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Home My WebLink About52-25 Special Exception at 1133 Harvey Street & 522 Blaine Avenue City of South Bend Filed in Clerk's Office BOARD OF ZONING APPEALS AUG 19 2025 Bianca Tirado August 19, 2025 City Clerk, South Bend, IN Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1133 Harvey Street& 522 Blaine Avenue 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 August 25, 2025, Council meeting and set it for public hearing at your September 8, 2025, Council meeting.The petition is tentatively scheduled for public hearing at the September 2, 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: A Special Exception to allow for the use of a duplex. 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, Brian Killen Zoning Administrator CC: Bob Palmer County-City Building I 227 W.Jefferson I South Bend, IN 46601 I 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 52-25 AUG 1 9 2025 rad ORDINANCE NO. Bianca Tth Bo 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 1133 HARVEY STREET & 522 BLAINE AVENUE COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to allow a two-unit dwelling 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: 1133 Harvey Street& 522 Blaine Avenue In order to permit a two-unit dwelling. 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 in. 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 o f South u t h 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 September 3,2025 Common Council of South Bend Bianca Tirado 227 W.Jefferson Blvd,4th Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: Bill#52-25: The petition of AFFORDABLE HOME MATTERS INDIANA LLC seeking a Special Exception for Dwelling,2 Units(21-06.01(j)(3))in U1 Urban Neighborhood 1 in the U1 Urban Neighborhood 1 for property located at 1133 HARVEY ST and 522 BLAINE AVE Dear Council Members: I hereby Certify that the above referenced petition of AFFORDABLE HOME MATTERS INDIANA LLC was legally advertised on August 23,2025 and that the South Bend Board of Zoning Appeals at its public hearing on September 2,2025 took the following action: Upon a motion by Caitlin Stevens,being seconded by Kaine Kanczuzewski and unanimously carried, a petition by AFFORDABLE HOME MATTERS INDIANA LLC seeking a Special Exception for Dwelling,2 Units(21-06.01(j)(3))in U1 Urban Neighborhood 1 for property located at 1133 HARVEY ST and 522 BLAINE AVE,City of South Bend is tabled. If you have any questions,please feel free to contact our office. Sincerely, OrAIAL Timothy Staub Zoning Specialist Attachment CC: CIVIL CITY OF SOUTH BEND Building Department Bob Palmer 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,4'1'Floor City Clerk. South Bend, IN South Bend, IN 46601 Re: 52-25: The petition of Affordable HomeMatters Indiana, LLC seeking a Special Exception for Dwelling,2 Units(21-06.01(j)(3))in U1 Urban Neighborhood 1 in the U1 Urban Neighborhood 1 for property located at 1133 HARVEY ST and 522 BLAINE AVE Dear Council Members: I hereby Certify that the above referenced petition of Affordable HomeMatters Indiana,LLC was legally advertised on August 23,2025 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 Affordable HomeMatters Indiana,LLC seeking a Special Exception for Dwelling,2 Units (21-06.01(j)(3))in Ul Urban Neighborhood 1 for property located at 1133 HARVEY ST and 522 BLAINE 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, CrAlti) Timothy Staub Zoning Specialist Attachment CC:Affordable HomeMatters Indiana,LLC Bennett Bensman Building Department Bob Palmer Staff Report— BZA#0366-25 October 6, 2025 Filed in Clerk's Office Property Information Location: 1133 HARVEY ST and 522 BLAINE AVE Oct 8, 2025 Owner: Affordable HomeMatters Indiana, LLC Bianca Tirado City Clerk, South Bend, IN Project Summary Requesting a Special Exception to allow for the use of a duplex on two U1 zoned lots. Requested Action Special Exception: Dwelling, 2 Units (21-06.01(j)(3)) in U1 Urban Neighborhood 1 Site Location r5 ,r,-,- . ' • s i `� Alk 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 I of 3 Staff Report— BZA#0366-2.5 October 6, 2025 Proposed Site Plan f----. ,_ �5. C A 80. (69 S E8 4?2.2. f 25 8a'1`'�A / cAP FF+v$Do44�H 40 ,off '`' ko ^ cow,' 1 A w ..,• ;,, ,_ zo...' . ,; iika 1 R•+ : , PoM I .d o LY 0 �r� 1 I 4,9 1 I -r W 1 ' '.— SURVEY PARCEL II i ' '' 'N PT.' LOTS 19 be 20 `1 - 'o ? " BIIVER PLACE ADD s7 co co t 36• 1133 HARVEY ST. a 1__ 5.00 /0.08 ACRESt al e 1 i eS Ii M `-In 6 N 7 1\ r` 1 -, „, •• „ 2 `+aa ' ,..„ 0 i. -iii,_ 53— Nam,... _ : .t.4..., -.____. . ScaIe: 'I 20-0" r 10.4y' _ r T 5 e �� " ;J ' �•- moo. ,� AFFORDABLE HOMEMATTERS LLC. S9 O(R) y- Z. +' -------,1 Plot wrvey-BLAINE AVE!MOP ST. R r. �A � �60�R! FORT WAYNE, INDIANA 44r3�' S, 5 e0,P) -SET 5/s' REHMR CM •`4 CAP RP { D44 No. R,1rj go FORTE OEs4c N SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0366-25 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. The building shall be a newly constructed duplex. A two-unit dwelling will provide more neighbors to the neighborhood which will increase safety and the general welfare of the community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Building this duplex should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the duplex is consistent with the scale, character, and land use of the surrounding neighborhood, will bring new neighbors to the area, and will provide housing on a lot that is currently vacant. (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 use as a two unit dwelling will further complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. Additionally, this type of use aligns with the future land use map contained within the comprehensive plan, which recommends for these parcels to be used for medium-density residential. Analysis& Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is currently vacant. 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. ,l)I III 131-A"I) BOARD OF ZONING APPEALS 1).1.1 ;