HomeMy WebLinkAbout65-25 Special Exception and Use Variance at 628 Western Avenue Filed in Clerk's Office
City of South Bend
BOARD OF ZONING APPEALS BiancaTirado
City Clerk, South Bend, IN
September 17, 2025
Honorable Dr. Oliver Davis
4th Floor, County-City Building
South Bend, IN 46601
RE: Special Exception and Use Variance at 628 Western Ave
Dear Committee Chair Dr. Davis:
Enclosed are Ordinances for the proposed Special Exception and Use Variance at the above
referenced location. Please include the attached Ordinances on the Council agenda for first reading
at your September 22, 2025, Council meeting and set it for public hearing at your October 13, 2025,
Council meeting. The petition is tentatively scheduled for public hearing at the October 6, 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:
This petition is for a property that is being developed as part of a large-scale, mixed-use
redevelopment project. The plan for this property is to build two-and three-story walk-up apartment
buildings, as well as a taller elevator apartment building that will also contain a daycare and
potential retail space.
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,
CrA
Tim Staub
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. 65-25 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 628 WESTERN AVE
COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA
STATEMENT OF PURPOSE AND INTENT
This petition is for a property that is being developed as part of a large-scale, mixed-use
redevelopment project. The plan for this property is to build two and three story walk-up
apartment buildings, as well as a taller elevator apartment building that will also contain a
daycare and potential retail space.
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:
628 WESTERN AVE. 018-3049-1859
In order to permit Day Care Center(21-06.01(k)(10)), and requesting that a Use Variance
be granted for this property:
In order to allow Retail and Service, General (21-06.01(k)(16)) in U3 Urban
Neighborhood 3
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. 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 V. 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 VI. 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.
- 2 -
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
- 3 -
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
Tax Key Number: 71-08-11-426-001.000-026
Address: 628 Western Avenue, South Bend, IN 46601
Owner: Housing Authority of South Bend
Zoning: U3 Urban Neighborhood 3
Project Summary:
Housing Authority of South Bend South Site (Western, Taylor, South, and Scott)
Redevelopment of the northern portion of site into mixed income development with
approximately 160 apartments in walk-up and elevator buildings. See site plan.
Requested Action
✓0 Special Exception/ Use Variance — complete and attach Criteria for Decision Making
Use requested:Day Care or Retail (at corner of Western and Taylor)
• Variance(s) - List variances below, complete and attach Criteria for Decision Making
Variance(s) requested:
1. From 15' maximum residential front yard setback to 130' along the south
side of a new proposed east-west street through the property, to allow for the
development of a new privately developed park for residents within that
setback.
2. From 15' maximum front yard setback to 20'.
3. From 120' maximum building length to 290'.
4. From 4 stories and 55' maximum to 5 stories and 60' maximum. This
would only apply to the new building at the southwest corner of the
intersection of Western and Taylor. Other buildings within the site would
conform to the 4 story 55' maximum. Filed in Clerk's Office
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 approval of the Special Exception should not be injurious to the general
welfare of the community. The request to allow a Day Care Center is in line
with the vision of the Downtown South Bend Master Plan as well as
community feedback.
(2) The proposed use will not injure or adversely affect the use of the adjacent area
or property values therein, because:
A Day Care Center would be a positive amenity for families within the
development and in the surrounding neighborhoods. This should not
detrimentally affect surrounding properties.
(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 development area is adjacent to a variety of building uses, and a Day
Care Center is appropriate for a mixed-use neighborhood near downtown.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan, because:
Community engagement through plan studies and charrettes have identified
a Day Care Center as a desire of neighbors in the plan area.
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:
The approval of the variances should not be injurious to the general welfare of
the community. The variances are in line with the vision for site as described in
the draft Downtown South Bend Master Plan and will enable the development of
the site as a mixed-income neighborhood with a variety of building sizes and
amenities.
(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:
The surrounding properties vary extensively in their use and scale. The
proposed variances reflect this, and will enable the development of a site that is
currently vacant or under demolition orders. The new development would have a
maximum of 5 stories, while the existing building to be demolished has 6 stories.
