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HomeMy WebLinkAbout74-25 Special Exception at 1005 White Oak Drive City of South Bend BOARD OF ZONING APPEALS November 17, 2025 Honorable Dr. Oliver Davis Filed in Clerk's Office 3rd Floor, City Hall South Bend, IN 46601 Nov 18, 2025 Bianca I irado RE: Special Exception at 1005 White Oak Dr C ilv Clerk South Rend. IN 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 November 24, Council meeting and set it for public hearing at your December 8, Council meeting.The petition is tentatively scheduled for public hearing at the December 1, 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: Petitioner intends to construct a 2 unit dwelling in the future. 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, or-rxid, Timothy Staub Zoning Specialist CC: Bob Palmer City Hall l 215 S. Dr. Martin Luther King Jr. Blvd.I South Bend, IN 46601 1574-235-7627 I www.southbendin.gov/zoning Filed in Clerk's Office Nov 18, 2025 BILL NO. 74-25 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 1005 WHITE OAK DR COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioner intends to construct a 2 unit dwelling in the future. 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: 1005 WHITE OAK DR 018-5149-5616 In order to permit Dwelling,2 Units 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 LC/ vv. Jerrerson - butte 14uU) BOARD OF ZONING APPEALS South Bend, IN d zoning@southbenendinin.gov Petition for Variance - Special Exception Property Information Tax Key Number: a1$—CYO '56,j(0 �/ � Address: /D45 Wh;>`P (,ak 7lye_ � / Owner: Jo 1,1S-oil1 I 7e lore-s Zoning: Choose the current district Si. — T6 Project Summary: ss-,�n. /j a. 479 � Filed in Clerk's Office Nov 18, 2025 Bianca Tirado City Clerk, South Bend, IN Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: Variance(s,_ List variances below, mplete 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, comfortt,z community moral standards, convenience or general welfare, because: tk LA 64-10:Arth thAA-0-4144" tAilifak-Mtkla-Wytt --11q/ltelt-aek /hArd (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: - Ll Akt_ -l1 'Lh aAkt -14A1kc ktruk(116- utitJ ank- akeit_Ltkod- Abuntdi itru) dietwit (3) The proposed use will be consistent with the character of the district in which it i located and the land uses authorized therein, because:, px -0. 10 Lu C6 - 1AA-2�I �vt & (Afig-O�u,a-C yLP�t K a c� (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: it1,the.,,,k4fAAt � QL+t�Q,Q. Contact Information Property owner(s) of the petition site: Name: 1 V&,5 . <Jo - Address: jAmtte. ock ). (40 _--5c6, 7, 4/40(v /7 Name: Address: Name: Address: Contact Person: Name: Address: /40.A5- �f � . d 2 7A7: 46/7 Phone Number: (iq) "- 1/72 E mail: dee /lJki7Sd)-7. cfS /. Cd 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) natures: • (IRESS NSO0 I ; i I IQ05 Whit-MINI i4- bi~IV e I , I / i I I ; / Sca I :20 ; -. ; , . - ' .1 r -ut-t(0. g•0,2 PlellA Iii i ,- i I - t----i--- 1 — 1 I i _1 j !.. 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