HomeMy WebLinkAbout03-24-2025 Agenda PacketOFFICE OF THE CITY CLERK
BIANCA L. TIRADO, CITY CLERK
INTEGRITY | SERVICE | ACCESSIBILITY
Elivet Quijada-Navarro Matthew Neal
CHIEF OF STAFF / CHIEF DEPUTY CITY CLERK DEPUTY CITY CLERK / DIRECTOR OF POLICY
EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT
455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov
MEMORANDUM
TO: MEMBERS OF THE COMMON COUNCIL
FROM: BIANCA L. TIRADO, CITY CLERK
DATE: THURSDAY, MARCH 20, 2025
SUBJECT: COMMITTEE MEETING NOTICE
The following Common Council Committee Meetings have been scheduled for Monday, March 24, 2025:
Council Chambers
4th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting
Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/032425CC
6:40 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS
1.Bill No. 05-25 - Amending the Zoning Ordinance for Property Located at 3527
Lincolnway West
Council President Canneth Lee has called an Informal Meeting of the Council which will commence
immediately after the adjournment of the Zoning & Annexation Committee Meeting.
INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE
1. Discussion of Council Agenda
2.Update and Announcements
3. Adjournment
cc: Mayor James Mueller
Committee Meeting List
Media
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible
1
SOUTH BEND COMMON COUNCIL
M EETING A GENDA
Monday, March 24, 2025
7:00 P.M.
The South Bend Common Council meeting will be open to the public
at the Council Chambers on the 4th floor of the County-City Building, 227 W.
Jefferson Blvd., South Bend, IN 46601
or available by way of a virtual meeting using the Microsoft Teams Meeting
App. Public access to the meeting can be granted by this Microsoft Teams Link:
https://tinyurl.com/SBCC032425
1. INVOCATION
FATHER ARTHUR JOSEPH SSEMBAJJA | ST. ANTHONY DE PADUA CATHOLIC
PARISH
2. PLEDGE TO THE FLAG
3. ROLL CALL
4. REPORT FROM THE SUB-COMMITTEE ON MINUTES
MARCH 10, 2025
5. SPECIAL BUSINESS
6. REPORTS FROM CITY OFFICES
MAJOR PROJECTS UPDATE & 2025 PRIORITIES - DEPARTMENT OF INNOVATION &
TECHNOLOGY
7. COMMITTEE OF THE WHOLE TIME:_____
BILL NO.
05-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 3527 LINCOLNWAY WEST
2
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA
8.BILLS ON THIRD READING TIME:______
BILL NO.
05-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING
ORDINANCE FOR PROPERTY LOCATED AT 3527 LINCOLNWAY WEST
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND,
INDIANA
9.RESOLUTIONS
10.BILLS ON FIRST READING
BILL NO.
15-25 FIRST READING ON 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 1335 CORBY BOULEVARD COUNCILMANIC DISTRICT NO.
4 IN THE CITY OF SOUTH BEND, INDIANA
16-25 FIRST READING ON 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 1253 CORBY BOULEVARD COUNCILMANIC DISTRICT NO.
4 IN THE CITY OF SOUTH BEND, INDIANA
17-25 FIRST READING ON 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 3401 WESTERN AVENUE COUNCILMANIC DISTRICT NO.
2 IN THE CITY OF SOUTH BEND, INDIANA
18-25 FIRST READING ON 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 1701 HICKORY ROAD COUNCILMANIC DISTRICT NO. 4 IN
THE CITY OF SOUTH BEND, INDIANA
19-25 FIRST READING ON 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
3
20-25 FIRST READING ON AN ORDINANCE OF THE SOUTH BEND COMMON
COUNCIL CREATING THE 2024 RDA TAXABLE LEASE RENTAL
REVENUE BOND CAPITAL FUND (#457)
21-25 FIRST READING ON AN ORDINANCE OF THE SOUTH BEND COMMON
COUNCIL CREATING THE 2024 RDA LEASE RENTAL REVENUE BOND
CAPITAL FUND (#458)
22-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING
DESCRIBED PROPERTY: THE PORTION OF THE RIGHT-OF-WAY ALONG
THE SOUTH SIDE OF MARION STREET AND EAST SIDE OF MAIN
STREET FROM THE ROUNDABOUT AT MICHIGAN STREET AND
MARION STREET SOUTHWESTERLY TO MADISON STREET
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. PRIVILEGE OF THE FLOOR
14. ADJOURNMENT TIME: _________
Notice for Hearing and Sight Impaired Persons
Auxiliary Aid Or Other Services Are Available Upon Request At No Charge.
Please Give Reasonable Advance Request When Possible.
In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated
into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City
Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English
version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana.
2025 COMMON COUNCIL STANDING COMMITTEES (Rev. 03-10-2025)
COMMUNITY INVESTMENT COMMITTEE
Oversees the various activities of the Department of Community Investment. This Committee reviews all
real and personal tax abatement requests and works closely with the Business Development Team.
Troy Warner, Chairperson Sherry Bolden-Simpson, Member
Karen L. White, Vice-Chairperson Thomas Gryp, Citizen Member
Ophelia Gooden-Rodgers., Member Kaine Kanczuzewski, Citizen Member
COMMUNITY RELATIONS COMMITTEE
Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood
Development, and Community Resources Teams within the City’s Department of CI and is charged with
facilitating partnerships and ongoing communications with other public and private entities operating within
the City.
Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member
Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member
Citizen Member
COUNCIL RULES COMMITTEE
Oversees the regulations governing the overall operation of the Common Council, as well as all matters of
public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code.
Canneth Lee, Member Troy Warner, Member
Rachel Tomas Morgan, Member
HEALTH AND PUBLIC SAFETY COMMITTEE
Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code
Enforcement, ordinance violations, and related health and public safety matters.
Rachel Tomas Morgan, Chairperson Sharon McBride, Member
Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member
Sheila Niezgodski, Member Citizen Member
Citizen Member
INFORMATION AND TECHNOLOGY COMMITTEE- Innovation
Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of
Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge
of developments in this area. Reviewing and proposing upgrades to computer systems and web sites,
developing availability and access to GIS data and related technologies are just some of its many activities.
Rachel Tomas Morgan, Chairperson Sharon McBride, Member
Sherry Bolden-Simpson, Vice-Chairperson Citizen Member
Dr. Oliver Davis, Member Citizen Member
PARC COMMITTEE- Venues Parks and Arts (Parks, Recreation, Cultural Arts & Entertainment)
Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium,
Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art,
Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by
the Department of Venues Parks and Arts.
Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member
Karen L. White, Vice- Chairperson Troy Warner, Member
Citizen Member
PERSONNEL AND FINANCE COMMITTEE
Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed
salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and
related matters.
Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member
Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member
PUBLIC WORKS AND PROPERTY VACATION COMMITTEE
Oversees the various activities performed by the Building Department, the Department of Public Works and
related public works and property vacation issues.
Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member
Ophelia Gooden-Rodgers, Vice-Chairperson Troy Warner, Member
Carl Littrell, Citizen Member Jason Piontek, Citizen Member
RESIDENTIAL NEIGHBORHOODS COMMITTEE
Oversees the various activities and issues related to neighborhood development and enhancement.
Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member
Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member
Gabriel Murei, Citizen Member
UTILITIES COMMITTEE
Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau
of Sewers, and all related matters.
Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member
Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member
Firdia Johnson, Citizen Member Joseph Mayer, Citizen Member
ZONING AND ANNEXATION COMMITTEE
Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan
Commission and the Historic Preservation Commission, as well as all related matters addressing annexation
and zoning.
Dr. Oliver Davis, Chairperson Troy Warner, Member
Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member
Henry Davis Jr., Citizen Member Stacey Odom, Citizen Member
________________
SUB-COMMITTEE ON MINUTES
Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings
of the Common Council and makes a recommendation on their approval/modification to the Council.
