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Home My WebLink About19-25 Special Exception at 906, 912, 914, and 918 Dubail Avenue and 1703, 1705, and 1711 Dale Avenue City of South Bend BOARD OF ZONING APPEALS Filed in Clerk's Office March 13, 2025 4f Honorable Dr. Oliver Davis Bianca Tirado 4th Floor, County-City Building City Clerk, South Bend, IN South Bend, IN 46601 RE: Special Exception at 906, 912, 914, 918 Dubail Avenue and 1703, 1705, 1711 Dale Avenue Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above referenced locations. Please include the attached Ordinance on the Council agenda for first reading at your March 24, 2025, Council meeting and set it for public hearing at your April 14, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the April 7, 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 on each lot. 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, ti/cch.,L. AT Kari Myers Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 19-25 ORDINANCE NO. Bianca Tirado 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 PROPERTIES LOCATED AT 906, 912, 914, 918 DUBAIL AVENUE AND 1703, 1705, 1711 DALE AVENUE COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling on each lot 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: 906 Dubail Avenue, South Bend, IN 46613. 018-7054-2032 912 Dubail Avenue, South Bend, IN 46613. 018-7054-2033 914 Dubail Avenue, South Bend, IN 46613. 018-7054-2034 918 Dubail Avenue, South Bend, IN 46613. 018-7054-203501 1703 Dale Avenue, South Bend, IN 46613. 018-7054-2036 1705 Dale Avenue, South Bend, IN 46613. 018-7054-2037 1711 Dale Avenue, South Bend, IN 46613. 018-7054-2039 Vacant lot, Dale Avenue, South Bend, IN 46613. 018-7054-2035 In order to permit a two-unit dwelling on each lot. 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 L. 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 p.m. Bianca L. Tirado, City Clerk Office of the City Clerk - 2 - Approved and signed by me on the day of , 2025, at o'clock .m. James Mueller, Mayor City of South Bend, Indiana - 3 - City of South Bend 2 27 W. Jefferson Suite 1400S BOARD OF ZONING APPEALS South Bend, IN 46601 zoning@southbei7din.gov Petition for Variance - Special Exception Property Information Tax Key Number: see attached list Address: corner of Dale and Dubail - see attached list Owner: 2010 Investment Group Ilc Zoning: U1 Urban Neighborhood 1 Project Summary: The plan involves constructing a duplex along with an accessory dwelling unit (ADU) on the lots situated at the corner of Dale and Dubail. The project aims to develop approximately 18 to 20 apartment units. Additionally, it will feature 20 to 28 parking spaces. Please refer to the attached site plan Requested Action ❑✓ Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Duplex + ADU �✓ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 1) For Building 1 and 2 in siteplan, From the minimum rear setback of 20' to 8' 2) To allow an ADU in a U1 zoning district when the owner does not occupy a dwelling on the premises Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Recluned Documents ElCompleted Application (including Criteria for Decision Making and Contact Information) • Site Plan drawn to scale Q 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 project will follow local building codes. In addition, follow the guidelines set under U1 zoning standards. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The minimum rear setback variance request only applies to 2 empty lots that do not have access to alley. There will be a 5' or more set back all around the new building. The project also provides plenty of parking. The extra parking prevents overcrowding Dale and Dubail Streets (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 proposed use will be new and bold but consistent with the character of the district. The proposed use will also compliment the surrounding houses, schools, churches and businesses. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: it fills in existing empty lots 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: The project will follow local building codes. In addition, follow the guidelines set under U1 zoning standards. (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: The minimum rear setback variance request only applies to 2 empty lots that do not have access to alley. There will be a 5' or more set back all around the new building. The project also provides plenty of parking. The extra parking prevents overcrowding Dale and Dubail Streets (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: it will not. Just seeking the best use of the two empty lot's that do not have alley access. (4)The variance granted is the minimum necessary, because: *Keep the design consistent. *Maximize the use two lot's that do not have alley access. (5)The variance does not correct a hardship caused by a former or current owner of the property, because: Construction has not started. Contact Information Property owner(s) of the petition site: Name: David Njoroge Address: 3131 Springbrook Drive South Bend, IN 46614 Name: Address: Name: Address: Contact Person: Name: David Njoroge Address: 3131 Springbrook Drive South Bend, IN 46614 Phone Number: 5742109633 dnjoroge55@yahoo.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 Owner (s) Signatures: 3/6/2_02 1\-1/ W/A- WIYA List of._..arop_erties - Special Exception Petition - 20.10 Investment Group llc Corner or Dubail and Dale 912 E Dubail, South Bend, IN 46613 ParcellD-018-7054-2033 LegalDesc- Lot 81 Oak Park 2nd Add 914 E Dubail, South Bend, IN 46613 ParcellD-018-7054-2034 LegalDesc- Lot 80 Oak Park 2nd Add 918 E Dubail, South Bend, IN 46613 ParcellD-018-7054-203501 LegalDesc - N 108 Ft. Lot 79 Oak Park 2nd Add. 1703 Dale, South Bend, IN 46613 ParcellD-018-7054-2036 LegalDesc- N End Lots 77-78 Oak Park 2nd Add 1705 Dale, South Bend, IN 46613 ParcellD-018-7054-2037 LegalDesc-S 36 Of N 72 Lot 77-78 Oak Park 2nd 1711 Dale, South Bend, IN 46613 ParcellD- 018-7054-2039 LegalDesc-40.5' S End Lots 77 78&79 Ex 10' W End S 40' Lot 79 Oak Park 2nd 906 E Dubail Ave, South Bend, IN 46613 ParcellD-018-7054-2032 LegalDesc- Lot 82 Oak Pk 2nd Add ParcellD-018-7054-2035 LegalDesc - Lot 79 Ex 108 Ft N End &Ex 30 X 40.5 Ft Se Cor Oak Park 2nd Add 111111 ` 1 3 . ,... . .. . _ . . ., , '''..i..,''' 4., no . . • • 1. it ^ _ lk end°^'' 1. 9441. _- �_ e.arr..r•. - A • f .t ,. t 1