Loading...
HomeMy WebLinkAbout03-26 Special Exception at 1307 Corby Boulevard Filed in Clerk's Office City of South Bend Jan 16, 2026 BOARD OF ZONING APPEALS City Clerk"South'f end. IN January 15, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 RE: Special Exception at 1307 Corby Blvd. 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 January 26, 2026, Council meeting and set it for public hearing at your February 9, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the February 2, 2026, 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, ii>21.4.0%,,Attot, Brian Killen Zoning Administrator CC: Bob Palmer City Hall 1215 S. Dr. Martin Luther King,Jr. Blvd I South Bend, IN 46601 I 574-235-7627 Filed in Clerk's Office Jan 16, 2026 BILL NO.03-26 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 1307 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 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: 1307 Corby Boulevard 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 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 , 2026, at o'clock .m. Bianca L. Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of , 2026,at_o'clock .m. James Mueller,Mayor City of South Bend,Indiana -2 - City of South Bend 227 W. Jefferson - Suite 1400S y South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 018-5093-3299 Address: 1307 Corby Blvd, South Bend, IN 46617 Owner: Helen Price-Outlaw and Douglas K Outlaw Zoning: U1 Urban Neighborhood 1 Project Summary: Owner is seeking approval to build a two family dwelling. The style will be consistent with the scale and character of the surrounding neighborhood. Requested Action 0✓ Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Two family dwelling Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Q Completed Application (including Criteria for Decision Making and Contact Information) E✓ Site Plan drawn to scale ✓0 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 proposed two unit dwelling will be constructed in a manner that is consistent with the surrounding area. The new two unit dwelling will eliminate a current house that is in disrepair and vacant, thus increasing safety and improving the overall general welfare. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed two unit dwelling will not injure or adversely affect the use of the adjacent area or property values because it is in keeping with the residential feel of the surrounding neighborhood, while offering gentle density on a currently underutilized parcel. (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: The two unit dwelling will match the scale and character of the surrounding residential neighborhood. The architectural style of the two unit dwelling will be consistent with the neighborood and will complement the existing housing stock. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is consistent with the Comprehensive Plan because it follows objective H1.1: encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. 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: Helen Price-Outlaw Address: 2214 S. Jacana Ct Gilbert, Az. 85295 Name: Douglas K Outlaw Address: 2214 S. Jacana Ct Gilbert, Az 85295 Name: Address: Contact Person: Name: Elissa Gunsorek Address: 7821 Morse Rd New Albany, OH 43054 Phone Number: 513-225-3421 E-mail: egunsorek@eco-gv.com 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: LOCATION MAP T OWNER PROJECT INFORMATION ECO IN Investments LLC New Two-Family Dwelling �y4 pi , 7821 Morse Road g W -a 4__ _ New Albany, Ohio 43054 ' { 1307 Corby Blvd. . � _ PROJECT DESCRIPTION: $ ifs -- , THIS PROJECT CONSISTS OF THE CONSTRUCTION OFANEW South Bend, Indiana 46617 TWO.FAMILY DWELLING AND ACCESSORY GARAGE E'.:' o t '� ...p ..�.. 1 `,� p*. "" i .. a 1--• 6 —. 4 l E'' ABBREVIATIONS SYMBOLS I E _�n CODE INFORMATION ° �• SHEET INDEX --- -- •- -� - - . ARCHITECTURAL DRAWNGS E E,F u F ...-n. Zr 1- r A T cmEwr.....,,,,. n. CD HUE TTESHEEE-6fN:PVN YAK Al..111 IT°a E I.., . E. -n r' trn• rr.nrA.ru¢PArrrwnwm.cocc ITAI, o¢n. 1 E F 1 L- E x I.1.E.¢ _ E2. F n �,p.T u ri E Er n u L rt E2 F 1 awmu.®� owclwrw w.w.0 rlawrore.«nnov a)Nmwr II ii 11 ii E.m [n E r -n L. n i r•n un.1.E.aua..w.acaam. N Z ME MI.. 101 411.01 I t _¢ . EE .Er 11EE En II r n BH �� w1 oci - Erz n 11. -E RE EE•T rn1.. n.,...a..N m•- L. nenne n 11 AFr E F II . fl E E 1 .n n CO. COWRIE Mt. 2•21.20 i J ..t., {L E Et. ., E K.E.. Alley .� o Z n 612 . 0001E.r 0^ SEAL ..n ...NE r r ROMIEMED . ¢ :a¢ VW . trk n--rj— lI I�' : MAIN . _ _— OPEN - Ca T IIII■IIIIII PORCH rawuK TOO MO 0,012.611 I DRIVEVNY YARD fl li l_ -10u0 RN r, �r1 -Ionnum C.) N :if n..>u m n rr� �a �::r°m..— ,,.Pon SO .126•1110.3 «r.a°n v. nen . `. - YARD REVISION RECORD oat owe.... _ R ��� --_ it , �- - ..I- �- I NO. are '."... w.�,."`�¢.mwM`"� 11.2120.212.wua.w.. i 9 - �j.. 4 4 0III: 1-� iGENERAL NOTES ro B �I �'=+u LJiu 1 YARD 1 I_r mEncr n msErnoro nE.rmnuAIrn.r*rL'"." V ZONING IDIOMOD wunwr mnw¢roaro rauow Ns,r..u.lurrzuw Err.n. Nurw ' wrAwr.a.0 mmcn.lNarruo Qr..Eoram.rlAa marl¢. DRIVEWAY - �F` LSE , Wrnllc.rrmlY rErn.......Ax.E ror w.osmaE.ronu..., n I ` , CPEN PBMST: L_� _ : 1� ..^..� IIII�IIIIII � .�'WALKI omar....,.uwrruvwonm.+oa r....„.waw e«conre, I _ r �� e— .a.wzwuwriaz..¢rmvs«¢ I �.MISNUMBERI.EQE,urtr Ear,rNEnm 26 S801 aoa .IPIPLY saPa� NNErmr nNrAE NM J J I I E SETBACK TIME SHEET .E.o.e..�r.�.,r«r..A.aEa..wn°..r.rar r.E r.wNar«e Y�__ _I_ __ E� PLAN __ __ ___ __ __- _@ __ -_ — SHEET '.SITE E PLAN j Molt:ANY DEVIATIONS FROM THE APPROVED CONSTRUCTION mn,,„.uwr rvnn wEo�lwn..ar¢oirn¢..Pwn;w°ro SSA,TT.I-C ` DOCUMENTS WITHOUT THE EXPRESS WRITTEN APPROVAL CE THE Ay0.0 NORTH ARCHITECT WILL HOD THE ARCHITECTS RESPONSIBILITY FOR THE , ` _ P.muuruF.....Ev.umrn..0 ENTIRE PROJECT. r.coEc Mm r+.rm an...w -E E...v..r.E ma -m ME CaowmmAw..m.......r rwxco°n..w}.Vr+e City Hall City of South Bend 215 S. Martin Luther King,Jr. Blvd. Suite 500 BOARD OF ZONING APPEALS South Bend,IN 46601 (574) 235-7627 February 3,2026 Filed in Clerk's Office Feb 3, 2026 Common Council of South Bend Third Floor,City Hall Bianca"I'irado South Bend, IN 46601 City Clerk. South Bend, IN Re: The petition of OUTLAW DOUGLAS K&HELEN PRICE-OUTLAW seeking a Special Exception for a Dwelling,2 Units in UI Urban Neighborhood 1 (21-03.03(c)) in the U1 Urban Neighborhood 1 for property located at 1307 CORBY BLVD Dear Council Members: I hereby Certify that the above referenced petition of OUTLAW DOUGLAS K&HELEN PRICE- OUTLAW was legally advertised on January 23,2026 and that the South Bend Board of Zoning Appeals at its public hearing on February 2,2026 took the following action: Upon a motion by Kaine Kanczuzewski,being seconded by Mark Burrell and unanimously carried,a petition by OUTLAW DOUGLAS K& HELEN PRICE-OUTLAW seeking a Special Exception for a Dwelling,2 Units in U1 Urban Neighborhood 1 (21-03.03(c))for property located at 1307 CORBY BLVD,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: OUTLAW DOUGLAS K& HELEN PRICE-OUTLAW Elissa Gunsorek Building Department Bob Palmer Staff Report — BZA#0398-26 February 2, 2026 Property Information Location: 1307 CORBY BLVD Owner: OUTLAW DOUGLAS K & HELEN PRICE-OUTLAW Filed in Clerk's Office Feb 3, 2026 Project Summary The petitioner is seeking to build a two unit dwelling. Bianca l irado City Clerk, South Bend, IN Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 (21-03.03(c)) Site Location 4 111 j,f , 1 0_ ��II '-'•• . . ,r, , .. . ,.,..„, r 1 ,. .., . . _ , _ . y, . ,, ,, .„, ..i, -Ado . ..,, . ,, , , ,... _..,:._,:, ,,,:‘ ,„ 17 if ` ` y,. ...., . rt, ...... t1 , . Aiii.v... i I '61 '... 1 ' kri/ 4,04, i - ' ali _ , 1 . . ., ... ., . „, .....2, r5 .L.k ' - �,__ ., . - + I -t1 Y o / I r,,�I r 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 I of 3 Staff Report— BZA#0398-26 February 2, 2026 Proposed Site Plan Amy os.cw.• .ro • Doom 0 J -' '� ilC=I) t ! -• rlTT1 0 D i - w.o ■ }y t II i si pr .m , oaJ }� i DMISW cm ii- or 1111LL�I LL 6.... 1./ gn I 1 • J MAIM ' — I — ---'-SITE FUNtimilmeer E .o.i.iw mu+sSanIIriwsMOIIIIMMma+ D.A..IISTIOLn TIIMPINISIIIRRIMINVIOVOLO SW ..4.1,Wu wenr..em1.3n .w1s orw wos+ at—..r..n“ rw....r.......r~r SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0398-26 February 2, 2026 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 bring 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 and will bring new neighbors to the area. (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 and match the scale and character of the neighborhood, which is made up of predominantly one and two unit dwellings. Multiple two-unit dwellings have been built on neighboring parcels in the past year. (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 strategy 3.5 from the Northeast Neighborhood Plan, which calls for supporting the production of a range of housing types in the area. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the built form of the surrounding neighborhood will bring more neighbors and provide more housing options in the Northeast Neighborhood. 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. So!'i ii ni.N1) BOARD OF ZONING APPEALS 1'��`_-'c ' o1