Troy Warner, Member Sherry Bolden-Simpson, Member
2025 COMMON COUNCIL STANDING COMMITTEES (Rev.03-10-2025)
CANNETH LEE, 1ST District Council Member
President
Council Rules Committee, Member
OPHELIA GOODEN-RODGERS, 2nd District Council Member
Community Relations Committee, Chairperson
Public Works & Property Vacation Committee, Vice-Chairperson
Community Investment Committee, Member PARC Committee, Member
Residential Neighborhoods Committee, Member Utilities Committee, Member
SHARON L. MCBRIDE, 3rd District Council Member
PARC Committee, Chairperson Residential Neighborhoods Committee, Member
Health & Public Safety Committee, Member Information & Technology Committee, Member
TROY WARNER, 4TH District Council Member
Chairperson, Committee of the Whole
Community Investment Committee, Chairperson Health and Public Safety, Vice-Chairperson
Council Rules Committee, Member Public Works & Property Vacation, Member
PARC Committee, Member Sub-Committee on the Minutes, Member
Zoning & Annexation Committee, Member
SHERRY BOLDEN-SIMPSON, 5TH District Council Member
Utilities Committee, Chairperson Community Relations Committee, Member
Information & Technology, Vice-Chairperson Community Investment Committee, Member
Sub-Committee on Minutes, Member
SHEILA NIEZGODSKI, 6TH District Council Member
Personnel & Finance Committee, Chairperson
Public Works & Property Vacation, Chairperson Health & Public Safety Committee, Member
Residential Neighborhoods Committee, Vice-Chairperson Community Relations Committee, Member
Utilities Committee, Member
DR. OLIVER DAVIS, AT LARGE Council Member
Zoning & Annexation Committee, Chairperson Public Works & Property Vacation Committee, Member
Utilities Committee, Vice-Chairperson Information & Technology Committee, Member
Personnel & Finance Committee, Member Health & Public Safety Committee, Member
RACHEL TOMAS MORGAN, AT LARGE Council Member
Vice-President
Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member
Information & Technology Committee, Chairperson
Zoning & Annexation Committee, Vice-Chairperson
Council Rules Committee, Member
KAREN L. WHITE, AT LARGE Council Member
Residential Neighborhoods Committee, Chairperson Personnel & Finance Committee, Vice-Chairperson
Community Investment Committee, Vice-Chairperson Zoning & Annexation Committee, Member
Community Relations Committee, Vice-Chairperson PARC Committee, Vice-Chairperson
't'-0 ?LAN Co
� u' � '/:-0 0 V, z
• Fsr"18USHf:01°1.0'
City of South Bend
PLAN COMMISSION
March 18, 2025
South Bend Common Council
227 W. Jefferson Blvd., 4th Floor
South Bend, TN 4660 I
County-City Building
227 W. Jefferson Blvd. 1400S
South Bend, IN 46601
(S7 4) 235-7627
www.southbendin.gov/zoning
Filed in Clerk's Office
�AA � 1 8 2025
Bianca Tirado City Clerk, South Bend, IN
Re: Bill#05-25 - A proposed ordinance of CECILIA BROWN to zone from SI Suburban Neighborhood I
to UF Urban Neighborhood Flex, property located at 3527 LJNCOLNW A Y, City of South Bend - PC#
0244-25
Dear Council Members:
J hereby Certify that the above referenced ordinance of CECILIA BROWN was legally advertised on
February 7, 2025, and that the South Bend Plan Commission at its public hearing on March 17, 2025,
took the following action:
Upon a motion by Francisco Fotia, being seconded by Scott Ford and unanimously carried, a
proposed ordinance of CECILIA BROWN to zone from SI Suburban Neighborhood I to UF Urban
Neighborhood Flex, property located at 3527 LINCOLNW A Y, City of South Bend, is sent to the
Common Council with a FAVORABLE recommendation.
The staff report is attached. The deliberations of the Plan Commission and points considered in arriving at
the above decision are shown in the minutes of the public hearing. Minutes of the public hearing are
available in our office and will be posted on our website once approved.
Sincerely,
;(tUu_� Kari Myers
Zoning Specialist
Attachment
CC: CECILIA BROWN
Bob Palmer
Tim Corcoran
Planning Director
Tim Corcoran
Interim Zoning Administrator
Jason Piontek
Commission President
05-25
Staff Report — PC#0244-25 March 17, 2025
Property Information
Location: 3527 LINCOLNWAY
Owner: CECILIA BROWN
Requested Action
Rezone from S1 Suburban Neighborhood 1 to OF Urban Neighborhood Flex
Project Summary
Utilize an existing house as a day spa.
Location Map
w
1 — _ I
I . T
r f s.
NS1
S1
S1 U1
NsSi
w
S 1 c
p s1
4INcO<^/' I
ss.. qYkfr
r, _
r \ S1
NORTH
ORiRitliA
Recommendation
Staff Recommendation: Based on information available prior to the public hearing, the staff
recommends the Plan Commission send the rezoning petition to the Common Council with a
favorable recommendation.
Filed in Clerk's Office
SOUTH BEND PLAN COMMISSION MAR 1 8 2025 Page 1 of 4
Bianca Tirado
City Clerk, South Bend, IN
Staff Report -PC#0244-25 3/17/2025
Proposed Site Plan
T ,
1 I6
k ..imit,,,i, _
it, t_....._.. - '
r
A now
r
F
fir' f' '
J
s
1 IS
Rr{ AV
fi
r_
r ]
f-
MICI ;
F,.
SOUTH BEND PLAN COMMISSION Page 2 of 4
Staff Report-PC#0244-25 3/17/2025
Site & Context
Land Uses and Zoning:
On site: A 2,355 square foot house
North: Across Elwood Avenue, residential dwellings zoned U1 Urban Neighborhood 1
East: An office zoned UF Urban Neighborhood Flex
South: Across Lincoln Way West, an office zoned UF Urban Neighborhood Flex
West: A residential dwelling zoned S1 Suburban Neighborhood 1
District Intent:
The UF District is established to enhance and support a full range of housing types and small-
scale commercial uses found outside neighborhood centers in core and outlying areas of the
City.
Site Plan Description:
No substantial exterior work is proposed at this time. The interior of the house will be used as a
day spa.
Zoning and Land Use History and Trends:
A one unit dwelling was constructed on the site in 1916. Most recently, the house was utilized as
an office space and as a rental property.
Traffic and Transportation Considerations:
At this site, Lincoln Way West is a 64' wide street with one lane of traffic in each direction, a
center two-way left turn lane, and bike lanes.
Agency Comments
Agency Comments:
There are no additional comments at this time.
There are no Engineering comments at this time.
Criteria for Decision Making
Rezoning'
Per State Law, the Plan Commission and Common Council shall pay reasonable regard to:
1. Comprehensive Plan:
Policy Plan:
The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective
LU 2.2: Pursue a mix of land uses along major corridors and other locations identified on the
Future Land Use Map
Land Use Plan:
The Future Land Use Plan identifies this area for Low Density Residential, though the property is
adjacent to areas identified for Commercial (Office & Retail) and is proximal to an intersection
highlighted as a future Regional Commercial Node
Plan Implementation/Other Plans:
There are no other plans specific to this area.
2. Current Conditions and Character:
A 2,355 square foot one unit dwelling was constructed on the site in 1916.
SOUTH BEND PLAN COMMISSION Page 3 of 4
Staff Report-PC#0244-25 3/17/2025
3. Most Desirable Use:
The most desirable use, at this time, is one that is consistent with the built form and uses of the
surrounding area.
4. Conservation of Property Values:
Lincoln Way West is a major mixed-use corridor. The proposed use of the property as a day spa
should not have a negative impact on property values throughout the area.
5. Responsible Development and Growth:
It is responsible development and growth to allow for the site to be developed consistently with
the built form and uses of the surrounding area.
Analysis & Recommendation
Commitments: There are no commitments proposed at this time.
Analysis: Lincoln Way West is a major mixed-use corridor. Rezoning the property to UF would allow for
a small scale commercial use that is consistent with the built form and land use of the
surrounding area.The UF rezoning would still allow the property to host a full range of residential
uses, offering flexibility to respond to the needs of the community.
Recommendation: Based on information available prior to the public hearing, the staff recommends the
Plan Commission send the rezoning petition to the Common Council with a favorable
recommendation.
SOUTH BEND PLAN COMMISSION Page 4 of 4
40_
oaLnrv County-City Building
City of South Bend 227 W.Jefferson Blvd. 1400S
o South Bend,IN 46601
PLAN COMMISSION 574) 235-7627
www.southbendin.gov/zoning
es'AeosHE07.01°
February 18, 2025 Filed in Clerk's Office
Bianca Tirado
South Bend Common Council City Clerk, South Bend, IN
227 W. Jefferson Blvd.,4th Floor
South Bend, IN 46601
Re: Bill #05-25—A proposed ordinance of CECILIA BROWN to zone from S I Suburban
Neighborhood 1 to OF Urban Neighborhood Flex,property located at 3527 LINCOLNWAY,
City of South Bend- #0244-25
Dear Council Members:
Please be advised that the February 17, 2025, Plan Commission meeting was cancelled. The
above referenced item was scheduled for public hearing at your February 24, 2025, Council
meeting.
The petition is scheduled for public hearing at the March 17, 2025, Plan Commission meeting.
Please set it for public hearing at your March 24, 2025, Council meeting.
Feel free to contact our office if you have any questions.
Sincerely,
Kari Myers
Zoning Specialist
cc: Bob Palmer
Tim Corcoran Tim Corcoran Jason Piontek
Planning Director Interim Zoning Administrator Commission President
411
pLAN C County City Building
City of South Bend 227 W.Jefferson Blvd. 1400S
z South Bend, IN 46601
PLAN COMMISSION 574)235-7627
www.southbendin.gov/zoning
F'STABl15HE0 Zp2J
January 22, 2025 Filed in Clerk's Office
Honorable Committee Chair Davis
4th Floor, County-City Building BiancaTirado
South Bend, IN 46601 City Clerk, South Bend,IN
RE: 3527 Lincolnway West— PC#0244-25
Dear Committee Chair Davis:
Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced
location. Please include the attached Ordinance on the Council agenda for first reading at your
January 27,2025, Council meeting, and set it for public hearing at your February 24, 2025,
Council meeting. The petition is tentatively scheduled for public hearing at the February 17,
2025, South Bend Plan Commission meeting.The recommendation of the South Bend Plan
Commission will be forwarded to the Office of the City Clerk by noon on the day following the
public hearing.
The petitioner provided the following to describe the proposed project:
Rezone from S1 Suburban Neighborhood 1 to OF Urban Flex
If you have any questions, please feel free to contact our office.
