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Home My WebLink About24-25 Special Exception at 1702 Western Avenue City of South Bend BOARD OF ZONING APPEALS Filed in Clerk's Office April 8, 2025 Bianca Tirado Honorable Dr. Oliver Davis City Clerk,South Bend, IN 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1702 Western Avenue BZA#0325-25 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 April 14, 2025, Council meeting and set it for public hearing at your May 12, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the May 5, 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: Special Exception to permit the use of a restaurant 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 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 24-25 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 PROPERTY LOCATED AT 1702 WESTERN AVENUE COUNCILMANIC DISTRICT NO. 6 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a restaurant use 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: 1702 Western Avenue, South Bend, IN 46619. 018-4012-0391 In order to permit restaurant use 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 .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 Ben° 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: 71-08-10-428-015.000-026/ 018-4012-0391 Address: 1702 West Western Avenue South Bend, Indiana 46619 Owner: A & M Wireless Inc. Zoning: OF Urban Flex Project Summary: The property consists of two storefronts. One is storefront is vacant. The owner is in negotiations with a tenant to fill the vacancy with an ice cream shoppe and restaurant offering Mexican-American ice cream, desserts, and some hot food in a cafe setting. Requested Action ✓E Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:Restaurant Variance(s) - List variances below, complete and attach Criteria for Decisio ipg Variance(s) requested: 'V 2025 er Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents [j] Completed Application (including Criteria for Decision Making and Contact Information) Q✓ Site Plan drawn to scale 0✓ 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: it would be consistent with the retail character of the building and neighborhood. The building presently is used for retail mobile phone sales in its occupied storefront. The proposed use would replace the vacant storefront with a family-friendly, attractive addition to the neighborhood. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: the building has been used for commercial purposes for years. Reinvesting in the building by filling a vacancy with an attractive tenant would improve the site and adjacent area. (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 site is located along a commercial corridor that contains a mix of uses including commercial storefronts and other restaurants. The restaurant use would be consistent with the existing character of the Western Avenue corridor. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: the proposed use is consistent with the vision of South Bend 2045 by increasing quality of life and engagement with businesses and also by promoting the vibrancy of city neighborhoods. Contact Information Property owner(s) of the petition site: Name: A & M Wireless Inc. Address: 1702 West Western Avenue South Bend, Indiana 46619 Name: Address: Name: Address: Contact Person: Name: Jaswinder "Jessy" Singh Address: 740 South Main Street Elkhart, Indiana 46516 Phone Number: (574) 904-0505 jessysingh0505@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 Owner (s) Signatures: