequate ventilation. We will adhere to the laws, and we will ensure that our main mission prevails, building new houses to promote the best quality of life, in modern homes, with spaces designed for excellent coexistence. Housing is the space par excellence where the educational and cultural (2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: It will be quite the opposite, we will be efficient in the use of the land to be able to offer a home to 2 families. We have a land large enough to offer value to the community (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 land is completely flat. This change does not require any type of demolition or alteration of the ground. It will remain residential The use of assigned land to the plot as part of the Area Plan (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The new construction fits within the framework of the community's long-term development strategy established through the strategic execution of the city- approved and provided duplex plan. It aligns with the plan's designated residential land use for the area, promotes the desired development objectives outlined in the plan, and does not conflict. 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: (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: (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: (4)The variance granted is the minimum necessary, because: (5)The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s)of the petition site: Name: VIP FLIP LLC Address: 411 Cottage Groove Ave, South bend, 46616 Name: Address: Name: Address: Contact Person: Name: Anthony Gervasi Address: 13396 Golden Harvest Ln, Granger IN 46530 Phone Number: 786.260.7757 /570.599.8131 VIPFLIPPING@GMAIL.COM E-mail: 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 undersigned 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 Owper ) • natires:•