Sincerely,
Kari Myers
Zoning Specialist
CC: Bob Palmer
Tim Corcoran Tim Corcoran Scott Ford
Planning Director Interim Zoning Administrator Commission President
Filed in Clerk's Office
BILL NO. 05-25
Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT
3527 LINCOLNWAY WEST COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF
SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Rezone from SI Suburban Neighborhood 1 to UF Urban Flex
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the
Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order
that the zoning classification of the following described real estate in the City of South Bend, St.
Joseph County, State of Indiana:
Beginning at a point Ninety-one feet six inches (91.6) West of the Northeast corner of the
West Half of the Northeast Quarter(NE '/)of Section Four(4)Township Thirty-seven(37)North,
Range Two (2) East; thence running South parallel with the East line of the West Half(W '/2) of
the Northeast Quarter(NE '/) of said Section Four(4) to the Northerly line of Lincolnway West,
formerly Michigan Road, thence Northwesterly along the Northerly line of said Road Two
Hundred Thirty-nine feet (239); thence North to the North line of said Section; thence East along
the North line of said Section, Two Hundred Twenty-four (224) feet to the place of beginning;
Excepting Therefrom a parcel of land described at a point Ninety-one and five tenths (91.5) feet
West of the Northeast corner of the Northwest Quarter (NW '/) of the Northeast Quarter (NE '/)
of said Section Four(4),Township and Range aforesaid;thence running due South to the Northerly
line of Lincolnway West, formerly Michigan Road;thence Northwesterly along the Northerly line
of said road, One Hundred Eight and Twenty-six hundredths (108.26) feet; thence in a due
Northerly direction to the North line of said Section; thence East along the Northline of said
Section, 100 feet to the place of beginning, all in St. Joseph County, Indiana.
be and the same is hereby established as UF Neighborhood Flex
SECTION II. This ordinance is and shall be subject to commitments as provided by
Chapter 21-12.07(0(7) Commitments, if applicable.
SECTION III. 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 -
C. of South Bend 227 W. Jefferson - Suite 1400S
y South Bend, IN 46601
PLAN COMMISSION znning(.Lsouthbendin.gov
Petition for Rezoning or Combined Public Hearing
Property Information
Tax Key Number: N` x _a c13 - 1c).y4
Address: 5 D-1 Lwr.cc4ln UA c- We- jvlL rRc,.t DN1 4-Vln ZLI
Owner: C,,-e.C_v\.vc. OLJY\
Legal Description. 1
i / / 6 /as-
Project Summary j LOUa lbt 1.44... cc..ZoY.e. 3S'.71 .L,,kn,c.bl h \rJ 4`.` LA-5+,
5D— Q--t N, 4 Let..1
c-ro,r•. S'L C S.b bn.,. n te: b err\-.000 O
OF L urbo.-,t e:, f4,5oa Floc) .
S would. v:„, -o c\)-e..,. o. to.-'-‘ S Qc` .`r‘S \(\ou.s.. .
Requested Action
Application includes (check all that apply)
Rezoning
Current District: Choose the current district Additional Districts, if applicablE
Proposed District Choose the proposed district Additional Districts, if applicablE
The Plan Commission and Council will consider the following in the review of a rezoning petition.
1) The comprehensive Plan;
2) Current conditions and the character of the current structures and uses in each district;
3) The most desirable use for which the land in each district is adapted;
4) The conservation of property values throughout the jurisdiction; and
5) Responsible development and growth.
Subdivision — complete and attach subdivision application
El Special Exception — complete and attach Criteria for Decision Making
Use requested:
Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Required Documents
Completed Application (including Contact Information)
Site Plan drawn to scale
Filing Fee
Additional documents as noted above
Contact information
Property owner(s) of the petition site:
Name:Ct G c-OVJV\
Address `jlp
CT
Name:
Address:
Name:
Address:
Contact Person:
Name: C rraL.Vr
Address: j Co 6 ur o_,
c -\, l 1 In I e1
Phone Number: 2 DQ(QO
E-mail: '(`f\(>tloAr v. cti t np , ON\
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:
EXHIBIT "A"
Property Description
Closing Date: December 4,2024
Buyer(s): Cecilia Brown
Property Address: 3527 Lincoln Way West,South Bend,IN 46628
PROPERTY DESCRIPTION:
Beginning at a point Ninety-one feet six inches(91.6)West of the Northeast corner of the West
Half of the Northeast Quarter(NE 1/4)of Section Four(4)Township Thirty-seven(37)North,
Range Two (2) East; thence running South parallel with the East line of the West Half(W 1/2)of
the Northeast Quarter(NE 1/4)of said Section Four(4)to the Northerly line of Lincolnway
West, formerly Michigan Road,thence Northwesterly along the Northerly line of said Road Two
Hundred Thirty-nine feet(239);thence North to the North line of said Section;thence East along
the North line of said Section,Two Hundred Twenty-four(224)feet to the place of beginning;
Excepting Therefrom a parcel of land described at a point Ninety-one and five tenths(91.5)feet
West of the Northeast corner of the Northwest Quarter(NW 1/4) of the Northeast Quarter(NE
1/4)of said Section Four(4),Township and Range aforesaid;thence running due South to the
Northerly line of Lincolnway West,formerly Michigan Road; thence Northwesterly along the
Northerly line of said road, One Hundred Eight and Twenty-six hundredths(108.26)feet;thence
in a due Northerly direction to the North line of said Section;thence East along the North line of
said Section, 100 feet to the place of beginning, all in St. Joseph County,Indiana.
Parcel ID#71-08-04-202-002.000-026
PROPERTY DESCRIPTION
File No.:HTGI-24-14643 Page 1 of I
41, cn I a
1- ilier,,,f.z . litiii ii. , -,...v., 0.
CI c 7.• '1,
Bulla
G.
St- r W.
3527 Lincoln Way West X
i 4 - , _ ., . ,. `i
te ,.
r "
a O-,
IL — 1i
a wl P, tesft .1 11 I.
it
ma'
s r k
J4
I 1, _.,,
yt .., ti __ -,I j
va —_._fin_ T-_ •
ood Ave IL
3527 Lincoln Way W ce
opOneSt 3
W _i0,enience store
T. Allen s Klnt
O Not torsi
t.. dry_ , iti, .,
iii.:, 4 1 '.
41
3 lot Ni ,
Way 3JohnWa r
S' ' .. . _
a: -'- 41
1ii,
7e
mi , . . „ ,
4:: e—
L.- . View
1 I'm .
3527 Lincoln Way W
O Directions A Start Q Save Fp Add lal
City of South Bend
BOARD OF ZONING APPEALS
March 11, 2025
Filed in Clerk's Office
I './1R 1 8 2 i�-1
Honorable Dr. Oliver Davis
4th Floor, County-City Building
South Bend, IN 46601
Bianca TiradoCity Clerk , South Bend INI
RE: Special Exception at 1335 Corby Boulevard
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 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.
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
15-25
Filed in Clerk's Office
BILL NO. 15-25 MAR 1 8 2
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 1335 CORBY BOULEVARD
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to allow 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:
1335 Corby Boulevard, South Bend, IN 46617. 018-5093-3306
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 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
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 W. Jefferson - Suite 1400S
6601
BOARD OF ZONING APPEALS
South Bend, IN
zoning@southbendinendin.gov
Petition for Variance - Special Exception
Property Information
0 18- i093 -3O(Tax Key Number:
Address: 1335 Corby Blvd, South Bend; IN 46617
Owner: ECO IN Investments LLC
Zoning: U1 Urban Neighborhood 1
Project Summary:
Owner is seeking approval to build a two family dwelling. The style will be consistent with the
scale and character of the surrounding neighborhood.
Requested Action
Special Exception/ Use Variance— complete and attach Criteria for Decision Making
Use requested:Two family dwelling
Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Filed in Clerk's Office
MAR 1 8 2025
Bianca Tirado
City Clerk, South Bend, IN
Required Documents
i Completed Application (including Criteria for Decision Making and Contact Information)
Site Plan drawn to scale flECEIVEflI)Filing Fee
FEB 2 7 2025
BY.
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 proposed two unit dwelling will be constructed in a manner that is
consistent with the surrounding area. The new two unit dwelling will
eliminate a currently vacant lot and provide more residents to the
neighborhood, thus increasing safety and improving the overall general
welfare.
2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
The proposed two unit dwelling will not injure or adversely affect the use of
the adjacent area or property values because it is in keeping with the
residential feel of the surrounding neighborhood, while offering gentle density
on a currently vacant lot.
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 two unit dwelling will match the scale and character of the surrounding
residential neighborhood. The architectural style of the two unit dwelling will
be consistent with the neighborood and will complement the existing housing
stock.
4)The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
The proposed use is consistent with the Comprehensive Plan because it
follows objective H1.1: encourage residential developments to contain a mix
of housing types, densities, price ranges, and amenities.
Contact Information
Property owner(s) of the petition site:
Name: ECO IN Investments LLC, Elissa Gunsorek
Address: 7821 Morse Rd
New Albany, OH 43054
Name:
Address'
Name:
Address:
Contact Person:
Name: Elissa Gunsorek
Address: 7821 Morse Rd
New Albany, OH 43054
Phone Number: 513 225 3421
E-mail:
egunsorek@eco-gv.com
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:
1
ADJACENT PROPERTY
011,5093-293
20.
1
I)
9
as
5g
s ai
7 1 I 7
r.
i
I
4 71
H'2
6
l :
dal
I 1
0
1111 0
q(]
p1wolf'I
G
e
I
PORGI AREA PORCH
s 0 o g e I 1E SETBACK
Tr a I
fi
Landow.
