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Home My WebLink About72-25 Special Exception at 1101 Elliott Street Filed in Clerk's Office Oct 16, 2025 City of South Bend Bianca rirail() BOARD OF ZONING APPEALS ``�` ��``� �` �`�' �3ci", IN October 15, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1101 Elliott Street 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 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.72-25 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 1101 ELLIOTT STREET COUNCILMANIC DISTRICT NO.2 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: 1101 Elliott Street 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 fords 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- ^' c^uth Bend 227 W. Jefferson - Suite 1400S City "' ' ' South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number. q--1 D 3- 1 S 0 20• 0o o - 26 Add 1101 >�I<< sfi SO CJ fA & c( j -pGZe Ov r,err^ ( 101 E (�i J stre-tfi rtrgirt] Cal2E2 k i-SA! ' 'v4✓� Zoning: Choose the current district "1-v stce s' osRpt, C.)vh"t Project Summary: ,_( t-xt 04-1 in 09e "(- Requested Action oeciai txceotton! use variance. - complete aria atteen untena TO.rLec!sl tv.raKina use reauestec: v p(t x o�r tw d () vanance(s) - List variances aglow, complete and attach unteria for oec/Slon Making 'lariance(s) requested: Required Documents Completed Application (includina Criteria for Decision Makina and Contact Informatiar, I Site Plan drawn to scafk/bv;(c( 5 tG, Filing Fee Criteria for Decision Making r►Arlal Fxrnntinn - if annlirahln A Special Exception may only be granted uoon makina a written determination. basea upon tea evidence presented at a public hearing. Please address how the project meets the following criteria. (11 The or000sed use will not be injurious to the public health. safety. comfort. community moral standards, convenience or general welfare, because: Vv ; << �� s¢ c.s `ve1l` Jr1,'`fs (1._5; 4t0\fi 41. (21 The proposed use will not injure or adversely affect the use of the adjacent area or propertyvaluestherein. because ( In- t) Id r (t V��1r0✓rz vt��Vt burs Vat.-e_S �.s ?rJ(<�c <r (31 The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: s et (4) The or000sed use is compatible with the recommendations of the Comprehensive Plan. because T- t 5 1.1' Q-cW px S+;vs S4ru c r_v rc$' Contact Information rrocerty ownensi or me Demon a I_ r IS4L(Nair ! To � (T') c" r2_�' l�Js� 0 J— ,1�. ln,47EZ k�ver�► iAcaress: 2 5 5-5 �ju n�o r A► I�r. el-v.„ ii..L.s 1i C+roi ell)wN ? 6 ii- ? o t13 i oor ess: Haut ess. intact Person: name: �J L. (A c" 2- Akt) (I'✓�� .�-5 44f-(M. ��;ie Y�}. 'Dr 6 rovt�'wJ1' ft. 306'? 3 �,aaress Z 3 S �f )� je r , �l , Ei Phone Number: q 31- 2�6 ' 3 6 9 7 E-mai Lk-Pro M51Wt 6v ' I. CoM .._. _ianinq 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 ...s9 gut ti s related to this petition. Pro•erty Ow er (, Si. .tures: / . Building Sketch ,is ,-101 Elfiotl 5t —— J 7 r*' _ .-,-.t.,send County St.Jose& Stan IN Zb Code 46628-1013 t I I it c E i 2 1 = Beorl3om j 1 l I I I I Garin e Bath ',i 2 Car Detached co o �o Wit {360 Sq ft] +I living ADU I ( i Room ii 1 [EttiLlSq"1:: i ( Kitchen 20 �8' ?K' I I Kitchen Bedroom if b Balh o m In C I-firlg Room Unfinished Bedroom First Floor up [1441 Sq Ill ^'_ Basement NJ [1441 Sq ft] Bedroom in 3' Foyer I 3' Bath i. t, - Living Bedroom Room 28' 28' $ ;01.1.5.0.nr•.na...t- Ares Calcuktioas Summon/ 1 ill UP.104 Ate ollotare,a oaaaa •I F.IA Floor 1+11 50 ft 52 x 25-1300 I 30x3 = 90 17 x_ 511 Taal Lades Ana(Raw10s4): 1441 Se ft !nlNMI/Mar 2�plRldlad 3605aIt 1Bx20= 360 Basement 14415a ftS2 x 25. 1300 511 . 90 f 31 Wm CVT 01 nem_'TnTAI•514nnio51 onthutre hu 5 h mn.lu inn.I_GMI II 61* 018-2062-2283 No So Filed BN _____ 2024-29187 _ t ransfer i 93V8 RECORDED AS PRESENTED ON Taxing Unit South Bend 12/09/2024 10:34 AM Date 12/09/2024 MARY BETH WISNIEWSKI sr.JOSEPH COUNTY RECORDER PGS:3 FEES:25.00 WARRANTY DEED Under IC 32-17-1-2 This WARRANTY DEED. executed on this J day of 1L . 