HomeMy WebLinkAbout06-25 Special Exception at 411 Cottage Grove Avenue City of South Bend County-City Building
227 W.Jefferson Blvd. 1400S
BOARD OF ZONING APPEALS South Bend,IN 46601
(574)235-7627
April 8,2025 Filed in Clerk's Office
Common Council of South Bend
227 W.Jefferson Blvd,4`h Floor Bianca Tirado
South Bend, IN 46601 City Clerk, South Bend, IN
Re: Bill#06-25: The petition of VIP FLIP LLC seeking a Special Exception for a two unit dwelling in the
U 1 Urban Neighborhood 1 for property located at 411 COTTAGE GROVE AVE
Dear Council Members:
I hereby Certify that the above referenced petition of VIP FLIP LLC was legally advertised on February
21,2025,and that the South Bend Board of Zoning Appeals at its public hearing on April 7,2025,took
the following action:
Upon a motion by Caitlin Stevens,being seconded by Kaine Kanczuzewski and unanimously carried,
a petition by VIP FLIP LLC seeking a Special Exception for a two unit dwelling for property located
at 411 COTTAGE GROVE AVE,City of South Bend,is sent to the Common Council with a
favorable recommendation,and will issue written Findings of Fact.
The staff comments related to this petition are attached.The Findings of Fact will be adopted at the next
South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office
and will be posted on our website once approved.
If you have any questions,please feel free to contact our office.
Sincerely,
ja.h,c_
Kari Myers
Zoning Specialist
Attachment
CC: VIP FLIP LLC
Building Department
Bob Palmer
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Staff Report—BZA#0312-25 March 3, 2025
Criteria for Decision Making: Special Exception
A Special Exception may only be granted upon making a written determination, based upon
the evidence presented at a public hearing, that:
(1) The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
Approval of the Special Exception should not be injurious to the public health, safety, morals
and general welfare of the community. The building is newly constructed as a duplex. A two-
unit dwelling will provide more residents to the neighborhood which will increase safety and
the general welfare of the community.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
Building a duplex should not injure or adversely affect the use or value of adjacent
properties. The proposed duplex is consistent with the scale and character of the
surrounding neighborhood, will bring new residents to the area, and will provide housing on
a lot that is currently vacant.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
The use as a two unit dwelling will further complement the existing housing stock, match the
scale and character of dwellings in the neighborhood, and provide new housing in an area
with substantial vacancy. The proposed use will provide more housing options for residents.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006)
Objective H1.1: Encourage residential developments to contain a mix of housing types,
densities, price ranges, and amenities.
Analysis & Recommendation
Analysis: The construction of a new duplex that is consistent with the scale and character of
the surrounding neighborhood will bring new residents to the area and provide additional
housing on a lot that is currently vacant.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board send the petition to the Common Council with a favorable
recommendation.
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
City of South Bend
BOARD OF ZONING APPEALS
March 4, 2025 Filed in Clerk's Office
MAR [I 4 tilts
Bianca Tirado
City Clerk, South Bend, IN
South Bend Common Council
227 W. Jefferson Blvd.,4th Floor
South Bend, IN 46601
Re: Bill#06-25—The petition of VIP FLIP LLC seeking a Special Exception to allow a two-unit
dwelling in U1 Urban Neighborhood 1 district,property located at 411 COTTAGE GROVE AVE, City
of South Bend-#0312-25
Dear Council Members:
Please be advised that the March 3,2025, Board of Zoning Appeals meeting was cancelled. The above-
referenced item was scheduled for public hearing at your March 10, 2025, Council meeting.
The petition is scheduled for public hearing at the April 7, 2025, Board of Zoning Appeals meeting.
Please set it for public hearing at your April 14, 2025, Council meeting.
Feel free to contact our office if you have any questions.
Sincerely,
Kari Myers
Zoning Specialist
cc: Bob Palmer
County-City Building 227 W.Jefferson South Bend, IN 46601 I 574-235-7627 www.southbendin.gov/zoning
Filed in Clerk's Office
City of South Bend
Bianca Tirado
BOARD OF ZONING APPEALS City Clerk, South Bend. iN
February 4, 2025
Honorable Dr. Oliver Davis
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception at 411 Cottage Grove Ave.
Dear Committee Chair Dr. Davis:
Enclosed is an Ordinance for the proposed Special Exception at the above referenced location.
Please include the attached Ordinance on the Council agenda for first reading at your February 10,
2025,Council meeting and set it for public hearing at your March 10, 2025, Council meeting. The
petition is tentatively scheduled for public hearing at the March 3, 2025, South Bend Board of
Zoning Appeals meeting.The staff report and recommendation of the South Bend Board of Zoning
Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the
public hearing.
The petitioner provided the following to describe the proposed project:
A Special Exception to allow for the use of a duplex
The full petition is attached for your reference. Changes may occur between the filing and the public
hearing. Any substantial changes will be identified at the Council meeting.
If you have any questions, please feel free to contact our office.