CORBY MO.
04
N w r' 1 Thomas_Keri,Architect
a'=° Duplex Residence g't _ i
m 3 g P a 118 Pinelands PI1I;t 1335 Corby Blvd.
i South Bend,IN 48817 Travelers Rest,SC 29690
Pax
n,-
88 P8M.4)808.3420 tkodosconagcom
City of South Bend
BOARD OF ZONING APPEALS
March 11, 2025
Honorable Dr. Oliver Davis
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception at 1253 Corby Boulevard
Dear Committee Chair Dr. Davis:
Filed in Clerk's Office
f ... � 1 8 2 • i
Bianca Tirado City Clerk , South Bend, IN
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 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.
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
16-25
Filed in Clerk's Otticc
BILL NO. 16-25
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 1253 CORBY BOULEVARD
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to allow 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:
1253 Corby Boulevard, South Bend, IN 46617. 018-5092-3283
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 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
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 7 W. Jefferson - Suite 1400S
South Bend, IN 46601
BOARD OF ZONING APPEALS zoning@southbendin.gov
Petition for Variance - Special Exception
Property Information
Tax Key Number: 018-5092-3283
Address: 1253 Corby Blvd. South Bend, IN 46617
Owner: EGO IN Investments LLC
Zoning: U1 Urban Neighborhood 1
Project Summary:
Owner is seeking approval to build a two family dwelling. The style will be consistent with the
scale and character of the surrounding neighborhood.
Requested Action
Special Exception/ Use Variance— complete and attach Criteria for Decision Making
Use requested:Two family dwelling
Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Filed in Clerk's Office
Bianca Tirado
City Clerk, South Bend, IN
Required Documents
Completed Application (including Criteria for Decision Making and Contact Information)
Site Plan drawn to scale
C'VE1±d Filing Fee
FEB 2 7 2025
BY:
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 proposed two unit dwelling will be constructed in a manner that is
consistent with the surrounding area. The new two unit dwelling will
eliminate a currently vacant lot and provide more residents to the
neighborhood, thus increasing safety and improving the overall general
welfare.
2)The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
The proposed two unit dwelling will not injure or adversely affect the use of
the adjacent area or property values because it is in keeping with the
residential feel of the surrounding neighborhood, while offering gentle density
on a currently vacant lot.
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 two unit dwelling will match the scale and character of the surrounding
residential neighborhood. The architectural style of the two unit dwelling will
be consistent with the neighborood and will complement the existing housing
stock.
4) The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
The proposed use is consistent with the Comprehensive Plan because it
follows objective H1.1: encourage residential developments to contain a mix
of housing types, densities, price ranges, and amenities.
Contact Information
Property owner(s) of the petition site:
Name: ECO IN Investments LLC, Elissa Gunsorek
Address: 7821 Morse Rd
New Albany, OH 43054
Name:
Address:
Name:
Address:
Contact Person:
Name: Elissa Gunsorek
Address: 7821 Morse Rd
New Albany, OH 43054
Phone Number: 513 225 3421
E-mail:
egunsorek@eco-gv.com
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:
ADJACENT PROPERTY
016S011242B1
j
yr Itg
oemor il-- -- -
NY
I I
iii "AJ2icW
y
I " I
l s I
Z I XXX
i i
I i
I 1
I I
I I
I I
P> m:
I I I
Ip..
rink I i
a i 1 °
2 a --J° I
1 cl jo 0 13
oa oo
I I
I I
I 1 I
I I
I IIII
I I
i.11 qi PORCH AREA PORCH AREA
3
O a 8
l tgSETUP,
11E rrM a!§
I I
SWEWALN
Landenrye
CORBY BLVD. CORBY BLVD.
J
Y i
a I i N H = Thomas Keri,Architect
D 2
4'-'*,:;.9'
Duplex Residence d
O p w 1253 Corby Blvd. i 118 Pinelands PI
South Bend,IN 46817 A Travelers Rest,SC 29690
Z
n
IB94)800.3420 W.udesOH5ORRlrnxn
SC
City of South Bend
BOARD OF ZONING APPEALS
March 12, 2025
Honorable Dr. Oliver Davis
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception at 3401 Western Avenue
Dear Committee Chair Dr. Davis:
Fifed in Clerk's Office
L. R 1 8 2n_5
Bianca Tirado City Clerk, South Bend, IN
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 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 beer/wine/liquor sales.
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
17-25
Filed in Clerk's Office
18 2025
BILL NO. 17-25
Bianca Tirado
City Clerk, South Bend, IN
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 3401 WESTERN AVENUE
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to permit beer/wine/liquor sales
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:
3401 Western Avenue, South Bend, IN 46619. 018-4061-2284
In order to permit beer/wine/liquor sales.
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
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
South Bend, IN 46601
BOARD OF ZONING APPEALS zoning@southbendin.gov
Petition for Variance - Special Exception
Property Information
Tax Key Number:018-4061-2284
Address: 3401 Western Ave. South Bend, IN 46619
Owner: Lakshmi Priya and Kaur Ravneet
Zoning: NC Neighborhood Center LI
Project Summary:
The premise was used as Bar and serve liquor at the premise. This use of premise is recently
changed to sell liqour which is taken out of the premise for consumption, assuming the orginal
use permit is valid to sell. So we apply for a special exception in the NC district to sell the liquor.
Requested Action
Special Exception/ Use Variance — complete and attach Criteria for Decision Making
Use requested:
Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Filed in Clerk's Office
MAR 18 2025
Bianca Tirado
City Clerk, South Bend, IN
Required Documents
Completed Application (including Criteria for Decision Making and Contact Information)
Site Plan drawn to scale
El 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:
This site was operated as Liquor Bar earlier,was operated without injurious
to the public health, confort, community moral standards, convenience of
general welfare, now we want to add liquor sale so customer could buy and
take it out of the facility to consume (retailing)
2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
Adjacent properties are also in retail business, on the right side is Gas
station and convenience store, and on the left side is Dollar General retail
merchant store so will not affect the use of the adjacent area or propery
value.
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:
It is commerically zoned and allowed for retail business purpose, and bring
economic activity to the neighborehood and convenience to the public.
4) The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
We have all the occupancy and permits conforming to city business
functions and met all the safety requirements in the building.
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: Lakshmi Priya
Address: 6520 Lake Crest Cir
South Bend, IN 46628
Name: Kaur Ravneet
Address: 6520 Lake Crest Cir
South Bend, IN 46628
Name:
Address:
Contact Person:
Name: Palwinder Singh
Address: 53114 Turning Leaf Dr
South Bend, IN 46628
Phone Number:
574 209 1637
contact@expoempires.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:
a Lam_
n
n
r'1 ^SHIM i /l A' = l rt‘,1 n r•
lit:
f M1 _,
Family Dollar yGasSi12(
r ,
wT
us- Alif 1., - Au
if i
le ?
ishritlLllllI•^ 3
C. L 3c
Mr.Discount Grill and Liquor— 3401 Western Ave, South Bend, In 46619-
Site Plan- Mr Discount Grill and Liquor- 3401 Western Ave, South Bend, In 46619- Parcel ID:
Stock Room
Liquor o
Shelf Kirchen o
3
Door
0
x
O
m
ti
0
0
Bar Tables
Exit Door
Western Avenue
City of South Bend
BOARD OF ZONING APPEALS
March 17, 2025
Honorable Dr. Oliver Davis
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception at 1701 Hickory Road
Use Variance at 1701 Hickory Road
Dear Committee Chair Dr. Davis:
Filed in Clerk's Office
t .. " 1
Bianca Tirado City Clerk, South Bend, IN
Enclosed is an Ordinance for the proposed Special Exception and Use Variance at the above
referenced location. 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 Park and Open Space use in 51 Suburban Neighborhood 1
A Use Variance to allow Entertainment and Recreation, Indoor use in Suburban Neighborhood 1
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
18-25
Filed in Clerk's Office
BILL NO. 18-25 P"^Z 1 8
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 1701 HICKORY ROAD
COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Special Exception to allow Park and Open Space Uses in S1 Suburban Neighborhood 1
Use Variance to allow Entertainment and Recreation, Indoor Use in S1 Suburban
Neighborhood 1
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 and Use Variance be granted for property located at:
1701 Hickory Road, South Bend, IN 46635. 024-1001-0439
In order to permit Park and Open Space Use, and to allow Entertainment and Recreation,
Indoor Use in S1 Suburban Neighborhood 1
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. As to the Special Exception, 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. As to the Use Variance, The Common Council of the City of South Bend,
Indiana, hereby finds that:
1. The approval will not be injurious to the public health, safety, morals, and general
welfare of the community;
2. The use and value of the area adjacent to the lot included in the variance will not be
affected in a substantially adverse manner;
3. The strict application of the terms of the zoning ordinance will constitute an
unnecessary hardship if applied to the lot for which the variance is sought; and
4. The approval does not interfere substantially with the Comprehensive Plan.
SECTION V. 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 VI. 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 227 W. Jefferson - Suite 14005
South Bend, IN 46601
BOARD OF ZONING APPEALS zoning@southbendin.gov
Petition for Variance - Special Exception
Property Information
Tax Key Number: 024-1001-0439 and 024-1001-043601
Address: 1701 & 1709 Hickory Road
Owner: East Side Baseball Softball Association and Department of Public Parks
Zoning: S1 Suburban Neighborhood 1
Project Summary:
East Side Baseball Softball Association is partnering with Venue Parks &Arts to develop a
baseball & softball complex with multiple fields and an indoor training facility. The new
development will allow for the hosting of regional tournaments and offer improved opportunities
to the area youth.