(3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property, because:
Existing minimum setbacks would not allow responsiveness to existing
conditions and would prevent the creation of a new park. The existing maximum
building length would prevent a longer residential building at the corner of Taylor
and Western and the addition of another story allows for a larger building to
match nearby development and address a prominent street with higher density.
Retail is also prevented by U3, but would be an asset along Western.
(4)The variance granted is the minimum necessary, because:
The variances requested will allow for the successful and contextually
responsive development of the site for a variety of incomes and family sizes,
and are in line with the proposed vision for the site as described in the draft
Downtown South Bend Master Plan. The changes requested via variances are
the minimums necessary to develop the site based on this vision and the
specific challenges of developing mixed-income and mixed-density projects.
(5) The variance does not correct a hardship caused by a former or current owner of
the property, because:
The current owner of the site is the Housing Authority of South Bend, and the
existing lot for this section of the project is vacant or under demolition order.
Contact Information
Property owner(s) of the petition site:
Name: Housing Authority of South Bend
Address: 501 Alonzo Watson Dr.
South Bend, IN 46601
Name:
Address:
Name:
Address:
Contact Person:
Name: Samuel Lima
Address: 1126 Lincolnway East
South Bend, IN 46601
Phone Number: 574-288-2654
slima@kilarchitecture.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)olaia
fix .
LEGAL DESCRIPTION (PER TITLE COMMITMENT#NCS-1139238-STLO):
PARCEL 1:
THE EAST HALF (1/2)OF THE SOUTH HALF(1/2)OF THE SOUTH HALF(1/2) OF LOT NUMBERED
FIFTY-SEVEN (57) SHOWN ON THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF
SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA.
PARCEL 2:
A PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF
THE TOWN, NOW CITY OF SOUTH BEND PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED
AS BEGINNING IN THE NORTH LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58)AT A POINT ONE
HUNDRED THREE AND SEVEN TENTHS (103.7) FEET WEST OF THE NORTH EAST CORNER OF
SAID BANK OUT LOT FIFTY-EIGHT(58) RUNNING THENCE WEST ALONG THE NORTH LINE OF
SAID BANK OUT LOT FIFTY-EIGHT(58)A DISTANCE OF ONE HUNDRED SEVENTEEN AND
SEVEN TENTHS (117.7) FEET;THENCE SOUTH PARALLEL TO THE EAST LINE OF SAID BANK OUT
LOT FIFTY-EIGHT(58)A DISTANCE OF FIFTY-EIGHT(58) FEET; THENCE EAST ONE HUNDRED
SEVENTEEN AND SEVEN TENTHS (117.7) FEET;THENCE NORTH FIFTY-EIGHT(58) FEET TO
THE POINT OF BEGINNING;TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR PRIVATE
DRIVEWAY PURPOSES OVER THE FOLLOWING DESCRIBED STRIP OF LAND, TO-WIT:
BEGINNING AT THE NORTHEAST CORNER OF SAID BANK OUT LOT FIFTY-EIGHT(58), RUNNING
THENCE WEST ALONG THE NORTH LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58)A DISTANCE
OF TWO. HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET; THENCE SOUTH NINE(9)
FEET; THENCE EAST TWO. HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET TO THE
EAST LINE OF SAID BANK OUT LOT FIFTY-EIGHT(58); THENCE NORTH NINE (9) FEET TO THE
PLACE OF BEGINNING.
PARCEL 3:
A PART OF BANK OUT LOT NUMBER FIFTY-EIGHT(58)AS SHOWN ON THE FIRST PLAT OF OUT
LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, WHICH PART IS BOUNDED BY A LINE
RUNNING AS FOLLOWS, VIZ: BEGINNING AT THE NORTH WEST CORNER OF SAID BANK OUT LOT
NUMBER FIFTY-EIGHT(58)THENCE RUNNING SOUTH WITH THE WEST LINE THEREOF THIRTY-
SEVEN AND THIRTEEN HUNDREDTHS (37.13) FEET;THENCE EAST PARALLEL. WITH THE NORTH
LINE OF SAID BANK OUT LOT TWO HUNDRED TWENTY-ONE AND FOUR TENTHS(221.4) FEET;
THENCE NORTH THIRTY-SEVEN AND THIRTEEN HUNDREDTHS (37.13) FEET TO THE NORTH
LINE OF SAID BANK OUT LOT NUMBER FIFTY-EIGHT(58),THENCE WEST WITH SAID LINE TWO
HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET TO THE PLACE OF BEGINNING.
PARCEL 4:
PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF
THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA,
DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT; RUNNING THENCE
SOUTH FIFTY-EIGHT(58) FEET;THENCE WEST ONE HUNDRED THREE AND SEVEN TENTHS
(103.7) FEET; THENCE NORTH FIFTY-EIGHT(58) FEET TO THE NORTH LINE OF SAID LOT;
THENCE EAST ALONG SAID NORTH LINE ONE HUNDRED THREE AND SEVEN TENTHS (103.7)
FEET TO THE PLACE OF BEGINNING.TOGETHER WITH AND SUBJECT TO AN EASEMENT FOR
PRIVATE DRIVEWAY PURPOSES OVER THE FOLLOWING DESCRIBED STRIP OF LAND:
BEGINNING AT THE NORTHEAST CORNER OF SAID BANK OUT LOT NUMBERED FIFTY-EIGHT
(58), RUNNING THENCE WEST ALONG THE NORTH LINE OF SAID LOT A DISTANCE OF TWO
HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET;THENCE SOUTH NINE (9) FEET;
THENCE EAST TWO HUNDRED TWENTY-ONE AND FOUR TENTHS (221.4) FEET TO THE EAST
LINE OF SAID LOT; THENCE NORTH NINE (9)FEET TO THE PLACE OF BEGINNING.
PARCEL 5:
A PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF
THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA,
DESCRIBED AS BEGINNING FIFTY-EIGHT(58) FEET SOUTH OF THE NORTHEAST CORNER OF
SAID LOT NUMBERED FIFTY-EIGHT(58), RUNNING THENCE. SOUTH SIXTY-FOUR; (64)FEET;
THENCE WEST TWO HUNDRED TWENTY-ONE AND ONE-FIFTH (221 1/5) FEET; THENCE NORTH
SIXTY-FOUR(64) FEET;THENCE EAST TWO HUNDRED TWENTY-ONE AND ONE-FIFTH (221 1/5)
FEET TO THE PLACE OF BEGINNING.
PARCEL 6:
BANK OUT LOT NUMBERED FIFTY-SIX(56) IN THE CITY OF SOUTH BEND, ST. JOSEPH COUNTY,
INDIANA,AS RECORDED IN PLAT BOOK 1, PAGE 64 IN THE RECORDER'S OFFICE OF SAID
COUNTY, WHICH PART IS BOUNDED BYA LINE RUNNING AS FOLLOWS, VIZ: BEGINNING ATA
POINT ONE (1)CHAIN THIRTY-TWO AND ONE-HALF (32 1/2) LINKS NORTH OF THE ORIGINAL
SOUTHWEST CORNER OF BANK OUT LOT NUMBERED FIFTY-SIX(56) OF THE FIRST PLAT OF
OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF
INDIANA;THENCE RUNNING EAST THREE (3)CHAINS AND THIRTY-FIVE(35) LINKS; THENCE
SOUTH THIRTY-SIX AND SIXTY-THREE HUNDREDTHS (36.63) FEET; THENCE WEST THREE (3)
CHAINS AND THIRTY-FIVE. (35) LINKS;THENCE NORTH THIRTY-SIX AND SIXTY-THREE
HUNDREDTHS (36.63) FEET TO THE PLACE OF BEGINNING.
PARCEL 7:
PART OF THE WEST HALF (1/2)OF THE NORTH HALF(1/2)OF BANK OUT LOT NUMBERED FIFTY-
SEVEN (57) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND,
PLATTED BY THE STATE BANK OF INDIANA, DESCRIBED AS BEGINNING ATA POINT SIXTY-EIGHT
AND ONE-TENTH (68.1) FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT FIFTY-
SEVEN (57); THENCE EAST ONE HUNDRED TWENTY-FOUR AND FIVE TENTHS (124.5) FEET;
THENCE SOUTH THIRTY AND THREE TENTHS (30.3) FEET;THENCE WEST ONE HUNDRED
TWENTY-FOUR AND FIVE TENTHS(124.5) FEET; THENCE NORTH THIRTY AND THREE-TENTHS
(30.3) FEET TO THE PLACE OF BEGINNING.
PARCEL 8:
PART OF BANK OUT LOT NUMBERED FIFTY-EIGHT(58)OF THE FIRST PLAT OF OUT LOTS OF
THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA,
DESCRIBED AS BEGINNING ON THE EAST LINE OF SCOTT STREET AT THE SOUTHWEST
CORNER OF THE NORTH HALF (1/2)OF BANK OUT LOT NUMBERED FIFTY--EIGHT THENCE
EAST ALONG THE SOUTH LINE OF THE NORTH HALF(1/2 OF SAID BANK OUT LOT NUMBERED
FIFTY-EIGHT(58),TWO HUNDRED TWENTY-THREE AND THREE HUNDREDTHS(223. 03) FEET
TO THE EAST LINE OF THE WEST HALF (1/2)OF SAID BANK OUT LOT 2 NUMBERED FIFTY-EIGHT
(58);THENCE NORTH THIRTY-ONE AND FIFTY-SEVEN HUNDREDTHS (31.57)FEET; THENCE
WEST TWO HUNDRED TWENTY-THREE AND THREE HUNDREDTHS (223.03) FEET TO THE EAST
LINE OF SCOTT STREET;THENCE SOUTH ALONG THE EAST LINE OF SAID SCOTT STREET
THIRTY-ONE AND FIFTY-SEVEN HUNDREDTHS (31.57) FEET TO THE PLACE OF BEGINNING.
PARCEL 9:
THE SOUTH HALF(1/2) OF THE WEST HALF (1/2)OF BANK OUT LOT NUMBERED FIFTY-EIGHT
(58)OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY
THE STATE BANK OF INDIANA, BEING ATRACT OF LAND NINETY-FIVE AND SEVENTY-
HUNDREDTHS (95.70)FEET IN WIDTH, NORTH AND SOUTH, BY TWO HUNDRED TWENTY-ONE
AND FORTY-THREE HUNDREDTHS (221.43) FEET IN LENGTH, EAST AND WEST.
PARCEL 10:
THE WEST HALF (1/2)OF THE SOUTH ONE QUARTER (1/4)OF BANK OUT LOT NUMBERED
FIFTY-SEVEN (57) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH
BEND, PLATTED BY THE STATE BANK OF INDIANA.
PARCEL 11:
A PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57) IN THE STATE BANK OF INDIANA'S
FIRST ADDITION TO THE TOWN, NOW CITY OF SOUTH BEND, BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID BANK OUT LOT NUMBERED
FIFTY-SEVEN (57), THENCE RUNNING EAST WITH THE NORTH LINE OF SAID LOT ONE
HUNDRED (100)FEET, THENCE SOUTH TWENTY-FIVE (25) FEET;THENCE WEST ONE HUNDRED
(100) FEET TO THE EAST LINE OF SCOTT STREET, THENCE NORTH TWENTY-FIVE (25) FEET TO
THE PLACE OF BEGINNING, BEING TWENTY-FIVE FEET NORTH AND SOUTH BY ONE HUNDRED
(100) FEET EAST AND WEST OUT OF THE NORTHWEST CORNER OF SAID LOT.
PARCEL 12:
PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF
THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA,
DESCRIBED AS BEGINNING ATA POINT TWENTY-THREE AND THREE TENTHS(23.3) FEET NORTH
OF THE SOUTHWEST CORNER OF THE NORTH HALF (1/2)OF THE WEST HALF (1/2)OF THE
SOUTH HALF (1/2) OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57); RUNNING THENCE
NORTH TWENTY-TWO AND SIX TENTHS (22.6) FEET; THENCE EAST ONE HUNDRED TWENTY-SIX
AND SEVEN HUNDREDTHS (126.07) FEET;THENCE SOUTH TWENTY-TWO AND SIX TENTHS (22.6)
FEET;THENCE WEST ONE HUNDRED TWENTY-SIX AND SEVEN HUNDREDTHS (126. 07) FEET
TO THE PLACE OF BEGINNING.
PARCEL 13:
THE EAST ONE-HALF (1/2) OF BANK OUT LOT NUMBERED, FIFTY-EIGHT(58) OF THE FIRST
PLAT OF OUT LOTS OF THE TOWN, NOW CITY, OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA,
PLATTED BY THE STATE BANK OF INDIANA, EXCEPTING A PARCEL OF LAND ONE HUNDRED
TWENTY-TWO (122) FEET IN WIDTH, NORTH AND SOUTH, TAKEN OFF OF AND FROM THE ENTIRE
LENGTH OF THE NORTH SIDE THEREOF, LEAVING A TRACT SIXTY-NINE AND FORTY-
HUNDREDTHS (69.40) FEET WIDE, NORTH AND SOUTH, BY TWO HUNDRED TWENTY-ONE AND
FORTY-THREE HUNDREDTHS (221.43) FEET LONG, EAST AND WEST.
PARCEL 14:
A PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF
THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA, WHICH
PART IS BOUNDED BYA LINE RUNNING AS FOLLOWS, TO WIT: BEGINNING ATA POINT TWENTY-
NINE (29) FEET SOUTH OF THE NORTH WEST CORNER OF SAID LOT NO. 57, RUNNING THENCE
SOUTH TWENTY-SEVEN AND ONE TENTH (27.1) FEET; THENCE EAST ONE HUNDRED TWELVE
AND FIVE TENTHS (112.5) FEET; THENCE NORTH TWENTY-SEVEN AND ONE TENTH (27.1) FEET;
THENCE WEST ONE HUNDRED TWELVE AND FIVE TENTHS (112.5) FEET TO THE PLACE OF
BEGINNING, TOGETHER WITH THE RIGHT AND USE OF THE TWELVE (12) FOOT PRIVATE
DRIVEWAY, RUNNING. EAST AND WEST, IMMEDIATELY SOUTH OF AND ADJOINING SAID LAND.
PARCEL 15:
THE EAST HALF OF THE NORTH HALF OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF
THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, ST.JOSEPH COUNTY,
INDIANA, PLATTED BY THE STATE BANK OF INDIANA.
PARCEL 16:
PART OF BANK OUT LOT NUMBERED FIFTY-SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF
THE TOWN, NOW CITY, OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, PLATTED BY THE
STATE BANK OF INDIANA, DESCRIBED AS BEGINNING AT A POINT 100 FEET EAST OF THE
NORTHWEST CORNER OF SAID BANK OUT LOT 57; RUNNING THENCE SOUTH 29 FEET;THENCE
EAST 12 1/2 FEET; THENCE SOUTH 39.1 FEET;THENCE EAST 12 FEET; THENCE SOUTH 52.9
FEET;THENCE EAST 97.26 FEET; MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF
SAID BANK OUT LOT 57; THENCE NORTH TO THE NORTH LINE OF SAID BANK OUT LOT 57;
THENCE WEST ALONG SAID NORTH LINE TO THE PLACE OF BEGINNING.
PARCEL 17:
THE NORTH ONE-HALF (1/2)OF THE SOUTHEAST QUARTER(1/4)OF BANK OUT LOT NUMBERED
FIFTY-SEVEN (57) OF THE FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH
BEND, PLATTED BY THE STATE BANK OF INDIANA.
