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Home My WebLink About44-25 Special Exception at 221 North Ironwood Drive Filed in Clerk's Office City of South Bend BOARD OF ZONING APPEALS City Clerk, aTiradouth end, IN July 9, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Use Variance at 221 N Ironwood Dr Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Use Variance at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your July 28, 2025 Council meeting and set it for public hearing at your August 11, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the August 4, 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: To allow Personal Care& Services (Beauty Shop) (21-06.01(k)(13)) as a Home Occupation (21-06.02(f) (12)in Urban Neighborhood 1 (U1). 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, CrAID Tim Staub Zoning Specialist CC: Bob Palmer County-City Building 1227 W.Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 44"25 JUL7 2025 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 221 N IRONWOOD DR COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT Use Variance to allow Personal Care&Services(Beauty Shop)(21-06.01(k)(13))as a Home Occupation(21-06.02(f)(12)in Urban Neighborhood 1 (U1) 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 Use Variance be granted for property located at: 221 N IRONWOOD DR.018-5051-1836 221 N IRONWOOD DR.018-5051-1829 In order to allow Personal Care& Services(Beauty Shop)(21-06.01(k)(13))as a Home Occupation(21-06.02(f)(12)in Urban Neighborhood 1 (UI) 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 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 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- z27 W. Jefferson - Suite 1400S City of South Bend South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information O l - 5 OS 1 - ) 3 4, Tax Key Ntlrfber: 7 - C 1 ` c� O o 000 —o c.Q Address: 1.NN77 I k)• [ QCWW. C - C 41 -Rol Owner: ef),,r� 10 " Zoning: Choose the current district 1 t73 Project Summary: Wk. la 5 d, on pro ' Con n bu \v\sl,Dp, Requested Action Special Exception/ Use Variance - complete and attach Criteria for Decision Making Use requested: t' Ck( � v)eci.t,�': j En_AC-4\ f ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office 1 7 2025 Bianca Tirado City Clerk, South Bend, IN Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) E Site Plan drawn to scale ❑ Filing Fee Contact Information Property owner(s) of the petition�site:: Name: U tArr��,li .1 14GM( I TOl l Address: A (hr, J Jc0o(5 �-( N � a v�urzx� � �V\ Rend `7 Name: Ac',Clw W JL 1 l t a �� Address: i 3 l k1 4Pakarti Dv, NY I (>� (mil { 4`J [(i( (5 Name: Address: Contact Person: II Name: (_cor -�U C1(j\A� � �vA Address: U \ wO \m k &i c , -Ben 1 pi _lUW (S x , r Phone Number: 7 L( ^ �/J�— C9 E-mail Cr)�� ( R WL--e. WA--) MC 9.If ` -0071/1 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: C\d, 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: ,1 npc�,�t �,� e �.t,�( t( GI oak_ biOl4y1.4iz CQ`4( ( e,(r1 C(i IA9 ry fltYlft.Q1' af C Ica co cl.rSYUptcO1'U &c(d 1 p(or biocl anl.Ck C 0A0 Nd vlc r mev( Ghml`CuiS isa� u `C1 is 3-tat\cfatcW617 vensakii (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: it a nc`ryv.\ ` 6� z5W ►nfcuQ. Sr rceur , s ovvL Cc om._ Sep U►'CQ Min( mi -S -\ac '1c a c ((Yr p iLn 010ReY f t,J +A avtC& ar_e_ vvl p _JecA. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: `A CO rcc __n 1)a ckfL Sc ark/ vCk c �Y' c c cow a cQ r ouSt \1 (4)The variance granted is the minimum necessary, because: t t u X t Us- arQC-Nr€_ �Ct-yrc Wco'l c r\ oi'( a{ pro prr CaZ, bcce_K5 cutouL ,i3tra ,f6s,cipak (5) The variance does not correct a hardship caused by a former or current owner of the property, because: c i�,�t C' (S CU r f'�.lil/► b(u3t6 Co Ck,e7r(Ale. -2cyv reigeesz- re s , C 1 \ V 14 T1\Q_ 2,0n c fl ark- nc4 &CCO ( IQ 11S Brylc l Sc alt prooncLQ oQS c E1,-A-, 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: 14 f( ( fa e: C C CI ((- CL PreCelOtcl: CUOCA buN( rave cW qvird 1eCca eilecAAkcis oc ion b(9 vvs2ds ( j0 harrAcct Ci nn(CdS u3<<( ()C&- s u- 144144 (2) The proposed use wilt not injure or adversely affect the use of the adjacent or property values therein, because: i 4 prceS5(OV L COrS-f r oc c( avoot9 b(nc)0 l•((c (, A 1.1.e( 901x-vitmf --\\(, t w U laizAn fUis-e.j po (Cu-hoh M03--y-uc)-kowc (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: ! cto obv;ouS bus( R,QAA Trorvk grect(-- a (-t Sit insrok wua, prop-erki ((cam (4) The proposed use isll compatible �with the recommendations the Comprehensive Plan, because: 1 � l� o vv_ bcka `_ _ s ► ca4 lag "`,or 6 \-- od' runs oq S(rC& gPlyin /(m - LQo aid q-hJ p1't1X'S (A (ov/ (CA(rtc C� ,(( orG u 1,-cC(c U r i n ( C hc1,17 N. -+o 44\3, are _ .--:11. .,..,..„ .. , .,,, . _ . .• ._ . „.4.,,...,4 - if,,,,, - ., . _ _ , 47 16 z 3O;2 ire 4 X . . i g a L t .. 'g ... . „,__,,„..-.. . .„ _„4 ., HOUS 53_91 I- 9 =.- R err r I t of South Bend County-City Building y 227 W.Jefferson Blvd. 1400S BOARD OF ZONING APPEALS South Bend,IN 46601 (574) 235-7627 Filed in Clerk's Office August 5,2025 /.'