Requested Action
Special Exception Requested: Park & Open Space
Use variance requested: Entertainment& Recreation, Indoor
Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
1) From the required Building Type or Frontage Type
2) From the 20' Minimum side setback to 0' (S1 Parcel)
3) From the 35' maximum building height in S1 to 56'
4) From the 20' Minimum parking setback abutting OS District to 0'
5) From the 10' Minimum parking setback to 0' (OS Parcel)
Filed in Clerk's Office
Bianca Tirado
City Clerk, South Bend, IN
Required Documents
Completed Application (including Criteria for Decision Making and Contact Information)
Site Plan drawn to scale
Filing Fee
Criteria for Decision Making
Special Exception-ff 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 proposed uses will not be injurious to the public health, safety, or
general welfare of the community. The proposed development will be a
public-private partnership designed to serve the community and offer
valuable amendities to the general public.
2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
The proposed uses will allow for the development of a park facilities that will
compliment the use and value of adjacent areas. The park is located in close
proximity to indoor recreation spaces. In addition to the nearby recreational
facilities, the proposed development is in close proximity to multifamily and
commercial development. The active park space will create a new amenity
for the the multifamily to the east and single family to the west.
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 existing baseball and softball facilities are located on a mix of properties
zoned OS Open Space and S1 Suburban Neighborhood 1. The proposed
development is primarily located on the portion of the property zoned OS
Open Space, which allows for the use. The portion of the development zoned
S1 Suburban Development 1 is surrounding by similar and supporting
developments consistent with the proposed use.
4)The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
The proposed use is consistent with City Plan (2006) Object PF5.1: Provide
and maintain a range of parks and recreational facilities through the City;
Policy PF5.1.2 Provide a balance of active and passive recreation
opportunities in the City park system; and Policy PF5.1.3 Partner with
schools, colleges, private organizations, and neighboring jurisdictions to
provide adequate recreation facilities for the general public.
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 proposed variances will not be injurious to the public health, safety, and
general welfare of the community. The variances requested are along a common
lot line, interior to the project.
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 use and value of adjacent properties should not be impacted by the
variances requested because they are interior to the development.
3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
The strict application of the Ordinance would require setbacks on the interior of
the project, which would result in the development being constructed in a
manner that is not cohesive. The Ordinance recognizes the development of
multiple parcels as a singular zoning lot, but only if under common ownership.
The Ordinance does not recognize a common development under a
public-private partnership.
4) The variance granted is the minimum necessary, because:
The variances proposed relate only to the interior lot lines. The development
meets the requirements of the Zoning Ordinance on all exterior lot lines,
providing the appropriate buffering and setbacks impacting surrounding
properties.
5) The variance does not correct a hardship caused by a former or current owner of
the property, because:
The variance requested does not correct a hardship caused by the current or
former owner. The Ordinance does not anticipate a public-private partnership
such as the one proposed.
Contact Information
Property owner(s) of the petition site:
Name: East Side Baseball Softball Association
Address: PO Box6112
South Bend, IN 46660
Name: Department of Public Parks
Address: 301 S St. Louis Blvd
South Bend, IN 46617
Name: City of South Bend Public Parks
Address: 321 E Walter St
South Bend, IN 46614
Contact Person:
Name: Danch, Harner&Associates-Attn: Angela Smith
Address: 1643 Commerce Drive
South Bend, IN 46628
Phone Number: 574-234-4003
E-mail:
asmith@danchharner.com
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:
1 iYJ,(.J- JJ E •D F
III .a- '—?
ea..-.,E.
o,eta„ K I L
ARCHITECTURE PLANNING
nt-W%; 11.,uNCO 'AAY E,1
SOUTHBENC,IN CEED1
6112eV
anvrcn l NE NlgM1
4
4
f JT•
j1N-tiITF PARKIN!;:
EXL4TN
HREINE
P
1 1 '
I. SC LOT aPPX 645P:
2- ESLL FIELD I nits) APPX Ist sp. C
3.4 µ8 LIIM LOT.APP`P1 P.
1 TOTAL EXOT APPX 009 SPev-
r li 1 _
a.....
i
r
1 PROPOSED COUNT:
xxP 1
I. TARKIN(iTON LDT.iF<SP.
A .I',
a_._.,-•.
I TOTAL PROP 194 SP.
V
1
S 1 - TOTAL_ONSIIE APP%5995P.,•
i P709141 6 ZONING DATA
4 ':
4°'
r: 1709 HICKORY ROAD:
1 e.. y---\ / PAZCE.S:020.1001-04]6L1
i i i!
Y MIN.SFTDACKSENt4Garent to SI.S2,
8 Tji>3 I ul IR)
t
1 i`-+ I \ I I ,i j
r"
SREAR:'i MASTER
I_ l.1.1 I i101 HICKORY ROAD.PLAN
1
p' % PARC II..e 020.10Ut-CASv
WY
J
ZONING SI SUGRLIDAN
R NFIGHBOHHOOU
C MIN.SFTRACKS 04,In0Jwenua, BOCTH TAR KINGT NPARK
a. FRONT 2v^ SoWn Bann.N 4'695
SIDE 20 ISBOEHMPARKa.,\ i r`
r
0. ROAR ' Sou°Rene.N4661T
y
I !
S-1 '
i I ! 0061 EpSON ROAD
4r I 1 t_,
I , PARCELY 02a1004-0'i2
it t .v. .-a.=s ONING.CS OCEN SPACL KAP,Z4009
f 1
y
aFTR CKSFROST mM to St SO,.1.UcI
b.
1 WEARIDF.10141
t `, I al
s' a ROOD 2.ARCHITECTURAL
jet..._
i SITE PLAN-
i ,'ON II KO P.N-"10RKoeGmN PARK TARKINGTON
sti I I fjlI,,,i t..— 1
PARK
r" I 1
f 1 1 . •--•--•l^-€`-- -, .. _ - i 1 I mnHlirf.P'.
I
I
CCKKC KC«
1 T,TaN.GTON 90 MASTER PLAN
Ai 00 B
City of South Bend
BOARD OF ZONING APPEALS
March 13, 2025
Honorable Dr. Oliver Davis
4th Floor, County-City Building
South Bend, IN 46601
Filed in Clerk's Office
Bianca Tirado City Clerk, South Bend, IN
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,
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
19-25
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
County-City Building
227 W Jefferson Blvd Suite, 1200 N
South Bend, IN 46601
Jam es Mueller, Mayor
March 19th, 2025
Canneth Lee, President City of South Bend Depa rtm en t ofAdm in istra tion & Fina nee
Division of Human Resources
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 4660 I
RE: Creation of Fund 457 Ordinance
Dear President Lee,
Phone 311 inside City limits
Em ail 311@southbendin.gov
Website Southbendin.gov
Filed in Clerk's Office
I, l� 1 9 2:._5
Bianca Tirado City Clerk, South Bend, IN
During the past several years, it has been the practice of the Controller's Office to have the
Common-Council approve the creation of a new fund as required by our internal policies. Fund
457 is being created for the purpose of receiving and disbursing the bond proceeds of the 2024
South Bend Redevelopment Authority Lease Rental Revenue Bonds, Series B that were issued to
fund the Madison Lifestyle District project.
I will present this bill to the Common Council at the appropriate committee and Council meetings.
It is requested that this bill be filed for I st reading on March 24th, 2025, with 2nd reading, public
hearing and 3rd reading scheduled for April 14th, 2025.
Thank you for your attention to this request. If you should have any questions, please feel to contact
me at 574-235-9822.
Regards,
Kyle Willis
City Controller
20-25
Filed in Clerk's Office
BILL NO. 20-25 MAR 1 9
Bianca Tirado
ORDINANCE NO. City Clerk, South Bend, IN
AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL
CREATING THE 2024 RDA TAXABLE LEASE
RENTAL REVENUE BOND CAPITAL FUND (#457)
STATEMENT OF PURPOSE AND INTENT
On February 6, 2023,the South Bend Common Council approved Resolution No. 4998-23
the "Bond Resolution"), which approved the issuance of the South Bend Redevelopment
Authority Taxable Lease Rental Revenue Bonds 2024, Series B (the "Bond") and approved the
execution of a lease between the South Bend Redevelopment Authority and the South Bend
Redevelopment Commission in connection with the Bonds. On July 18,2024,the Redevelopment
Authority issued the Series B Bonds to finance the cost of the Madison Lifestyle District project
as defined in the Bond Resolution).
It is in the best interests of the City to establish a new fund to account for the receipt and
disbursement of the proceeds of the Series B Bonds.
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The 2024 RDA Taxable Lease Rental Revenue Bond Capital Fund (#457)
is hereby established as a non-reverting fund for the purpose of accounting for the proceeds of the
Series B Bonds and any interest earnings thereon.
