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Home My WebLink About40-25 Special Exception at 1527 South Michigan Street Filed in Clerk's Office City of South Bend EN35 Bianca Tirado BOARD OF ZONING APPEALS City Clerk, South Bend, IN June 11, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1527 S MICHIGAN ST 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 an auto repair shop (vehicle service, minor)on the property. 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, Of FA-14 t Tim Staub Zoning Specialist CC: Bob Palmer County-City Building 227 W.Jefferson South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning C • ity 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 J u` [1 9 2025 227 W.Jefferson Blvd,4t'Floor Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Re: Bill#40-25:The petition of 1527 MICHIGAN LLC seeking a Special Exception for for use of Vehicle Service, Minor (21-06.01(k)(23)) in the NC Neighborhood Center for property located at 1527 and 1527 MICHIGAN ST Dear Council Members: I hereby Certify that the above referenced petition of 1527 MICHIGAN LLC 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 1527 MICHIGAN LLC seeking a Special Exception for for use of Vehicle Service,Minor for property located at 1527 and 1527 MICHIGAN ST, 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, frAl Timothy Staub Zoning Specialist Attachment CC: 1527 MICHIGAN LLC Building Department Bob Palmer Staff Report— BZA#0354-25 July 7, 2025 Property Information Location: 1527 and 1527 MICHIGAN ST Owner: 1527 MICHIGAN LLC Project Summary To establish a Vehicle Service, Minor in an existing building Requested Action Special Exception: for use of Vehicle Service, Minor [21-06.01(k)(23)] Site Location t ., 111111111116 It. ,.-:04••.4,-17.:.i _ - fi - �fl,iI1•=_1rN11'i1d1i1 � x -, A)?s:7TI.I.- i + , ' .4, r:. 7-,,-:,„ ,'1!.-.-0.-:.'14. ...i-0... .-M_AO ilia"'. . ", _E, i 4.-_I_ le- HANEY AV . t . t !... ,r--... r •, . oi iiiii till VY INDIA ,. _,._ , 6 1 r _, , ,e,_,,_ # I. _aw • +`•?rF, ,, 1... : fixp i- I DUB IL AE 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 Page 1 of 3 Staff Report— BZA#0354-25 July 7, 2025 Proposed Site Plan it N N O S 4 !:+ N. • f1. 1 It - 1 ttl o um o r � fND + k - myjiiV� 1 H"d jg k ,- � �+ "Yr : 3I l J6 4 * �'' a tom,. N. do HP ' t j i Ft f1.1 �loftd IYGAN 37 -i..__s— g m m ` m 0 - . T ,1_ SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0354-25 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 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 the adjacent area or property values therein; The proposed usemay injure or adversely affect the use of the adjacent area or property values there in. The visual impact of a long term vehicle storage could have a negative impact to surrounding property values that are seeing infill residential development. The applicant would need to add street trees and bring the existing lot up to standards. (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 2015 Southeast Neighborhood Plan, which calls for a dense commercial use at the Michigan-Indiana intersection that serves as a walkable neighborhood center. Additionally, the 2020 zoning map designated this as a Neighborhood Center district for a mixture of storefront retail and professional offices with active building facades. Analysis & Recommendation Analysis: This block of S. Michigan Street is intended to be more neighborhood and pedestrian oriented. Neighborhood Center zoned lands are meant to serve local residential uses with a more active facade and little to no auto-centric uses. 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 Page 3 uf. Filed in Clerk's Office BILL NO.40-25 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 1527 S MICHIGAN ST COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to establish an auto repair shop (vehicle service, minor) on the property. 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: 1527 S MICHIGAN ST 018-8005-027801 In order to permit Vehicle Service, Minor 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 6601 BOARD OF ZONING APPEALS South Bend, IN zoning@southbendin.gov Petition for Variance - Special Exception Property Informatio Tax Key Number: 71-08-13-156-031.000-026 Address: 1527 Michigan Street South Bend, IN 46628 Owner: 1527 Michigan LLC Zoning: NC Neighborhood Center JUN 0 it 2025 Project Summary: BY: The proposed auto repair shop will be ensuring compatibility with surrounding businesses. The shop will provide essential vehicle maintenance and repair services to the community, enhancing transportation reliability and local economic activity. Requested Action ❑✓ Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Auto Shop/Mechanic Shop ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office d : ' 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 auto shop will follow all safety regulations, including fire codes and environmental protections. It will provide a valuable service to the community by offering vehicle repairs and maintenance, enhancing transportation reliability. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The shop will be designed to minimize noise and emissions. Proper site planning, landscaping, and buffer zones will ensure that nearby properties maintain their value and appeal without disruption. (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 business aligns with existing commercial or mixed-use zoning policies. It complements other businesses in the area and supports the local economy. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: he business fits within the city's long-term development goals, bringing employment opportunities and economic growth while maintaining responsible land use. 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: 1527 Michigan LLC Address: PO BOX 11664 Sourh Sena, IN 46634 Name: David Farhan Address p828 E Jefferson Blvd 'South Bend, IN 46615 Name: Address. Contact Person: Name: Fares Fahran Address: 1828 Tea Rose Lane Mishawaka, IN 46544 Phone Number: 574-217-1405 farestarhan1990@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: