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Home My WebLink About67-25 Special Exception at 307-321 Hill Street and 523-529 East Lasalle Avenue City of South Bend BOARD OF ZONING APPEALS September 17, 2025 Filed in Clerk's Office Honorable Dr. Oliver Davis 4th Floor, County-City Building rado South Bend, IN 46601 Clerk,South T Bend,Bend, IN RE: Special Exception at 307-321 Hill 523-529 La Salle 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 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: An entertainment and hospitality destination designed to transform an underutilized site into a vibrant public destination known as The Yard, which will feature dining, entertainment, and recreational attractions in a family friendly urban environment. 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, rA 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. 67-25 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 321 HILL ST & 319 HILL ST & 317 HILL ST & 315 HILL ST & 307 HILL ST & 523 LASALLE AVE & 529 LASALLE AVE COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To establish an outdoor entertainment and recreation venue with the restaurant use on the premises 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: 307 N HILL ST 018-5008-0234 315 N HILL ST 018-5008-0233 317 N HILL ST 018-5008-0232 319 N HILL ST 018-5008-0231 321 N HILL ST 018-5008-0230 523 E LASALLE AVE 018-5008-0235 529 E LASALLE AVE 018-5008-0236 In order to permit Entertainment/Recreation Facility, Outdoor(21-06.01(k)(9)) 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 - 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: 71-08-12-201-006.000-026 Address: 529 E Lasalle Ave and surrounding properties (see site plan) Owner: Greater Lowell Holdings LLC Zoning: Choose the current district Downtown(DT) Project Summary: An entertainment and hospitality destination designed to transform an underutilized site into a vibrant public destination known as The Yard, which will feature dining, entertainment, and recreational attractions in a family-friendly urban environment. Requested Action 10 Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Entertainment/Recreation Facility ❑ Variance(s) - List variances below. complete and attach Criteria for Decision Making Variance(s) requested: Variance for number of accessory buildings Variance for transparency of the entry building 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 n 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 use will not be injurious because The Yard is designed as a safe, family-friendly destination, operating within all applicable building, safety, and fire codes. The project will add lighting, security, and pedestrian-oriented features to improve the area's safety and accessibility. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed use will not adversely affect adjacent areas or property values, because the redevelopment replaces underutilized parcels with attractive, well-programmed facilities that enhance the neighborhood and create synergies with existing businesses. (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 use will be consistent with the character of the district, because the project introduces active, community-oriented uses that are compatible with existing commercial, cultural, and recreational activity in the East Bank neighborhood. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is compatible with the Comprehensive Plan, because it advances goals for redevelopment, improved public space, activation of the LINK Trail, and economic development through tourism and local engagement. It transforms underutilized parcels into a vibrant destination that connects people to place and to each other, directly advancing the plan's vision. 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 variances will not be injurous to the public health, safety, morals and general wellfare of the community, because the site will be designed and constructed to meet all safety standards, while providing safe pedestrian access and improved site activation. (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 use and value of adjacent properties will not be adversely affected, because the project enhances the area with high-quality design, landscaping, and consistent site maintenance, thereby increasing vibrancy and supporting neighborhood vitality. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The use as an outdoor entertainment facility necessitates requires multiple, small accessory buildings including restrooms, concessions, and a bandshell for performances and community programming. In addition, the modular shipping containers used for the entry building have fixed dimensions and materials that make transparency requirements impractical to meet. Strict interpretation of the zoning ordinances would prevent the project from moving forward. (4) The variance granted is the minimum necessary, because: The variances requested are the minimum necessary to allow the site to operate effectively while maintaining design quality. Auxiliary buildings should not have the same requirements as a typical development building. These buildings have been reduced to the minimum size and site frontage required for an outdoor entertainment facility of this nature. (5) The variance does not correct a hardship caused by a former or current owner of the property, because: The variance does not correct a hardship caused by a former or current owner of the property. The need for these variances results from the unique operational and design requirements of a outdoor entertainment facility. Contact Information Property owner(s) of the petition site: Name: Frank Fern Address: Name: Address: Name: Address: Contact Person: Name: Riley Ellingsen Address: ' 11.111111111.1.11111.1 Phone Number: 10111111111111 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: SITE INFORMATION .oerRew.n....,.ne.,en ... ---_- —_ _ .•.... _: .. -., tee ,, -` - - mR,u tiONMEHM.RR, Y v.MIMMEMIAM, 14,00•1'I'RLI'ALLEY ,1 f - - - -� , - ... r eMMalad.a.sre .10 so... .mr;n IMEO MIME core.. MAIN.EidaeSE %.11 I IA-I jI r sr,. ',se. I E✓mx f PROJECT IMPS -REFER TO oo.emna.".L, ,.s. MR.Ie«'' IIr- E .... L aw rRI I SHEET CtOAND C2.0 FOR y mneui , .s an. �..�.� I DETAILED IAYOUTAND ', _y_ ' GRADING PLANS wa..o.wr.rArEn.maEe , xrr w. rL F ❑ l "'I` • H use I I rr..�..r. .:} _ f 41 fir.. _ I ,�„ r a'. o a rwMMEMIn w me,w.vamw.wuu.o m r,. I r.AE %.1 I� T it 1 C.I. m ms,nma.r.,.r, wrrmrw.wnwra. ' 9, N �.:- - ICE CREAM r--.� L��. ,� --J --- --- v - ♦� f r , L. �... SHOP t:. -.4 ... , ..' i 11 I HILL STREET-{rliou' I<'40) -... UOSCAPE MCNTECT A RIMIER LIVE ENGINE(r. neVISIMIS [HEM. THE YARD ON HILL STREET ..,ERMeNER« - -, N'` SOUTH BEND,INDIANA �, °PP1CTNT C O. I (..V. I .T z.,OVERALL �� SITE PLAN wee alrousrxn IwrvwoREfun City o f 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,4"'Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: 67-25: The petition of GREATER LOWELL HOLDINGS LLC seeking a Special Exception for to permit Entertainment/Recreation Facility,Outdoor in the DT Downtown for property located at 321 HILL ST and 319 HILL ST and 317 HILL ST and 315 HILL ST and 307 HILL ST and 523 LASALLE AVE and 529 LASALLE Avenue Dear Council Members: I hereby Certify that the above referenced petition of GREATER LOWELL HOLDINGS LLC 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 Caitlin Stevens,being seconded by Francisco Fotia and unanimously carried, a petition by GREATER LOWELL HOLDINGS LLC seeking a Special Exception for to permit Entertainment/Recreation Facility, Outdoor for property located at 321 HILL ST and 319 HILL ST and 317 HILL ST and 315 HILL ST and 307 HILL ST and 523 LASALLE AVE and 529 LASALLE Avenue,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. frA Timothy Staub Zoning Specialist Attachment CC:GREATER LOWELL HOLDINGS LLC Riley Ellingsen Frank Perri Building Department Bob Palmer Staff Report— BZA#0372-25 October 6, 2025 Property Information Location: 321 HILL ST and 319 HILL ST and 317 HILL ST and 315 HILL ST and 307 HILL ST and 523 LASALLE AVE and 529 LASALLE Avenue Owner: GREATER LOWELL HOLDINGS LLC Project Summary The applicant intends to develop an outdoor entertainment space in support of a restaurant. Requested Action Filed in Clerk's Office Special Exception: Oct 8, 2025 • to permit Entertainment/Recreation Facility, Outdoor Variance(s): Bianca Tirado • from the facade transparency of 60% to 0% (21-03.08(h)) City Clerk, South Bend, IN • from the maximum number of accessory buildings of 1 to 3 (21-06.02(e)) Site Location __..,----1-, - 1..7 - _ - _ x E MADISON ST NI 1116- T ate_ . _- �, s. . IEM : '4, 7 E r !. ,0' miim a .. .iiiii,o-ol ‘offr, -...,,,,„ , , , Iiil_,-. • % , , A r . , - Illr J ---- zq /14; • - If: .1' ' -1.I.. ....' At A '. , _ ' lik ,,,,,,_ ' .,, 1 at E LALLE AVER_, 41: rgr ' Alm sr-�'',.,, \ f � ` .fie ! 1 ii,.. ... t , :.. _ ... w.-- -, Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the Special Exception petition to the Common Council with a favorable recommendation and approve the variances as presented. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report — BZA#0372-25 October 6 2025 Proposed Site Plan_ _, , . . . i ,.1.