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Home My WebLink About70-25 Special Exception at 1417 West Indiana Avenue Filed in Clerk's Office City of South Bend Oct16, 2025 BOARD OF ZONING APPEALS Clerk' ,,��th`'[;, October 15, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1417 W. Indiana 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 October 27, 2025, Council meeting and set it for public hearing at your November 10, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the November 3, 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, %4.40_,Attot, Brian Killen Zoning Administrator CC: Bob Palmer City Hall 215 S. Dr. Martin Luther King,Jr. Blvd South Bend, IN 46601 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office Oct 16,2025 BILL NO.70-25 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 1417 W.INDIANA AVENUE COUNCILMANIC DISTRICT NO.6 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: 1417 W.Indiana 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 fmds 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:71-08-14-303-006.000-026 Address: 1417 W Indiana Ave Owner: KT Solutions LLC Zoning: U1 Urban Neighborhood 1 H Project Summary: I would like to build a Preapproved Stacked Duplex option C on the vacant lot. Requested Action ❑✓ Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: exception to build a pre-approved stacked duplex ❑ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: 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 location is under utilized and will be used in accordance to local laws. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: it will be new and will stay within property lines. (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: it will support the growing population and land use. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: the duplex is approved for U1 with exceptions. 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: KT Solutions LLC Address: 4660 Monroe St Fort Wayne IN 46806 Name: Address: Name: Address: Contact Person: Name: Kemlair Touloute Address: 2630 Pittsburg St Fort Wayne IN 46803 Phone Number: 2604317199 KTSconsults@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: