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Home My WebLink About71-25 Special Exception at 1409 West Indiana Avenue Filed in Clerk's Office City of South Bend Oct 16, 2025 Bianca I irado BOARD OF ZONING APPEALS City Clerk South Bend, IN October 15, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1409 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, Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 S. Dr. Martin Luther King,Jr. Blvd South Bend, IN 46601 I 574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office Oct 16,2025 BILL NO.71-25 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 1409 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: 1409 W.Indiana Avenue In order to permit a two-unit dwelling. SECTION H.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 IN 46601 BOARD OF ZONING APPEALS South Bend, zoning@southbendinendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-14-303-006.000-026 Address: 1409 W Indiana Ave Owner: KT Solutions LLC Zoning: U1 Urban Neighborhood 1 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 111 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: City Hall City of South Bend 215 S. Dr. Martin Luther King Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend,IN 46601 (574) 235-7627 Filed in Clerk's Office November 5, 2025 Nov 5, 2025 Common Council of South Bend 215 S. Dr. Martin Luther King Jr. Blvd.3'Floor Bianca Tirado South Bend, IN 46601 City Clerk. South Bend, IN Re: Bill 71-25:The petition of KT SOLUTIONS LLC seeking a Special Exception for Dwelling,2 Units in U1 Urban Neighborhood 1 (21-06.01(j)(3))in the Ul Urban Neighborhood 1 for property located at 1409 W INDIANA AVE Dear Council Members: I hereby Certify that the above referenced petition of KT SOLUTIONS LLC was legally advertised on October 24,2025 and that the South Bend Board of Zoning Appeals at its public hearing on November 3, 2025 took the following action: Upon a motion by Caitlin Stevens,being seconded by Kaine Kanczuzewski and unanimously carried, a petition by KT SOLUTIONS LLC seeking a Special Exception for Dwelling,2 Units in Ul Urban Neighborhood 1 (21-06.01(j)(3)) for property located at 1409 W INDIANA 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. Brian Killen Zoning Administrator Attachment CC: Building Department Bob Palmer Staff Report — BZA#0375-25 November 3, 2025 Property Information Location: 1409 W INDIANA AVE Owner: KT SOLUTIONS LLC Project Summary The petitioner seeks to build a new two unit dwelling Requested Action Special Exception: Dwelling, 2 Units in U1 Urban Neighborhood 1 (21-06.01(j)(3)) Site Location .- ( ' , x4 1 i . . y . _ 1 i IL._ , ... ..- ,,_ W INDIANA AV .,- 5 ` t . ,, ., .„.. +-t--1 - .It - .-_,a,!. so_ ., . -.41;,-. .41~1•41081. .,,,tt 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 1 of 3 Staff Report— BZ.A#0375-25 November 3, 2025 Proposed Site Plan T '3 9 b 1 Ilir ca;) I, , col . . 1.• _ F. loe0 1 - _ it,„pt r ,. _ 1 . _ _._ . re , Itif .00 • _ _ .. . . . _ lir ._ .,. 9. . 0 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0375-25 November 3, 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, potentially raising property values. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; A two unit dwelling will 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. It is also consistent with project idea 11 from the 2022 Rum Village Neighborhood Plan, which is to fill vacant underutilized lots with low- to medium-density residential development. 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. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3