PARCEL 18:
PART OF BANK OUT LOT NUMBERED FIFTY/SEVEN (57)OF THE FIRST PLAT OF OUT LOTS OF
THE TOWN, NOW CITY, OF SOUTH BEND, PLATTED BY THE STATE BANK OF INDIANA,
DESCRIBED AS BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH HALF(1/2)OF THE
WEST HALF (1/2) OF THE SOUTH HALF (1/2)OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN
(57); RUNNING THENCE NORTH 23.3 FEET;THENCE EAST 223 FEET, MORE OR LESS, TO THE
EAST LINE OF THE WEST HALF (1/2 OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57);
THENCE SOUTH 23.3 FEET; THENCE WEST 223 FEET, MORE OR LESS.TO THE PLACE OF
BEGINNING. TOGETHER WITH AN EASEMENT AND RIGHT-OF-WAY AND THE USE OF A DRIVEWAY
FROM SCOTT STREET INTO A PART OF SAID BANK OUT LOT NUMBERED FIFTY-SEVEN (57),
WHICH SAID DRIVEWAY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS, VIZ: BEGINNING AT
A POINT 56.1 FEET SOUTH OF THE NORTHWEST CORNER OF THE WEST HALF(1/2)OF SAID
BANK OUT LOT NUMBERED FIFTY-SEVEN (57); THENCE SOUTH 10 FEET; THENCE EAST 223
FEET, MORE OR LESS,TO THE EAST LINE OF SAID WEST HALF (1/2)OF SAID BANK OUT LOT
NUMBERED FIFTY-SEVEN (57);THENCE NORTH 10 FEET; THENCE WEST 223 FEET, MORE OR
LESS, TO THE PLACE OF BEGINNING, SAID DRIVEWAY TO BE USED FOR INGRESS AND EGRESS
TO THE ABOVE DESCRIBED PREMISES.
PARCEL 19:
LOT NUMBERED FIVE (5), SIX (6)AND SEVEN (7)AS SHOWN ON THE RECORDED PLAT OF
TOUHEY AND HAGERTY'S SUBDIVISION OF BANK OUT LOT NUMBERED FIFTY-NINE (59)OF THE
FIRST PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, PLATTED BY THE STATE
BANK OF INDIANA,AS RECORDED IN ST. JOSEPH COUNTY RECORD BOOK 2, ON PAGE 36.
PARCEL 20:
LOTS NUMBERED EIGHT(8), NINE (9),AND TEN (10)AS SHOWN ON THE RECORDED PLAT OF
TOUHEY AND HAGERTY'S SUBDIVISION OF BANK OUT LOT NUMBERED FIFTY-NINE(59)OF THE
STATE BANK'S FIRST ADDITION TO THE CITY OF SOUTH BEND.
PARCEL 21:
A LOT OR PARCEL OF LAND DESCRIBED AS BEGINNING ON THE EAST LINE OF SCOTT STREET,
ATA POINT THIRTY-ONE AND FIFTY-SEVEN HUNDREDTHS (31.57) FEET NORTH OF THE
SOUTHWEST CORNER OF THE NORTH HALF (1/2)OF BANK OUT LOT NUMBERED FIFTY-EIGHT
(58) OF THE PLAT OF OUT LOTS OF THE TOWN, NOW CITY OF SOUTH BEND, ST. JOSEPH
COUNTY, INDIANA PLATTED BY THE STATE BANK OF INDIANA, RUNNING THENCE EAST TWO
HUNDRED TWENTY-THREE AND THREE HUNDREDTHS (223.03) FEET TO THE EAST LINE OF THE
WEST HALF (1/2)OF SAID BANK OUT LOT NUMBERED FIFTY EIGHT(58); THENCE NORTH
TWENTY-SEVEN (27) FEET; THENCE WEST TWO HUNDRED TWENTY-THREE AND THREE
HUNDREDTHS (223.03) FEET TO THE EAST LINE OF SCOTT STREET;THENCE SOUTH ALONG
THE EAST LINE OF SAID SCOTT STREET,TWENTY-SEVEN (27) FEET TO THE PLACE OF
BEGINNING.
WESTERN AVENUE TRANSFORMATION COMMUNITY ENGAGEMENT
Proposed Site Plan
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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
October 7,2025 Oct 8, 2025
Common Council of South Bend Bianca Tirado
227 W.Jefferson Blvd,4tt'Floor City Clerk, South Bend, IN
South Bend, IN 46601
Re: 65-25: The petition of HOUSING AUTHORITY OF SO BEND seeking a Special Exception for Day
Care Center(21-06.01(k)(10))and a use variance to allow Retail& Service,General(21-
06.01(k)(16))in U3 Urban Neighborhood 3 in the U3 Urban Neighborhood 3 for property located at
628 WESTERN AVE
Dear Council Members:
I hereby Certify that the above referenced petition of HOUSING AUTHORITY OF SO BEND was
legally advertised on September 26,2025 and that the South Bend Board of Zoning Appeals at its public
hearing on October 6,2025 took the following action:
Upon a motion by Francisco Fotia,being seconded by Caitlin Stevens and unanimously carried,a
petition by HOUSING AUTHORITY OF SO BEND seeking a Special Exception for Day Care
Center(21-06.01(k)(10))and a use variance to allow Retail&Service,General(21-06.01(k)(16))in
U3 Urban Neighborhood 3 for property located at 628 WESTERN 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,
crAit
Timothy Staub
Zoning Specialist
Attachment
CC: HOUSING AUTHORITY OF SO BEND
Sarah Schaefer
Allison Doctor
Building Department
Bob Palmer
Staff Report— BZA#0368-25 October 6, 2025
Filed in Clerk's Office
Property Information
Location: 628 WESTERN AVE Oct 8, 2025
Owner: HOUSING AUTHORITY OF SO BEND
Bianca Tirado
City Clerk, South Bend, IN
Project Summary
This petition is for a property that is being developed as part of a large-scale, mixed-use
redevelopment project. The plan for this property is to build two and three story walk-up apartment
buildings, as well as a taller elevator apartment building that will also contain a daycare and
potential retail space.
Requested Action
• Special Exception:
o Day Care Center (21-06.01(k)(10))
• Use Variance:
o Retail & Service, General (21-06.01(k)(16))
• Variance(s):
o A-from the 150' building width maximum for a shop building type to 290' (21-
08.02(k)(3)),
o B -from the 15' maximum residential front yard setback to 130' (21-03.05(d)),
o C -from the 120' maximum building width for a stacked flats building type to 200'
(21-08.02(j)(3)), and
o D - to allow an accessory structure in a front yard (21-06.02(d)(1))
Site Location
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Staff Recommendation
Based on the information provided prior to the public hearing, the staff recommends the Board
send the petitions for the Special Exception and Use Variance to the Common Council with a
favorable recommendation. Staff also recommends that the Board approve the building setback
and accessory structure variances as presented, and approve the stacked flats and shop building
width variances subject to superior articulation through such design techniques as enhanced
detailing, changes in material, or changes in the building plane.
SOUTH BEND BOARD OF ZONING APPEALS Page I of 5
Staff Report — BZ.A#0368-25 October 6, 2025
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SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 5
Staff Report— BZA#0368-25 October 6, 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 uses of a daycare center and retail or service, general will not be injurious to
the public health, safety, comfort, community moral standards, convenience or general
welfare. There is already a significant amount of retail in the area, and a daycare would
provide minimal disruption to the area while helping to provide an essential service for local
families.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
The proposed uses will not injure or adversely affect the use of the adjacent area or property
values therein. Retail space and a daycare in this area have the potential to increase
property values by providing desirable amenities for the neighborhood. These uses would
also be situated adjacent to Western Avenue, a major street that already contains similar
types of uses and is able to accommodate more.
(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 uses will be consistent with the character of the district in which they are
located and the land uses authorized therein. There are already many commercial uses
along Western Avenue, and the retail space could function as a great complement to the
adjacent baseball stadium and the existing retail spaces surrounding that. Additionally, the
daycare will provide an essential service for parents and their children living in the
residential buildings included in this project, as well as others across the city.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The proposed uses are compatible with the recommendations of the Comprehensive Plan,
including Policy LU 2.2, which recommends pursuing a mix of land uses along major
corridors, and objective ED 2, which is to retain existing businesses and recruit new ones to
the city.
