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Home My WebLink About18-26 Special Exception at 1249 Corby Boulevard City of South Bend BOARD OF ZONING APPEALS March 18, 2026 Honorable Dr. Oliver Davis Filed in Clerk's Office 3rd Floor, City Hall South Bend, IN 46601 Mar 18, 2026 Bianca I irado RE: Special Exception at 1249 Corby Boulevard City Clerk. South Rend, IN Dear Committee Chair Dr. Davis: Enclosed is an Ordinance for the proposed Special Exception at the above-mentioned location. Please include the attached Ordinance on the Council agenda for first reading at your March 23, 2026, Council meeting and set it for public hearing at your April 13, 2026, Council meeting.The petition is tentatively scheduled for public hearing at the April 6, 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, ri>21#4.0._Aeitvid Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 S. Dr. Martin Luther King,Jr. Blvd South Bend, IN 46601 574-235-7627 Filed in Clerk's Office Mar 18, 2026 BILL NO. 18-26 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN 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 1249 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: 1249 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 - nature dot'ooCity eof'�South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 018-5092-3282 Address: 1249 Corby Blvd, South Bend, IN 46617 Owner: Atwell IRA Investment LLC 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 Q✓ 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: Filed in Clerk's Office Mar 18, 2026 Bianca Iirado City Clerk South Bend. IN Required Documents • Completed Application (including Criteria for Decision Making and Contact Information) ❑✓ Site Plan drawn to scale 2 Filing Fee dotloop signature verification: 7 i; r. • 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 vacant lot that is in disrepair and unused, 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. Additionally, this is a now vacant lot which will be converted to gentle density. (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. dotloop signature verification:dtlp.us/d3xU-su:W-fgK1 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: dotloop signature verification:d•!p,;c :3• f7f Contact Information Property owner(s) of the petition site: Name: Atwell IRA Investments, LLC Address: 6565 Heritage Park PL Lakeland FL 33813 Name: Address: Name: Address: Contact Person: Name: Elissa Gunsorek Address: 7821 Morse Rd New Albany, OH 43054 Phone Number: 513 225 3421 egunsorek@eco-gv.com E-mail: 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: dotloop verthed 9756 AM EDT I tISP-QZIffiARYU-AKA7 LOCATION MAP T BUILDING INN FORMATION PROJECT INFORMATION Vs f E N. .,°�� New Two-Family Dwelling z_ o°' 1249 Corby Blvd. -_ 1 u —•- — o23 South Bend, Indiana 46617 /J I g.-acA SI ,.DI r. .. o' E.': 0) C a) v <a „v `m ...0...0 T a)Z Mr X4 , 1N - 5,: Id • .� -5 C O -- - --__.4___ — -- -- -- ----- cQ -p, — - 5'BETBACK _ _-- O II!!I1UJIflit1h1!hu1 IIII®� "� DRIVEWAY L �/ YARD I nn00 �- , I . mn 7 m an r :i -�li; 1 L �I z m Z m 1 "I �.CC II m V �.�� a __1:: IdEE : cp . 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