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'.:'
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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
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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
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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