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 of the variances will not be injurious to the public health, safety, morals, and
general welfare of the community. The longer building widths for both the shop and stacked
flats buildings will allow for buildings that still fit contextually within this neighborhood on the
sot III IiI:NI) BOARD OF ZONING APPEALS Page of
Staff Report— BZA#0368-25 October 6, 2025
downtown fringe and the Western Avenue streetscape. The setback and accessory
structure variances will promote the creation of a public park that will provide a new amenity
for the neighborhood, helping to improve the public health and general welfare.
(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 will not be affected in a substantially
adverse manner by the longer building widths. Specifically for the shop building at the corner
of Western and Taylor, the width variance will allow for more units to be served by an
elevator and for an angled facade at an intersection that provides architectural interest.
Allowing for the larger setback and accessory structure in a front yard will promote the
creation of a publicly accessible park that will provide a new amenity for the neighborhood
and potentially increase property values.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
A strict application of the ordinance would not allow for the width of the shop building at the
corner of Western and Taylor, although the facade is angled in such a way that it meets the
intent of the ordinance to prevent long, unbroken stretches of wall along the street. This
effect will also be achieved by the mixed-use nature of the building, which is proposed to
have residential, retail, and childcare uses along the longer side. For the stacked flats
buildings, strict application would make it difficult to deliver on this project's goal of creating
a mixed-income community while retaining as many public housing units on site as possible.
For the building setback and accessory structure variances, those are a result of the siting of
a park on the property in an easily accessible location for both residents and other
community members. This necessitates its location along the new public street proposed
through the development, instead of having it tucked behind buildings if they were to be
within the required setback, which would make it more hidden from view. Since the park is
technically in the front yard for the setback buildings as well, the strict application of the
code would prevent any accessory structure from being placed within it, which would
severely limit its potential to become an engaging, lively space.
(4)The variance granted is the minimum necessary
The variance granted is the minimum necessary. The building setback variance is just
enough to accommodate the size of the park, which is all technically located in the front
yard, meaning that the accessory structure variance is required to allow for the construction
of any accessory structure in the park. Specifically for the shop building at the corner of
Western and Taylor, the width variance will allow for a centralized entrance for the
residential portion of the building at the corner and one elevator for the whole building. The
stacked flats width variance is the minimum needed to still create buildings that help
accommodate the needed for retaining public housing units on site within a mixed-income
development and add appropriate density to the site.
(5)The variance does not correct a hardship cause by a former or current owner of
the property
For the building setback and accessory structure variances, the hardship is that the zoning
ordinance was not written for unique situations like this, where park space is being closely
integrated with new residential development. The width variance for the shop building
sot Till I3I:N1)BOARD OF ZONING APPEALS 1'.iek: 4 of
Staff Report— BZA#0368-25 October 6, 2025
responds to a unique situation in which an angled portion of a facade at a corner is included
in the same width calculation as a facade along an adjacent street, contributing to it
exceeding the maximum permitted width despite it meeting the intent of the ordinance. The
building width variances are a result of the hardship imposed on the petitioner of having to
try and retain as many public housing units on site as possible while still pursuing mixed-
income development.
Analysis & Recommendation
Analysis: Incorporating a daycare and retail space into this development will provide new
amenities for the neighborhood and fit with the other commercial uses on and near Western
Avenue. Granting the setback and accessory structure variances will allow for the creation of a
new publicly accessible park. The building width variance for the mixed-use shop building will
allow it to have one central elevator while meeting the intent of the ordinance, and the width
variance for the stacked flats buildings will help the petitioner retain as many public housing
units on site as possible, and construct buildings that create continuity with the rest of this
development.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board send the petitions for the Special Exception and Use Variance to the
Common Council with a favorable recommendation. Staff also recommends that the Board
approve the building setback and accessory structure variances as presented, and approve the
stacked flats and shop building width variances subject to superior articulation through such
design techniques as enhanced detailing, changes in material, or changes in the building plane.
SOt III BENT) BOARD OF ZONING APPEALS Page 5 of 5