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
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
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
County-City Building
227 W Jefferson Blvd Suite, 1200 N
South Bend, IN 46601
Jam es Mueller, Mayor
March 191\ 2025
Canneth Lee, President
City of South Bend
Department of Administration & Finance
Division of Human Resources
City of South Bend Common Council
227 W. Jefferson Boulevard, 4th Floor
South Bend, Indiana 4660 I
RE: Creation of Fund 458 Ordinance
Dear President Lee,
Phone 311 inside City limits
Em ail 311@southbendin.gov
Website Southbendin.gov
Filed in Clerk's Office
MAR 1 9 202 i
Bianca Tirado City Clerk, South Be11d, IN
During the past several years, it has been the practice of the Controller's Office to have the
Common-Council approve the creation of a new fund as required by our internal policies. Fund
458 is being created for the purpose of receiving and disbursing the bond proceeds of the 2024
South Bend Redevelopment Authority Lease Rental Revenue Bonds, Series B that were issued to
fund the renovation and construction projects at Four Winds Field.
I will present this bill to the Common Council at the appropriate committee and Council meetings.
It is requested that this bill be filed for I st reading on March 24th, 2025, with 2nd reading, public
hearing and 3rd reading scheduled for April 14th, 2025.
Thank you for your attention to this request. If you should have any questions, please feel to contact
me at 574-235-9822.
Regards,
Xf tJ�
Kyle Willis
City Controller
21-25
Filed in Clerk's Office
BILL NO. 21-25 Bianca Tirado
City Clerk, South Bend, IN
ORDINANCE NO.
AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL
CREATING THE 2024 RDA LEASE RENTAL
REVENUE BOND CAPITAL FUND (#458)
STATEMENT OF PURPOSE AND INTENT
On April 8,2024,the South Bend Common Council approved Resolution No. 5073-24(the
Bond Resolution"), which approved the issuance of the South Bend Redevelopment Authority
Lease Rental Revenue Bonds of 2024(the"Bond")and approved the execution of a lease between
the South Bend Redevelopment Authority and the South Bend Redevelopment Commission in
connection with the Bonds. On July 12, 2024, the Redevelopment Authority issued the Bonds to
finance the cost of renovations and improvements to Four Winds Field at Coveleski Stadium (as
defined in the Bond Resolution).
It is in the best interests of the City to establish a new fund to account for the receipt and
disbursement of the proceeds of the Bonds.
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION I. The 2024 RDA Lease Rental Revenue Bond Capital Fund (#458) is hereby
established as a non-reverting fund for the purpose of accounting for the proceeds of the Bonds
and any interest earnings thereon.
SECTION II. This ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the Mayor.
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
Approved and signed by me on the day of 2025, at o'clock
m.
James Mueller, Mayor
City of South Bend, Indiana
BILL NO. ------
ORDINANCE NO. ___ _
Filed in Clerk's Office
P! R 1 9 t ....
Bianca Tirado
City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY:
THE PORTION OF THE RIGHT-OF-WAY ALONG THE SOUTH SIDE OF MARION
AND EAST SIDE OF MAIN FROM THE ROUNDABOUT AT MICHIGAN AND
MARION SOUTHWESTERLY TO MADISON
STATEMENT OF PURPOSE AND INTENT
Petitioner requests the vacation between the current property lines and the existing right
of-way in order to allow for a more cohesive development on the property.
Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the
authority to hear all petitions to vacate public ways or public places within the City. The following
Ordinances vacates the above-described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA as follows:
SECTION I. The Common Council of the City of South Bend having held a Public
Hearing on the petition to vacate the following property:
The portion of the right-of-way along the South side of Marion and East side of Main from
the roundabout at Michigan and Marion southwesterly to Madison, more particularly
described as set forth in Exhibit A
Hereby determines that it is desirable to vacate said property.
SECTION II. The City of South Bend hereby reserves the rights and easements of all
utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities,
including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water
control structures and ditches, within the vacated right-of-way, unless such rights are released by
the individual utilities.
SECTION III. The following properties may be injuriously or beneficially affected by
such vacating:
425 N Dr. Martin Luther King Jr Drive-Parcel ID# 018-1003-0095
416 N Main Street -Parcel ID # 018-1003-0089
SECTION IV. The purpose of the vacation of the real property is to allow for a more
cohesive development on the property as a result of vacating the area between the current property
lines and the existing right-of-way.
22-25
SECTION V. This Ordinance shall be in full force and effect after adoption by the
Common Council, approval by the Mayor, and any publication required by law, with an effective
date of 2025.
Canneth Lee, President,
South Bend Common Council
ATTEST:
Bianca Tirado, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana on the day of
2025, at o'clock .m.
Bianca Tirado, 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
EXHIBIT A
LEGAL DESCRIPTION FOR VACATION AREA:
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1,TOWNSHIP 37 NORTH,
RANGE 2 EAST, PORTAGE TOWNSHIP,CITY OF SOUTH BEND, ST.JOSEPH COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT#164,
OF THE RECORDED PLAT OF "THE TOWN, NOW CITY OF SOUTH BEND", AS SHOWN IN PLAT BOOK
1, PAGE #1; THENCE NORTH 00°28'51" WEST ALONG THE ORIGINAL EASTERLY RIGHT-OF-WAY
LINE OF MAIN STREET, A DISTANCE OF 20.63 FEET; THENCE ALONG THE SOUTHERLY RIGHT-OF-
WAY LINE OF THE MAIN-MARION STREET CONNECTOR FOR THE NEXT SIX (6) COURSES: ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 278.31 FEET, AN ARC LENGTH OF 189.94 FEET, WITH A
CHORD BEARING OF NORTH 18°25'45" EAST, AND A CHORD LENGTH OF 186.28 FEET, AND
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 211.78 FEET, AN ARC LENGTH OF
86.06 FEET,WITH A CHORD BEARING OF NORTH 52°27'43"EAST,ACHORD LENGTH OF85.47 FEET;
AND THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 200.00 FEET,AN ARC LENGTH
OF 73.99 FEET, WITH A CHORD BEARING OF NORTH 74°42'09" EAST, AND A CHORD LENGTH OF
73.57 FEET; AND THENCE NORTH 85°18'04" EAST, A DISTANCE OF 40.85 FEET; AND THENCE
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 100.00 FEET,AN ARC LENGTH OF 58.46 FEET,
WITH A CHORD BEARING OF SOUTH 77°57'07" EAST, AND A CHORD LENGTH OF 57.63 FEET;AND
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 104.80 FEET, AN ARC LENGTH OF
78.12 FEET, WITH A CHORD BEARING OF SOUTH 39°50'S5" EAST,AND A CHORD LENGTH OF 76.33
FEET,TO A POINT ON THE ORIGINAL WESTERLY RIGHT-OF-WAY LINE OF DR. MARTIN LUTHER KING
JR. BOULEVARD (FORMERLY KNOWN AS MICHIGAN STREET); THENCE SOUTH 00°34'56" EAST
ALONG SAID WESTERLY-RIGHT-OF-WAY, A DISTANCE OF 19.89 FEET TO THE SOUTHEAST CORNER
OF THE NORTH HALF OF LOT# 158 IN SAID PLAT; THENCE NORTH 40°47'35" WEST, A DISTANCE
OF 43.37 FEET TO A POINT ON THE NORTH LINE OF SAID LOT# 158; THENCE NORTH 57°55'12"
WEST, A DISTANCE OF 55.85 FEET;THENCE SOUTH 89°35'33"WEST PARALLEL WITH SAID NORTH
LINE OF LOT# 158, A DISTANCE OF 50.00 FEET; THENCE SOUTH 53°01'11" WEST, A DISTANCE OF
50.35 FEET TO THE NORTHWEST CORNER OF SAID LOT# 158; THENCE SOUTH 59°35'02" WEST,A
DISTANCE OF 16.15 FEET TO A POINT ON THE EAST LINE OF LOT # 167 IN SAID PLAT OF "THE
TOWN, NOW CITY OF SOUTH BEND"; THENCE SOUTH 49°29'24" WEST, A DISTANCE OF 90.04
FEET, TO A POINT ON THE SOUTH LINE OF SAID LOT# 167; THENCE SOUTH 38°14'39" WEST, A
DISTANCE OF 84.63 FEET, TO A POINT ON THE SOUTH LINE OF LOT#166 IN SAID PLAT; THENCE
SOUTH 31°25'21" WEST, A DISTANCE OF 16.48 FEET TO A POINT ON THE NORTH LINE OF LOT#
165 IN SAID PLAT; THENCE ALONG A CURVE TO THE LEFT WITH A RADIUS OF 328.10 FEET, AND
AN ARC LENGTH OF 71.29 FEET, WITH A CHORD BEARING OF SOUTH 21°19'32" WEST, AND A
CHORD LENGTH OF 71.15 FEET, TO A POINT ON THE NORTH LINE OF SAID LOT # 164; THENCE
SOUTH 89°35'01" WEST, ALONG SAID NORTH LINE OF SAID LOT# 164,A DISTANCE OF 8.52 FEET,
TO THE POINT OF BEGINNING.
SUBJECT TO ALL LEGAL RIGHT-OF-WAYS, EASEMENTS, AND RESTRICTIONS OF RECORD.
CONTAINING 0.46 ACRES, MORE OR LESS.
I 3 I 6 COUNTY-CITY BUILDING U _ ti d PHONE 574/235-9251
227 W.JEFFERSON BOULEVARD W \. D FAX 574/235-9171
SOUTH BEND,INDIANA 46601-1830 PEACE
J
x
1865
CITY OF SOUTH BEND JAMES MUELLER,MAYOR
BOARD OF PUBLIC WORKS
March 11,2025
Filed in Clerk's Office
Ms.Angela Smith9 t 5
Danch,Harper&Associates
1643 Commerce Drive Bianca Tirado
South Bend,IN 46628 City Clerk, South Bend, IN
asmith@danchharner.com
RE: ROW Vacation—416 N.Main St&425 N.Dr.Martin Luther King Jr.Dr. (Preliminary Review)
Dear Ms.Smith:
At its March 11, 2025 meeting, the Board of Public Works reviewed comments by the Engineering
Division, Community Investment, Fire Department, Police Department. The following comments and
recommendations were submitted:
Per IC 36-7-3-13,the vacation would not hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous.The vacation would not make access
to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation
would not hinder the public's access to a church, school or other public building or place. The
vacation would not hinder the use of a public right of way by the neighborhood in which it is located
or to which it is contiguous.
Therefore, the Board of Public Works submitted a favorable recommendation for the vacation of this
Right-of-way.If you still wish to pursue this street vacation,please bring this BPW Recommendation Packet to the
City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a
presentation to the Common Council,approval of an ordinance,and certification of the ordinance from the Mayor.
The property then must be recorded with the Recorder's Office to ensure that your 50%ownership of the property
is appropriately transferred to your name.If you have any questions about how the Right-of-way vacation will affect
your property taxes,please contact the Auditor's Office.
Sincerely,
s/Theresa Heffner
Theresa Heffner,Clerk
Enclosures
TH/hh
ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BREANA N.MICOU
v.2024-07-30
isouTR 134 STREET/ALLEY VACATION BPW APPLICATION
11` City of South Bend —Board of Public Works
PEASE S 227 W. Jefferson Boulevard, Ste. 1316
1865 South Bend, IN 46601
Date: 02/11/2025 Phone#: 574-234-4003
Name: Danch, Harner & Associates E-mail: asmith@danchharner.com
Property Address: 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr.
Applicant property information: Residential n Commercial Industrial
Describe the general street/alley location with boundaries (Ex: 1st East/West Alley,west of St. Peter St and
north of Howard St):
The Portion of the right-of-way along the South side of Marion and East side of Main from the round-about at
Michigan and Marion southwesterly to Madison. More particularly described in the attached legal description.
Describe the reason for the request,proposed use, and any changes made to the request following from
preliminary review:
When the State re-routed Main Street, the process to clean-up the right-of-way was not completed.
The property owner is seeking to vacate the area between the current property lines and the
existing right-of-way in order to allow for a more cohesive development on the property.
The following MUST be attached to this application:
300 payment(check or money order)
Preliminary review form with staff comments
Office Use Only
Fee Paid Date: 02/11/2025
Check/Money Order#: #48401
BPW Recommendation: MCavorable
CITY OF SOUTH BEND,INDIANA
BOARD OF PUBLIC WORKS
taiAltik
Elizabeth A.Maradik,President Joseph R.Molnar,Vice President
Gary A.Gilot,Member Breana Micou,Member
fjL.ivy Y—e<iO.
Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk
Date: March 11,2025
This application expires 90 days from the BPW meeting date,which is June 9,2025.
W\.! a
1865
INTEROFFICE MEMORANDUM
BOARD OF PUBLIC WORKS
DATE: February 11, 2025
TO: Kyle Ludlow, Public Works
Kara Boyles. Engineering
Chris Dressel, Community Investment
Derek Erquhart, Fire Department
Brad Rohrscheib, Police Department
FROM: Theresa Heffner, Clerk (theffner@southbendin.gov)
SUBJECT: REQUEST FOR RECOMMENDATIONS — ROW VACATION
APPLICANT: Danch, Harner&Associates
LOCATION: 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr.
PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED
ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA:
1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood
in which it is located or to which it is contiguous.
2. The vacation would/would not make access to the lands of the aggrieved person by means of public
way difficult or inconvenient.
3. The vacation would/would not hinder the public's access to a church, school or other public building
or place.
4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which
it is located or to which it is contiguous.
PUBLIC WORKS/ENGINEERING: Favorable recommendation, subject to relocation of utilities and
release of easements.
COMMUNITY INVESTMENT: Favorable Recommendation.
FIRE: Favorable Recommendation
POLICE: Favorable recommendation
v.2024-07-30
4 '
1;
8FM
STREET/ALLEY VACATION PRELIMINARY REVIEW
City of South Bend - Board of Public Works
PE CE`, 4 227 W. Jefferson Boulevard, Ste. 1316
1865 South Bend, IN 46601
Date: January 22, 2025 Phone#: 574-234-4003
Danch, Harner & Associates asmith@danchharner.com
Name:Email:
Property 416 N. Main and 425 N. Dr. Martin Luther King Jr. Dr.
Address:
Applicant property information: Residential It Commercial Industrial
Describe the general street/alley location with boundaries(Ex:1st East/West Alley,west of St.Peter St and north of Howard St):
The portion of the right-of-way along the South side of Marion and East side of Main from the round-about at
Michigan and Marion southwesterly to Madison. More particularly described in the attached legal description.
Is your property adjacent to the street/alley of interest? p Yes No
Do any property owners currently access the street/alley? Yes No
Is there a future property development plan associated with this request? Yes 0 No
Describe the reason for this vacation request and proposed use:
When the State re-routed Main Street, the process to clean-up the right-of-way was not
completed. The property owner is seeking to vacate the area between the current property lines
and the existing right-of-way in order to allow for a more cohesive development on the property.
This is a request for preliminary review of alley or street vacation with regard to Board of Public Works basic
criteria.Staff will review the information provided and give feedback to the applicant.
OFFICE USE ONLY:
Do less than 50%of properties on the full block have direct street access? Ej Yes No
Is this the only midblock connection? Yes No
Is the block length greater than 600'? Yes i No
Will the vacation result in:dead end alley,interference with bike route,violations of Yes i No
minimum traffic safety standards?
Are there public or private utilities in the alley? Yes 0 No
Preliminary Staff Comments:
Favorable response for this vacation request.
1.
VACATION DIAGRAM
PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 37 NORTH, RANGE 2 EAST,
CITY OF SOUTH BEND, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA.
LEGAL CESCRIPTION FOR VACATION AREA aERD
tt—
SAFE --SIB•—
N' .
3/4
DP.OTt OF SOUTH B
1. aE(IEELAI d RAF LEE-OExON-.TOWNSHIP G E; R.
N
RED.
Sr. wcowry.PARTICULARLY SESC.ED AS rNECWS RAW LNE R/W RM R/W LRE
CORNER Of HAS/ SS
THE PLAT
w PLAT 01.PP.OF
n- ar}e'31• W THE
OF-WA ME Of WN SMELT. A CF 20.83 T:^ MARION STREET (82.5' R/W)
E OR THE LH RIGHT.-Of
G A CURVEIA.-MARIONT SWEET gALONGTHEFORTHEHER (e)[N.W.S A CURVE TO RENT — CWITH A WOW Of 278.31 FEEL AN ARC
Ei A
169.94 FEET.MN A
0RO NORM .25•AS•E.AND
LENGTH
Lw10a0 UDWITI OF
RADIUS
186.2.
TBFEELANDAWND
LENGTH OF
CURVE TO THE RIHT A OF 31. N em A.)
FEET.AN NORTH
w 1T1EA3.RW
THENCE
A moue OF 1G0 FFui AN ARC LEIM.
HORD LEN.Of 83,FEET;AND E
Off]3 9 FE E R/W UNE IRE QA1
F/9clNG OF NORTH EAST. AND A CHORD LO.H Or ATs' - 'S X\\ \ \ I X (-o.37(HR)
73.52AFEET:AND M E eR•Ieb•EAST.A DISTANCE Of.85 FEET;y f
AND THENCE ALO.A CURVE m THE RANT w.A RADIUS Of 103.00 RET 9
I
OY ;sAis\\\, ,'j \\\\,, cn S
Am Lnw•Ix a a.e FEET,Mx A CHORD REARM a mum rrsrw•cAsr.I I Fw \\
F.• Illr \\\
I v
RENT w AIENOAnRS of
SOUTH 3E F35'EA
ARc tENem RD LE
EEET WTI A I a. t.`
O'
Q Am
E.
m•
F_
G EG E.
0110
ND
AroPDwraON11EHIOREwAI .RNM -w NW.Dfa o F-— N `af waE m
y
R:
It w++STRUM
Nsr
EAST...
ASTarm TarHciwRm HALF of I Rd TRACT a y•
i
4' f R g ate'' a®..THENCE mum 0014.5rm qq
LOT Ise N s o PUT;TTmCE worm aarss•VEST.A DmANCE v ASaT
l?4\\ 4, `,
3_
ro g
ON
ss.es FEET.
LOT I sR:THENCE N I - '4 `\2.
5\•,'
M1
O — ,
p was m...a.. (
0FEETTOAWsANORTHUNEOFSOD
mom
PAIN._W.SAID Nom LNE of LOT/tu,A DISTANCE o<MOO FEET;
p"
y` e~ F! F'¢ O a
T.
m WFr
THENCE
RE S
SSOt't t'WEST A
IN ERE M m]5 FEET m THE NORTH/JEST W E4'^a'N` m RE B AS AN
cMNER or sun or It 1st RIEKE soum s®35'dC WEST A E OF f uPn[m'
NUR' ^
I F'"O°I
FEET TO A ON ME EAST L.OF LOT/187 N T M m wont
3 N yryTMESTDWN.Now Cm Or souP ENo:THENCE soum aa2R•2A'NE A I \:: ,\ TRACT 3
dE
I TRACT 1
E
6I aes
DISTANCE OF 90b FEET.TO A POINT ON TIE mum LINE OF S.LOT I te>: I••a
THENCE SOUTH]Et A'a'Nt1T, A DISTANCE OF N.el FEET. m A PC.ON E. i 44'. '!• ;'8
Ey a
ME SO.uNE OF LOT/IN N SAD Mr;THENFE SM.31.311•WEST.g ? 7 W
A DISTANCE DF 164e FEET To A PONT ON THE NO.ALE OF Lm/LasN og Iz5SMOPUT:THENCE AWE A CURSE TO RE LEFT MN A RADIUS
FEET.AND AN ARC LENGTH OF 21.29 FEET MH A CHORD BEAM OF SOUTH IX I2R1a'Sr WEST.AND A CHORD LENGTH OF 31.15 FEET,TO A Paa ON THE A-ATSO•.NEE,.... P E.3
Yi .
aaOSePmakaA-A.
FproM ME Lot I,a.PENCE ENE eE35•D,-WES,. ALONG sTHE e m a
NORM UNE OF SOD LOT/184,A DISTANCE OF e32 FEET. TO THE TO THE
y SURVEY PARCEL nA
SECT TO
AuCONTAINING0.46 gMIL
RENT-OF-WAYS.
T-LESS.
EESEuwrs.AND REmnrnORS Of
9 4 2.43 ACRES± ...5,
W
RECORD. TRACT 2
a
ITT
H.• ib»924.AN A
s,
I F
3 J
I`-
PARCEL 8
9 f PARCEL 11
GI
J PARCEL]
EETO I
D) (asxw-ALE)
9' v.m'
o
no
aK. I RAW E
left RE
BPa5 —...
SSEA aI.•
RAV eE
s seat mm(
c:
R: I_oe)MEw)
SA'W
bAxDII-WE) I i
1 MADISON STREET (82.5' R/W)T
RM LRE RA,UK RAN UNE RAW,ALE
5
6•f]lcr.--vmr ,;,.,re g>.r 23i• . 1I .
1
lO1F}.yLER.aN4 i'.-ram 20aR
QbRt_w.a w—
S t..r r..-_
b ,Mm 2R,• 2 Tav sDR,or c :g.w• 1. I
33g9
3!DEcwm AVEs elu_ d d
THE ArowvAnow MOM CV INS ORAMAC IS WENDED FOR RE CLIENT ONLY.ANY 11.2 moiY rF
F
PURPOSE MENDED W.LE AT ME USERS DFnA3nTD,HE v2m stE+ET'oR tC t.
Nra,,L'-
FANYUm,'OR EMO.T LOCATORS.F SHOWN,ME APPROXIMATE THE cu.RUST FIELD
ToTN
RO OR
ACIEGIAINII
I
NE
E
HE SR N .ROADS ANY DISERRT a 2Re".Ta TEC i
MEN BY:
FIN RR
WMFATOR...MN
MOM._
0 de 80 120 smuvFns.CTEANFFEN / INE/2s REVISIONS 9EET
OR E.D..m
n T4
IPam RNER xc. SCALE ERASES fir FOE_Ill af
MR MIISPORTPLR,..TOED auDOTn N RnAwE,
SCALE 1". 40
RAT CO..T•=R0' MJo
466.
a+, ATM>Fxa AVM • 1I240193.3 AMR
ER OF SECTION 1. FD.I-IP
kI
1 02')(ON-11AI-
V OF SOUTH BEND, 017R'Lwi
ABED AS FOLLOWS: R/x UNE P/R UNE
Y
R/R,NE R/W UNE R/W USE `
THE RECORDED PLAT I
LAT BOOK#1,PAGE
ORIGINAL EASTERLY
0.63 FEET; THENCE MARION STREET (82.5' R/W)j -
RVE
ARION STREET _8
ONE TO THE RIGHT
19.94 FEET, WITH A
LENGRADIUS OF 1211.786636 I
N a9'35'28•E 19DA2•(1!,RADIUS OF
NORTH
4CE
BEARING OF CURE 710.00100
VCE ALONG A CURVE
y:Cm OF 73.99 FEET,UNE 0 UNE g•
R/R UNE
CHORD LENGTH OF
0 .
P(..--•`-`
J
Os(N33DJ
ICE OF 40.65 FEET; g
OF 700.00 FEET,AN MAS CO.'A&SOW-, - I S
LOH 7T57'07'FAST. 1 a1•s 0 lT0W ME . .15
e A CURVE 70 THE I I S
C •'.'
76.12 FEET,WITH A
C EXISTIN
LENGTH OF 76.33 Q' A o.'w. •Ia
WAY UNE OF DR. J:_` L.`:•.- =3 Awe r-R.l
Mr
20 SET DUE
TRuIOtil4' ` TRACT 4 ,9-uw9LE E :-• 0
4w a>0
158; THENCE NORTH
1•.•
q.•
ryw { :, e- CONC.CMR Jr/SPWYT 0- p't:H'"6R p
Sa Y GROSS R6MERII LTC FF-- E A R vv. (ETTH69'3533• WEST
4
S' u
o• F W
ICE OF 50.00 FEET; 31 4• 8:
V 1W O o-i rti
TO THE NORTHWESTOF e ---_ F+I
4, Ir.1m rtu 8
aT, A DISTANCE OF 0 1 •
T' _ -- `y3' OtNSLE TO SET DUE - T/ES f" N.iOO' _
7 WI SAID PLA OF
e'
y8' TOTRACT 3
PRESENT
TRACT 1 Y„1
1
49'29'24' WEST, A Li
OF SAID LOT/ 167:R. y9
M1
A 3 O xE PTAw1
7, TO A POINT ON
r
E-, d:y ob
y, 0 I SALT _
TIH 31'25'21•WEST. g 6 W 1-•• • 9
d,"~ 0 C.
CJ ST yw0w+r.0 -E OF LOT F 165 IN W 7 Q'•'
f-iRADIUSOF326.10
T-I
slow
BEARING OF SOUTH
i
O A POINT ON THE E•H
1
00;14'AILEY 3
I VA^.NEO:{'ALLEY 3F0 1P At1Ff y D 0•sl:fi
PER DOC.6210000 PER 00c.1236057
WEST. ALONG SNO fTO f d
T, TO THE TO THE Y. 061.-MR a ASFlW7
L'
7
cross Femur uNc SURVEY PARCEL
RESTRICTIONS OF
x
y I 2.43 ACRESt s
W d
1w••• o TRACT 2 PARCEL 9
n x
1
LOT:65
15'`
f LP,;60 W 1.
PR FO.BENT CAP F666O41 @`vv.'
s.•a
1 (-0.2',(0.T/S.W.) Y
Aj-
zz
007(O.0O'S W.)
i ao PARCEL 8
4R'_90 Og LOT;6t
22
PARCEL 11 _-
f
1.....
Q
PARCEL 7
LOT 102 W
re 1.4+ 00.1'IP
z 3 5T
o9o0'
T-0.37(NEIDT (-0.5)(0N-L6VQ F0.1"04H S
50,04'Y)
f78.32'(FI) eIUNE
1•
Tt (-
06',(RCLO.! 4't!)
N(11 TNR R/W LINE
s 69.35'01•W 229.36"TM) L' OCNG SAFM*(1(;i••"- . . ... _ ..s•a9;45'07•'W;'sS4.5.70.'(N)." W "s'6L>r .' •
S44.00(CR)"-- YD.I.BOA229.001C12)
FEL0.6'1(ON-Ix.E) I
MADISON STREET (82.5' R/W)
e
h
RAY UNE R/W UNE R/W UNE R/W UNE
t 'Qi.N.:_ -51AVyL g Tv C F1i,Y,}f gV-3 ,-,,---Er CI Y 1 '71. 11. Nit. 1 1 `
S+Hui 4 125 t-
1
iM'
Cl0 0 3
i5.TII .1 t 1
wN1=50i 16{6"C2 2T0.
75
16914 1.76 II9 7'
2i45 C 0916' 2.2
V.07 25 u 711.7e' a6rA' 634Y x 37'2Y{!•E rill Of-
3-
69.50' 4950'-
N I 1 _ s _ Ca 250,00 73.9}' 735Y 5 7,'45'.n••R 21'1IIA'I
I N l`
Co IOO.00' 36.a5• 57.61 N frYjaro, w !!'29'!6" S
N 00 G4 104.50'7617' 16J3' S!9'S095`E 4747'46'
0?
55O S 05•
7 a
NT ONLY. ANY REUSE
51 V 53
2 FOR 1 LPEDKC
I
ASTUTE 04OR LEGAL L6 S 60743-51 E 4OiSL9S65"YOaMMIOU
HE CLIENT MUST FIELD N LSO N 0034'S6'w ISE
1 UNO SURVEY011
IF EXISTING U1*JI1E3
NRES ITT STRUCTURES.
IE. TE1D
I COMMENCEMENT OF
HER RESTRICTIONS NOT
ACTS PRO LOCAL
RT TO NOCATE THE
TALLY INJURIOUS hi