The URL can be used to link to this page

Home My WebLink About39-25 Special Exception at 1039 Lincoln Way West (Substitute) Filed in Clerk's Office ' ' 3 ',)75 Cityof South Bend Bianca Tirado City Clerk, South Bend, IN BOARD OF ZONING APPEALS June 10, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1039 LINCOLN WAY W 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 June 23,2025(Council meeting and set it for public hearing at your July 14,2025,Council meeting.The petition is tentatively scheduled for public hearing at the July 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: Establishing a U-Haul location for vehicle rentals and associated uses. 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, Orli • Tim Staub Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning ,PLAN Co4i County-City Building , City of South Bend 227 W.Jefferson Blvd. 1400S S/ ° \oSouth Bend, IN 46601 Board of Zoning Appeals (574) 235-7627 www.southbendin.gov/zoning �f�AQLSi0 1?L :i July 9, 2025 Honorable Committee Chair Davis Filed in Clerk's Office 4tn Floor, County-City Building JUL 0 9 2025 South Bend, IN 46601 Bianca Tirado RE: 1039 Lincoln Way West— BZA#0333-25 City Clerk, South Bend, IN Dear Committee Chair Davis: Enclosed is a modified Ordinance for the proposed Special Exception at the above referenced location. The address on the original ordinance was modified from 50 Sherman to 1039 Lincoln Way West to reflect the correct property indicated by the Parcel ID number: 018-1074-311001. If you have any questions, please feel free to contact our office. Sincerely, 0'FA ID Tim Staub Zoning Specialist CC: Bob Palmer __ Tim Corcoran Tim Corcoran Scott Ford Planning Director Interim Zoning Administrator Commission President Filed in Clerk's Office SUBSTITUTE BILL NO. 39-25 JUL 0 9 2025 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 1039 LINCOLN WAY WEST & 50 SHERMAN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Establishing a U-Haul location for vehicle rentals and associated uses. 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: 1039 LINCOLN WAY W 018-1077-3245 1039 LINCOLN WAY W 018-1074-311001 In order to permit Vehicle Sales or Rentals 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 J. 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 - Filed in Clerk's Office JUL U 2025 SUBSTITUTE BILL NO.39-25 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 1039 LINCOLN WAY WEST&50 SHERMAN,COUNCILMANIC DISTRICT NO.1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Establishing a U-Haul location for vehicle rentals and associated uses. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: SECTION 1. 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: 1039 LINCOLN WAY W 018-1077-3245 50 SHERMAN 1039 LINCOLN WAY W 018-1074-311001 In order to permit Vehicle Sales or Rentals 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 County-City Building 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend, IN 46601 (574) 235-7627 Filed in Clerk's Office July 9,2025 Common Council of South Bend JUL a 2995 227 W.Jefferson Blvd,4th Floor Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Re: Bill#39-25: The petition of FARHAN MOHAMMED seeking a Special Exception for the use of Vehicle Sales or Rentals (21-06.01(k)) in the NC Neighborhood Center for property located at 1039 LINCOLNWAY and 1039 LINCOLNWAY Dear Council Members: I hereby Certify that the above referenced petition of FARHAN MOHAMMED was legally advertised on June 27,2025 and that the South Bend Board of Zoning Appeals at its public hearing on July 7,2025 took the following action: Upon a motion by Francisco Fotia, being seconded by Caitlin Stevens and unanimously carried, a petition by FARHAN MOHAMMED seeking a Special Exception for the use of Vehicle Sales or Rentals (21-06.01(k)) for property located at 1039 LINCOLNWAY and 1039 LINCOLNWAY, City of South Bend, is sent to the Common Council with an unfavorable 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, Timothy Staub Zoning Specialist Attachment CC: FARHAN MOHAMMED Building Department Bob Palmer Staff Report— BZA#0352-25 July 7, 2025 Property Information Location: 1039 LINCOLNWAY and 1039 LINCOLNWAY Owner: FARHAN MOHAMMED Project Summary To allow Vehicle Sales or Rentals (21-06.01(k)) Requested Action Special Exception: Vehicle Sales or Rental [21-06.01(k)] Site Location .. . a T 14f jai ` _ r.. J LINDSEY AVE _I c { raw i ,, .,,,,,-,,.,..,..„...,,,,,,,._.., .,... _ . ...‹, • . _ L'71a-,1_ft.%. I k '4i %., t_ii, I1.,ti' .,tt10 J -® ' a, S 6-'' .-` .„ (q/ t , �'� _ _ 14111111 10,_ 4AI% - •__ - Iliti % rl %a' , . , 1'4. . I fi L. 4 1 \/Q.Z A.,n 4 , .il*w:-: I- 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 an unfavorable recommendation. SOUTH BEND BOARD OF ZONING APPEALS 0 N OeV M ;, South Bend Zoning N O. ,„gt.e 1 tit_ 1 a {':. i d Q W • a a d C7 z z 0 kr) N N W 1 0 r-i In C o a i ' _ - ----- - a Q 5/14/2025,10.26:23 AM 1.564 0 CO N ,+__+ 0 0 0.01 0.01 m i m (n n perm,2023_Aerials Crty Limits I r ,' , ' l r Ca I -0 . Red Band 1 0 0.01 0.01 0 02 km W +. 0 . WI Comm•sly ll4s ColtTtbs,Ul Sena.,oT Notre Dane.St Jowl CO L to Green.Band_2 cntly GIS, o CpemStaeetw. utlosor, Es n, Tommm, Gam k. Ca. Q In Blue: Band_3 cgrorson Ile lid-Depa mne rt orcomm r rly ouertme et E'-e Q.) 0 nk map I bbe uedbreee we osyasddoes 1ot031e5aE an olrb13l6 emeyorpope Iv let nkm4sloutlbe aedbrpte slug imposts cult Please Cos1SCttle DeparmeltotCanme oaf tsuesmlltbrmore him at or 07e)2456022 I.- ca t~ CI a, CA Staff Report— BZA#0352-25 July 7, 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; The proposed use should not be injurious to the public healthy, safety, comfort, community moral standards, convenience or general welfare. It is a retail space where vehicles will be rented. The use should not cause any of these nuisances. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use may injure or adversely affect the use of the adjacent area or property values therein. The visual impact of a truck parking lot could have a negative impact on surrounding properties that are seeing infill residential development. (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 proposed use is not consistent with the character of the district in which it is located and the land uses authorized therein. The intent of the district and the surrounding neighborhood is to produce an urban, walkable area with non-auto centric uses. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is not compatible with the recommendations of the Near Northwest Neighborhood Plan (2019). The plan calls for the property to be Neighborhood Center as a hub for pedestrian-scale storefront retail and professional offices with active building facades. Vehicle sales and rental does not fulfill this intent. Analysis & Recommendation Analysis: The neighborhood plan calls for the property to be Neighborhood Center as a hub for pedestrian-scale storefront retail and professional offices with active building facades. Vehicle sales and rental does not fit within this guidance. This is a fairly dense neighborhood which is seeing urban infill, it will need a more urban style land use to support that infill. Vehicle rental is more generally meant for suburban areas. Any auto-oriented use in an NC should also be set behind the building. Additionally, the lots involved in the application cross over the public right- of-way in terms of an alley. Such a use would require the city's permission to utilize the right-of- way to conduct business or an alley vacation, which is not established at this time. 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 an unfavorable recommendation. SO III 13FyD BOARD OF ZONING APPEALS Page 3 of'', Filed in Clerk's Office BILL NO. 39-25 J U N 1 3 2025 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 1039 LINCOLN WAY WEST & 50 SHERMAN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to establish a U-Haul location for vehicle rentals and associated uses. 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: 1039 LINCOLN WAY W 018-1077-3245 50 SHERMAN 018-1074-311001 In order to permit Vehicle Sales or Rentals 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 South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number:71-08-02-334-011.000-026 Address: 1039 Lincoln Way West South Bend, IN 46616 Owner: Mohammed Farhan Zoning: NC Neighborhood Center Project Summary: The proposed U-Haul rental business aims to provide a convenient and accessible transportation solution while supporting economic growth by creating jobs, increasing foot traffic to nearby establishments, and contributing to the local economy. Requested Action ✓❑ Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:Vehicle Sales OR Rentals/ U-Haul Rental Services ❑ Variance(s) -List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office 13 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 -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 U-Haul rental service will operate responsibly, minimizing disruption to the community through traffic flow measures, safety compliance, and controlled operating hours. It will serve as a valuable resource for residents and businesses, enhancing transportation convenience while supporting local economic activity. Potential concerns about aesthetics and community standards will be addressed with proper signage, property maintenance, and zoning adherence, ensuring accessibility without negatively impacting public health, safety, or welfare. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The business will be designed and operated to seamlessly integrate with surrounding properties, maintaining the aesthetic and functional integrity of the area. Measures will be taken to minimize any potential impact on traffic flow, noise levels, or environmental conditions, ensuring that neighboring properties retain their value and appeal. Furthermore, the presence of a U-Haul rental facility can increase convenience for local businesses and residents, potentially enhancing the desirability of the surrounding properties rather than diminishing their worth. (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 district currently supports commercial and service-oriented businesses, making this rental facility a natural addition to the existing landscape. The proposed use aligns with the district's economic and developmental goals, supporting local commerce and providing necessary transportation solutions for residents and businesses alike. Additionally, the facility's design and operational practices will be carefully tailored to match the character of the area, preventing any disruption to the established neighborhood atmosphere. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The Comprehensive Plan emphasizes responsible land use and economic development, both of which are supported by this proposal. The business will provide an essential service that facilitates mobility and commerce, reinforcing the plan's objectives for accessibility, business growth, and community convenience. Additionally, the proposed operations will be structured to ensure compliance with zoning standards, environmental considerations, and neighborhood cohesion, further aligning with the long-term vision set forth in the plan. 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: N/A (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: N/A (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: N/A (4)The variance granted is the minimum necessary, because: N/A (5) The variance does not correct a hardship caused by a former or current owner of the property, because: N/A Contact Information Property owner(s) of the petition site: Name: Mohammed Farhan Address: 20792 S Gatehouse Dr South Bend, IN 46637 Name: Address: Name: Address: Contact Person: Name: Fares Farhan Address: 1828 Tea Rose Lane Mishawaka, IN 46544 Phone Number: 574-217-1405 faresfarhan1990@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: 1 l 6 Vvf I St. Joseph t wn5socwres LowTaxInfo County LLUO . alum 1039 Lww Farhan Mohammed P.O.Box 11664 South Bend, IN 46616 South Bend,IN 46634 Spring Due by 05/12/2025:$0.00 Fall Due by 11/10/2025:$0.00 1{pP $0.00 v �.. Total Due Q -11 Property Information Tax Year/Pay Year Homestead Credit Filed? 2024/2025 No Parcel Number Over 65 Circuit Breaker? 71-08-02-334-011.000-026 No Duplicate Number Legal Description 62591 Note:Not to be used on legal documents Property Type E 1/2 Lot IA H Cushings Real Section-Township-Range Tax Unit/Description No Info 18-South Bend-Portage Parcel Acres Property Class No Info COMMERCIAL DRIVE-IN RESTAURANT Lot Number No Info Mortgage Company None Block/Subdivision TIF No info 126 River West 1-SB Portge 026 South Bend Zoning f „,,,,,C:4-- Lck', s_- yet 5/14/2025, 10:26:23 AM 1:564 _Aerials 0 0 0.01 0.01 mi 2023 Parcel EJ City Limits I - ,.— , ' I I , . y I • Red: Band 1 0 0.01 0.01 0.02 km Green:Band 2 Esri Community Maps Contributors, University of Notre Dame,St Joseph County GIS, ® OpenStreetMap, Microsoft, Esri, TomTom, Garmin, • Blue: Band_3 City of South Bend-Department of Community Investment This map is to be used for reference only and does not constitute an official survey of property lines.This map should be used for planning purposes only.Please contact the Department of Community Investment for more information(574)245-6022