• 11.1-M. l't-all 1 ALLEY I P. - ,. - imar...-....--- —--.44-4.,444..-.4444- — i_ . E -••. ------,- , . - ---s t 1 \ •\•.\,,,' 1::-..17-1 —1777761"" I • 04 D ..• .s. I zwa.4•4 ! si ... 4. PROPOS= I I -r I CI DM I.,IIL •4..16•L dal i .. r 1110011117 i I li ,i l.-ALE•,,E , ,. ••••,, T I [I OMPOIND et .to,. .111,1 MOM.WILMS d .1 1 / 4,.- . '_ •,4 ' Ni ------. .. 4. ....'. : p,......... , -,r; ,-,i---1 , ....,.., 0 .... Ii ——4—..i.,.. -- ''''' . 1.:1, -• — - El 7.4e,L.111 IP.!..'U. ‘•-•T' % :•.r..1:.' ..'''''''.,: r i . i , L ..', i. k. ••• .7 0 t,I i .... 4..7 1410/0010 ..; ,_---- , :4:...,',...... / INTITICTIC > , • WM VW., c , L, .... 7,.....%,CI.L.c . II15,...,..7.6......7...... .•IPTI,L.11L1. lf,t,I, u. 611 l ELL 1 11 L I IL . • ' I 7.L.. II IL Lau. oilbscasul -C , 11 I ... ..... I ., Ir--13 , r 1011111,0110 i * , INI01114LL ' 011entftWICC ' ... 1 t , I' t I ! ri , -''' 1 • ,_.x. ,•_. , ' L____.\-i". , , '..,:.P - - .. - I , •I• , - '4- -— '-',.. 313 '31 4• vo 34 _ I I HILL •TE KET :!S!:.;:C. E IT •. ob- .._E* SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Staff Report— BZA#0372-25 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; Approval of this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. Outdoor recreation and entertainment are an essential piece to any downtown area and the activity there should make it safer for all residents. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Outdoor entertainment and recreation should not injure or adversely affect the use of the adjacent area or property values; the use is activating a mostly vacant parcel to feature several activities, drawing more people to the downtown and improving the area around it. (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 will be consistent with the character of the district in which it is located. The Downtown Zoning District calls for a variety of high-intensity urban uses. The proposed use falls within this description. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The proposed use is compatible with the Northeast Neighborhood Plan (2022). The plan calls for active mixed-use on the lot. While this is not the full implementation of the plan; the entertainment/recreation, outdoor, would fit within that mixed-use concept in the future. 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 should not be injurious to the public health, safety, morals, and general welfare of the community. The transparency of the structures and number of accessory structures would not be injurious to the public. (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 should not be affected in an adverse manner. The structures without facade transparency will act as an enclosed barrier for the site and will permit a variety of outdoor activity to occur with the accessory structures providing essential support, thereby activating a vacant parcel. S( II HI NI) BOARD OF ZONING APPEALS Page o1-t Staff Report— BZA#0372-25 October 6, 2025 (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict application of the terms of this chapter would make outdoor entertainment and recreation difficult on this parcel. There is a need to enclose that use, but also have it prominent in the front and corner yards. The reduction of the facade transparency makes that possible. Outdoor entertainment and recreation also may need support structures like band shells and retail space while also allowing it to be open to the sky above. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. In order to site the multitude of uses on the property, multiple accessory structures are needed to fulfill the use's operations. Three accessory structures should provide that function. The lack of transparency permits the enclosure of the space behind a building that will function as office and access control. (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 by the former or current owner of the property. It would be extremely difficult to pursue the proposed permitted uses without these variances. Analysis & Recommendation Analysis: This petition seeks to permit an outdoor activity space for the enjoyment of the residents and visitors of the city. This use requires enclosure and access management along with accessory structures to support it. The special exception enlivens a vacant parcel in the city's downtown and the variances provide the details that make it possible. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the Special Exception petition to the Common Council with a favorable recommendation and approve the variances as presented. SOl III lit \1) BOARD OF ZONING APPEALS 1';icr o1 4