20 2-`1, by the Grantor. Ivan L. Loner and Isabel M. Rivera Perez husband and wife having an address of 1101 Elliott Street.South Bend,IN 46628 to the Grantee, Scott Royal Smith, Trustee of the 1101 Elliott Street,Trust.with a mailing address of 1309 Arbor Lake Blvd.Hermitage TN 37076. \VETNESSEITL that said Grantor, for the sum of S0.00(Zero Dollars and no one-hundredths) and other valuable consideration. Conveys, and Warrants the following parcel of land in St. Joseph County. Indiana - legally MH described as: Lot Numbered 318 as shown on the plat of Lincoln Manor Addition recorded December 4,1923 in the Office of the Recorded of St.Joseph County.Indiana,in Plat Boo:11,pages 108-109 and re-recorded February 25. 1930 in Plat Book 13,pages 80-81. Comrltoniy known as: 1101 Elliott Street,South Bend,IN 46628 Key No.:018-2062--2283 Tax Parcel No:71-08-03-155-020.400-026 Source of Title: St.. Joseph County Recorder's Office. State of Indiana Document Nos_ 2022-23945 and 2022-23946.both Recorded on 08/16/2022 THIS CONVEYANCE made subject to any and all easements,agreements,and restrictions of record,and to legal highways. TO HAVE AND TO HOLD the above-described premises. together with all and singular the rights and appwlenamces thereto in anywise belonging,unto the said Grantee.Grantee's heirs and assigns forever.and Grantor does hereby bind Grantor_Grantor's heirs,executors and administrators.to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee. Grantee's heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof This property is conveyed AS IS and subject to existing indebtedness_ DU&C&' Ericb["VR IMA/i IIV IV ST.JOSEPH CO-INDIANA SUBJECT TO FINAL ACCEPTANCE FOR TRANSFER 2024-29187 LN WITNESS WHEREOF. the said Grantor has signed and ,wiled these pr4c 1It,trite 1ia11 and i1 tat first above written- \ % 1 1 f\j VA Ivan L. COUNTY <� L�/jG�i` ) BEFORE ME. the undersigned Notary Public_on this day personally appeared heart L. Lopez lnolSn to me to be the person whose name is subscribed to the Foregoing instrument and acknowledged to me that hefshe executed the annexed deed and consideration therein expressed of his/her/their own free will and act_ GIVEN UNDER MY HAND AND SEAL OF OFFECE THIS 3/d4dav of i - Ce- 1 -�' _2O NOTARY P /LLIC/ / Printed Name {' 0(I 1!%r/ f 1-/- j County of Res idence:r MN Commission Expires:l�-1 e° \NI_IK a • • s• C> r & es '•:Q eLIC ° O�V••�27--202'• f's COUt4-.d° ,,iiuiO 01° 2021-29187 IN WITNESS WHEREOF the said Grantor has sinned and Sealed these orients the day and year first above wnitea ' Isabel M.Rivera Perm - - STATE OF E> .f!%`t%ill— COUNTY OF /i/+1114.(17/a ) BEFORE ME, the undersigned Notary Public. on this day personally appeared Isabel M.Rivera Perez known to me to be the person whose name is subscribed to the foregoing instrument and adenowledt¢d to me that he/she executed the ante deed and consideration therein expressed oofhhis/her/the/irr own free will and act. GIVEN CINDER MY HAND AND SEAL OF OFFICE THIS 6y 'of d/1'?-ailc Ps reY'• .20 frf`�p,NTy0 •.'vim; NOTARY PUBLIC • k e' OTA,q Printed Name: /tG�Eit 7 74relrl"" aCounty of Residence: • pU B L�o • �a. m My Commission Expires:!/�/p�Z 07.271 �ND CO' Document Prepnrei1rs Mail tax bills to: &Mail recorded document to: 1101 Elliott Street,Trust Scott Smith.Esq. 1309 Arbor Lake Blvd 5900 Balcones Drive#21113 Hermitage TN 37076 Austin Texas 7873 t I attiaut.under the penalties for perjury,that I have taken reasonable care to redact each Social Security number in this document unless required by law. Scott Smith The parties herein confirm and agree by their signatu es above and:or acceptance of this document that the preparer of this document has trot advised the parties on the propriety or suitability of the conveyance: has been engaged solely for the purpose of preparing this instrument_ has prepared the insrruntent only from information given to preparer by the parties and or their representati►es and that they agree to hold harmless,indemnify and defend the preparer from and against any and an/arras,liabilities: claims, demands,actions suits proceedings and costs of every nature arising therefrom. The parties herein further agree at any time, and from rime to time, to cooperate. adjust; initial, erectile, re-execute and re-deliver such further deeds and documents correct any defect, error or omission and do any and all such further things as may be necessary to implement and carry out the intent of the parties in making this conveyance. Preparer shall not be liable for any consequences arising front ont aiodificahons to this document not made or approved by the preparer. 2024 29i87 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 November 5, 2025 Filed in Clerk's Office Nov 5, 2025 Common Council of South Bend 215 S. Dr. Martin Luther King Jr. Blvd. 3`d Floor Bianca Tirado South Bend, IN 46601 City Clerk. South Bend, IN Re: Bill 72-25: The petition of 1101 ELLIOTT STREET TRUST& SMITH SCOTT ROYAL AS TRUSTEE seeking a Special Exception for Dwelling,2 Units in Ul Urban Neighborhood 1 (21- 06.01(j)(3)) in the Ul Urban Neighborhood 1 for property located at 1101 ELLIOTT ST Dear Council Members: I hereby Certify that the above referenced petition of 1101 ELLIOTT STREET TRUST& SMITH SCOTT ROYAL AS TRUSTEE 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 1101 ELLIOTT STREET TRUST& SMITH SCOTT ROYAL AS TRUSTEE seeking a Special Exception for Dwelling,2 Units in Ul Urban Neighborhood 1 (21-06.01(j)(3)) for property located at 1101 ELLIOTT ST,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#0374-25 November 3, 2025 Property Information Location: 1101 ELLIOTT ST Owner: 1101 ELLIOTT STREET TRUST & SMITH SCOTT ROYAL AS TRUSTEE and IVAN LOPEZ and ISABEL RIVERA (TRUSTEES) Project Summary The petitioner is seeking to convert a one unit dwelling into a two unit dwelling. Requested Action Special Exception: Dwelling, 2 Units in U1 Urban Neighborhood 1 (21-06.01(j)(3)) Site Location ---__ ___7.-„AL ,z. Irs • 7ipf J I: / / �: t i. F, ; i f A i -wr i N Aso 1 41 . I' ....,.- ' ,. /a ,C. 4 i ' �., •�✓ .y • r o y E, it a t . -- • i _4 , r40 11�oo -1� 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— BZA#0374-25 November 3, 2025 Proposed Site Plan Building Sketch ,u tto1EBogS(_-- -- ..... ....ya,a Aunt,St Joaeon -- s IN DioCOM 493284413 1 1. i i i I ; 2. 3 j Bedroom I I I I I I Gorage I Bath ~II 2 Car Detached Fe-.S.' (o I 1 [350 Sq RI I Living AMRoom 'EOC Sq R; 4 Kitchen 20 28. /8' Kitchen Bedroom 1/2 r9, Bath Dining Room Unfinished Bedroom First Floor LA [1441 Sq ft] N Basement N [1441 Sq RI Bedroom 3 Foyer Bath V`nr'Q Bedroom Room 28' 28' l U...� oerr..een. l .4.1.11 R.25.IVO A.]. TO l 17.3 - W' Total 1..0.0(Mcd 11: 8Mf Y R N�.erYe MY 0 So It .6 ma•wd Sett R.n.MO . . 44 i, a,n 30R20. uro$ cm.cvimr%sI.MITA.•....w:..i�....,..r....i.....f.:.._•_am.OMA, SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0374-25 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 will not be significantly altered by this conversion, causing it to appear the same from the street as it currently does, and adding an additional unit will have very little impact on things like traffic and noise. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Allowing for this conversion should not injure or adversely affect the uses or values of adjacent properties and the area around the building. The house as it currently exists is consistent with the scale, character, and land use of the surrounding neighborhood, and will not be significantly altered by the conversion. (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 fit with the low-density, residential character of the neighborhood. (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. Analysis & Recommendation Analysis: Converting this one unit dwelling into a two unit dwelling will add to the city's housing stock while still fitting within the low-density, residential neighborhood surrounding it. The conversion will also entail limited alterations to the building, causing the building to appear essentially the same as it currently does from the street. 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. SOL I H MIND BOARD OF ZONING APPEALS Page 3 of 3