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Home My WebLink About74-25 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 !.. I ! 1 zo'I No' . i 1 I I 1 i : —1-1 \ .-1 I H _I i— •- - - TI i I 1 -- , , r Yt J ! ±• 1— +-- — — - i—-1 t*ids 4j �HELLE } - !. ` --- -� l• -_I ---.—_ __ '1 • - ' 4`� 4_, I. i_ _ _ ' i..lia,,lojt,_ tv _ill ; ______4_, _:,J. ___ _ i is. __7_____ i _ _ __ . r. -r-_71:---i-,-------1 - - - ------ - - - , 1 1 Ij -� , i _ _ _ ,„,___ .•••__ f_ c. ,a. _ . . 1 1 -- ! 1 i -- ---- , : , • i __ _._ _______ ___J,.,_t__ :, 1 ,, __ _ t . •. i . •I _.. —.1—7-7__.--.• ._ __ - ._ .—--- --- - -- --.. - ________ . — — — — i 1 1 I_ I City Halt City of South Bend 215 S. Martin Luther King,Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend,IN 46601 (574)235-7627 Filed in Clerk's Office December 2, 2025 Dec 3, 2025 Common Council of South Bend 215 S. Dr. Martin Luther King,Jr. Blvd.,3rd Floor Bianca Tirado South Bend,IN 46601 City Clerk, South Bend, IN Re : The petition of JOHNSON DELORES R seeking a Special Exception for a Dwelling,2 Units in S1 Suburban Neighborhood 1 (21-06.01(j)(3))in the S1 Suburban Neighborhood 1 for property located at 1005 WHITE OAK DR Dear Council Members: I hereby Certify that the above referenced petition of JOHNSON DELORES R was legally advertised on November 21,2025 and that the South Bend Board of Zoning Appeals at its public hearing on December 1,2025 took the following action: Upon a motion by Francisco Fotia,being seconded by Caitlin Stevens and unanimously carried,a petition by JOHNSON DELORES R seeking a Special Exception for a Dwelling,2 Units in S1 Suburban Neighborhood 1 (21-06.01(j)(3))for property located at 1005 WHITE OAK DR,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: JOHNSON DELORES R Building Department Bob Palmer Staff Report— BZA#0382-25 December 1, 2025 Property Information Location: 1005 WHITE OAK DR Filed in Clerk's Office Owner: JOHNSON DELORES R Dec 3, 2025 Project Summary Bianca Tirado Petitioner intends to construct a 2 unit dwelling in the future. City Clerk, South Bend, IN .i. ,,_.:i. .00.,:itit. .. ,.:..,z. 4._‘‘.41: Requested Action Special Exception: a Dwelling, 2 Units in Si Suburban Neighborhood 1 (21-06.01(j)(3)) Site Location i AllSit: ',,‹"-7'$,..- 1 4 _ J 4 ' ,tF, Y .. .yam t.,.` 7 E li. \x „* � i�f _ i �.��, ',` .. `.\ "` «` \ ,4i :::...: fS. ,• `a as�. .,,_,:r..f. : -/,k% .1.,..,-.4.11.1- i. :s,,c, ,,%, , -,,i OP ,,t , - , ,. •.*::.,. , ,,,c1 ,,.,',,,:.?:\,• ' firdrierder6, 1'''=‘,..' '-. ,,,, -. --,c,,, ,-- .„ APA\ / '101*A,-•, ci , '-; -..,,.. . c 4 '''.1§;-, 'a' ' -AMEINsiii-i' -Z4t., ..00W--,.. lti 7 / 3.' :-i . a 400,04 , G 1 '''•-, Mil 4 • , , ,;;•1 TIV:":: ' '. ,,... :s ..,., ' ,,r, . , fr:-\\4‘., .,,\' ''.'\\__.; lii r t.,.t...,, .,,,... i.s . ,,,;,,,,4:.1[,:)''s ,:1.::,.f.,4,, ,..,:+'1,:",,,.:..,..'* l', I \ :r ;,';':. . , ' \ r. , . . .�i.+.N. /� \ i ,lam V I 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#0382-25 December 1, 2025 Proposed Site Plan EE toRE s�oaIaso a ; , lfUS W(•l rrC ca k.'b1r 1V f --i _ 1 .T ! —1- Scale, far 20' \ i kt + i i , S arbAjbrr(ow , hi —I-ti. 1 ,46 axes' .4.-'f. to area —_ f- I , , jr ! — — '1 -I _— f H__I--I. I - L_ {_—,_.--1. —}.__, -1— mac,; 1 v-, x, -Al ' ! �w{ '` " — q 1 i "1"!_'; _J•_. 4— y°c d i yam- ordr�'18M2 "l9S41 ` ,.W II I/10 L _� _ { i' i 1 I. I r , I_ . r l I I I fi �. j_ i. I 1 I I 1 i 11 _� r 1 T I I SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0382-25 December I, 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; The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare. A two-unit structure would increase the housing supply and allow more neighbors to live in the neighborhood. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; Building a two-unit structure should not injure or adversely affect the uses or values of adjacent properties and the area around the property. As proposed, the structure would be similar to the land use of the surrounding neighborhood, while bringing new neighbors to the area and increasing the local housing supply. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; Although the district where this property is located is predominantly made up of single-unit dwellings, a two-unit dwelling is very similar in terms of land use, and can be made to appear as of a similar character and scale. (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. The future land use map in the comprehensive plan also recommends that the district this parcel is in be used for low-density residential development, and while a two-unit dwelling would be slightly denser than the single-unit dwellings that would surround it, it is still a lower-density type of building in general and would still be appropriate in its local context. 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. 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. SO1 III 131 NI) BOARD OF ZONING APPEALS I'axc i��?