�' U 5 2025 Common Council of South Bend 227 W.Jefferson Blvd,4th Floor Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Re: 44-25:The petition of HAMILTON CARLEY J seeking a Use Variance for the use of Personal Care & Services(Beauty Shop)(21-06.01(k)(13))as a Home Occupation (21-06.02(0(12))in Urban Neighborhood 1 (U1) at the property located at 221 N IRONWOOD DR. Dear Council Members: I hereby Certify that the above referenced petition of HAMILTON CARLEY J was legally advertised on July 23,2025 and that the South Bend Board of Zoning Appeals at its public hearing on August 4,2025 took the following action: Upon a motion by Francisco Fotia,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by HAMILTON CARLEY J seeking a Use Variance for the use of Personal Care & Services(Beauty Shop)(21-06.01(k)(13))as a Home Occupation(21-06.02(f)(12))at the property located at 221 N IRONWOOD DR,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, CrA Timothy P Staub Zoning Specialist Attachment CC: HAMILTON CARLEY J Building Department Bob Palmer Staff Report— BZA#0341-25 August 4, 2025 Property Information Location: 221 N IRONWOOD DR and 221 N IRONWOOD DR Owner: HAMILTON CARLEY J Project Summary The petitioner intends to have a nail salon home occupation under the standards for Home Occupations found in 21-06.02(f)(12)(A). Requested Action Variance(s): to permit Personal Care & Services (Beauty Shop) (21-06.01(k)(13)) as a Home Occupation (21-06.02(f)(12)) in Urban Neighborhood 1 (U1) Site Location + ---;'a..- ., . MC KINLLY HlI Y ^" "4 •7' M� NLE� HWY •arty._ ::. y �: -.' r�i_;- '. 1 . vilm.INI _ rr r :0 , 7. Amn, ,, ,,_ , ;T 'I ; ij— ` 'al ' CLUB DR ."_ " — ! a ,,;:-dam' ,-—v �, ,�� 2f ...... - — �`, V ~s; 41 - y am'. _ 0 _ri.... i;,,,,,v,. (.7.--,„ 2 - ____,,__._ .'4 Ir g ; :as ;I.._ Y r_ _._ > �. I , r-gffinga . , K �--• , - ., , r • 1 - i 4 ' _ T' a ' �I Er54,,. n*r. f £� _ \r,� a �. f �i,a .° rM F ,...i. _, t- �. �. _ ' E COLFAX�AVE F S I ---f4 ic )Nam/ , -,., _ ::� 9 1 '1 "UR T4 ' '., _J F` i 1- '.face .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 a favorable recommendation. Filed in Clerk's Office SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 1.+.. u 5 2025 Bianca Tirado City Clerk, South Bend, IN Staff Report— BZA#0341-25 August 4, 2025 Proposed Site Plan IIIIIIIIIIIIIPIIIIIIIIIIIIIIIIIIM ' 1 IV , r f A.I. ' . CO • mob O • N , O cricr, -- x d C .4:,. 4. '� u) t : , Lii . - • ‘, at a, ..R.1. m Q ,'1) ak I SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Staff Report— BZA#0341-25 August 4, 2025 Criteria for Decision Making:Variance(s) State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community The approval will not be injurious to the public health, safety, morals, and general welfare of the community. The use will be a personal services location serving one customer at a time under the standards set forth by the Home Occupations accessory use 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 The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. The applicant intends to establish the use in an accessory structure within zoning standards. The foot traffic and activity related to this use should not result in negative impacts to the area. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the terms of this Chapter would make it impossible for this use to be on this property. Beauty shops are banned as a home occupation in the code along with barber shops. The twelve standards applied to all home occupation accessory uses would mitigate any potential nuisance associated with the beauty shop home occupation use. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. This is only a use variance, not a variance to construct anything else that would be generally viewed as a commercial building or site improvements expanding the use beyond the standards for home occupations. (5) The variance does not correct a hardship cause by a former or current owner of the property The variance granted does not correct a hardship caused by a former or current owner of the property. The hardship is created by the existing code which explicitly limits specific common neighborhood uses like barbershops, photography studios, and and exercise studios from being established accessory to residential uses. Analysis & Recommendation Analysis: The existing standards for Home Occupations are strong enough to curtail any nuisances that may be associated with this use variance, particularly how clients are limited to one at a time and any space it is housed in must appear residential in nature. Additionally, the use is proposed along a major street that features more intense commercial uses nearby. If the petitioner is successful, and more business comes, the operation will likely seek a larger, commercially zoned space. Sol:Ttl 131 D BOARD OF ZONING APPEALS pare 3 „I.4 Staff Report— RZ.A#0341-25 August 4, 2025 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 4 of 4