Sincerely,
Kari Myers
Zoning Specialist
CC: Bob Palmer
County-City Building 1227 W.Jefferson South Bend, IN 46601 574-235-7627 I www.southbendin.gov/zoning
Filed in Clerk's Office
BILL NO. 06-25
Bianca Tirado
ORDINANCE NO. City Clerk, South Bend, IN
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING
APPEALS FOR THE PROPERTY LOCATED AT 411 COTTAGE GROVE AVENUE
COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
Request a Special Exception to allow for a two unit dwelling
NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend,
Indiana, as follows:
SECTION I. The Common Council has provided notice of the hearing on the Petition
from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5,
requesting that a Special Exception be granted for property located at:
411 Cottage Grove Ave, South Bend, IN 46616. 018-1030-1340
In order to permit a two unit dwelling.
SECTION II. Following a presentation by the Petitioner, and after proper public hearing,
the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a
copy of which is on file in the Office of the City Clerk.
SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds
that:
1. The proposed use will not be injurious to the public health,safety, comfort, community
moral standards, convenience, or general welfare;
2. The proposed use will not injure or adversely affect the use of adjacent area of property
values therein;
3. The proposed use will be consistent with the character of the district in which it is
located, and the land uses authorized therein;
4. The proposed use is compatible with the recommendations of the City of South Bend
Comprehensive Plan;
SECTION IV. Approval is subject to the Petitioner complying with the reasonable
conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the
Office of the City Clerk.
SECTION V. This Ordinance shall be in full force and effect from and after its passage
by the Common Council and approval by the mayor, and legal publication, and full execution of
any conditions or Commitments placed upon the approval.
Canneth Lee, Council President
South Bend Common Council
Attest:
Bianca Tirado, City Clerk
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the day of , 2025, at
o'clock . m.
Bianca Tirado, City Clerk
Office of the City Clerk
Approved and signed by me on the day of , 2025, at o'clock
.m.
James Mueller, Mayor
City of South Bend, Indiana
- 2 -
•
City of South Bend 227 W. Jefferson - Suite 1400S
IN 46601
BOARD OF ZONING APPEALS South Bend,
zoning@southbendin.gov
Petition for Variance - Special Exception
Property Information_ �XX�� XX11��
Tax Key Number: �z34-r`� 018-1030-1340
Address: 411 Cottage Groveer, South Bend, IN, 46616
Owner: VIP FLIP LLC i 1 15/ai3
Zoning: U1 Urban Neighborhood 1 Per__
Project Summary: Filed in Clerk's Office
Duplex Construction
Bianca Tirado
City Clerk, South Bend, IN
Requested Action
❑✓ Special Exception/ Use Variance— complete and attach Criteria for Decision Making
Use requested: Duplex construction
❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
Required Documents
✓❑ Completed Application (including Criteria for Decision Making and Contact Information)
0 Site Plan drawn to scale
✓❑ Filing Fee
•
Criteria for Decision Making
Special Exception -If applicable
A Special Exception may only be granted upon making a written determination, based upon the
evidence presented at a public hearing. Please address how the project meets the following criteria.
(1)The proposed use will not be injurious to the public health,safety, comfort,
community moral standards,convenience or general welfare, because:
The construction of the duplex will facilitate the achievement of the social
objectives of Sustainable Housing Development, to guarantee the
community a healthy life and promote the well-being of all age groups.
The construction of the duplex has an efficient living space, adequate
ventilation. We will adhere to the laws, and we will ensure that our main
mission prevails, building new houses to promote the best quality of life, in
modern homes, with spaces designed for excellent coexistence.
Housing is the space par excellence where the educational and cultural
(2)The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
It will be quite the opposite, we will be efficient in the use of the land to be
able to offer a home to 2 families.
We have a land large enough to offer value to the community
(3)The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein,because:
The land is completely flat. This change does not require any type of
demolition or alteration of the ground.
It will remain residential
The use of assigned land to the plot as part of the Area Plan
(4)The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
The new construction fits within the framework of the community's long-term
development strategy established through the strategic execution of the city-
approved and provided duplex plan.
It aligns with the plan's designated residential land use for the area,
promotes the desired development objectives outlined in the plan, and does
not conflict.
Criteria for Decision Making
Variance(s)-If applicable
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. Please address how the project meets the following criteria:
(1)The approval will not be injurious to the public health, safety,morals and general
welfare of the community, because:
(2)The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner, because:
(3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
(4)The variance granted is the minimum necessary, because:
(5)The variance does not correct a hardship caused by a former or current owner of
the property, because:
Contact Information
Property owner(s)of the petition site:
Name: VIP FLIP LLC
Address: 411 Cottage Groove Ave, South bend, 46616
Name:
Address:
Name:
Address:
Contact Person:
Name: Anthony Gervasi
Address: 13396 Golden Harvest Ln, Granger IN 46530
Phone Number: 786.260.7757 /570.599.8131
VIPFLIPPING@GMAIL.COM
E-mail:
By signing this petition, the Petitioner/Property Owners of the above described Real
Estate acknowledge they are responsible for understanding and complying with the
South Bend Zoning Ordinance and any other ordinance governing the property.
Failure of staff to notify the petitioner of a requirement does not imply approval or
waiver from anything contained within the ordinance.
The undersigned authorizes the contact person listed above to represent this petition
before the South Bend Plan Commission and Common Council and to answer any and
all questions related to this petition.
Property Owper ) • natires:•