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Home My WebLink About14-26 Special Exception at 915 Harrison Avenue City of South Bend BOARD OF ZONING APPEALS March 10, 2026 Honorable Dr. Oliver Davis Filed in Clerk's Office 3rd Floor, City Hall South Bend, IN 46601 Mar 11, 2026 Bianca I irado RE: Special Exception at 915 Harrison Avenue 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, Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 S. Dr. Martin Luther King,Jr. Blvd South Bend, IN 46601 I 574-235-7627 Filed in Clerk's Office Mar 11, 2026 BILL NO. 14-26 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 915 HARRISON AVENUE COUNCILMANIC DISTRICT NO. 1 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: 915 Harrison Avenue 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 215 S Dr. Martin Luther King Jr Blvd - Suite 500, South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information l Tax Key Number: 018-1072-3037 -icLo�,3.' (a Address: 915 Harrison Ave, South Bend, IN 46616 Owner: Near Northwest Neighborhood, Inc. Zoning: U1 Urban Neighborhood 1 a `J a �r Project Summary: We propose the development of a new construction side-by-side duplex as part of new infill development in the near northwest neighborhood. The duplex will be two 2-BR units, and designed to be contextual with the surrounding neighborhood. Requested Action ❑✓ Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested: Dwelling - 2 Units Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office Mar 11, 2026 Bianca IIrado City Clerk South Bend. IN Required Documents 0 Completed Application (including Criteria for Decision Making and Contact Information) 0 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: Proposed use of a duplex (two-family residence) fits within the neighborhood context and character. The project will be similar to the size of a single family residence and will not be injurious in any way. (2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Proposed use of a duplex (two-family residence) fits within the neighborhood context and character. The project will be designed as an infill development that will match the character of the neighborhood, and will put a vacant lot back to re-use. (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 character of the district includes many examples of side-by-side duplex properties, designed to be the size of a single family home. The design of the project will be contextual in massing and materials. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006) Objective H1.1: Encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. The petition is also consistent with the Near Northwest Neighborhood Plan (2019) to "encourage new development to respond to the existing character", and "thoughtful integration of missing middle housing types can provide housing affordability and housing choice" 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: Near Northwest Neighborhood, Inc. Address: 1007 Portage Ave South Bend, IN 46616 Name: Address: Name: Address: Contact Person: Name: Kathy Schuth / Jeff Stanifer Address: 1007 Portage Ave South Bend, 1N 46616 Phone Number: 574 232 9182 nnndirector@nearnorthwest.org 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: Dyitd.ly Synod by Kathy Schuh Kathy Schuth ON`° �'°'S� h"`'°" ' Nagnna.naod,'nc.ou. :hrwdiredOr�naarroM.wsl.org,c=l:S Onto 2026 O1.30 18 01 24-1K00 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 Filed in Clerk's Office April 8,2026 Apr 8, 2026 Common Council of South Bend Bianca Tirado 3rd Floor Council Chambers City Clerk, South Bend, IN South Bend, IN 46601 Re: 14-26: The petition of NEAR NORTHWEST NEIGHBORHOOD INC seeking a Special Exception for a Dwelling,2 Units in Ul Urban Neighborhood 1 [21-03.03(c)] in the U1 Urban Neighborhood I for property located at 915 HARRISON AVE Dear Council Members: I hereby Certify that the above referenced petition of NEAR NORTHWEST NEIGHBORHOOD INC was legally advertised on March 27, 2026 and that the South Bend Board of Zoning Appeals at its public hearing on April 6,2026 took the following action: Upon a motion by Mark Burrell,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by NEAR NORTHWEST NEIGHBORHOOD INC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at 915 HARRISON AVE, 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: Bob Palmer Staff Report — BZA#0402-26 April 6, 2026 Property Information Location: 915 HARRISON AVE Owner: NEAR NORTHWEST NEIGHBORHOOD INC Project Summary The petitioner seeks to build a new two unit dwelling. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] Site Location o�a+ T \r 7111‘, -, jiti .1 li, \ , . AL. ,,,,,,, 4-4 tom► ,... CALIFORNIA ZE .+ew "t .... 4. ..: ii,emb. , 1 1,1 , li-A-r--4-4,, ,, r7:4,,w . ,.....p, k ,, , t firt 1, r-.:relj ik• towyA,: • lilt lip .,-,i.,,.r,. 1 • QEl' 4 < • —! ^maL....: . ,„„yitt , iu ,,. imir i rirr -, , ,,., Kr i aAllip , ; r _ 4 _ *y,��f L i - ;*4 t 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#0402-26 April 6, 2026 Proposed Site Plan _ ir_ , .,„ :„ ,._ .._:.:,,,,_ .•.y...- -- .4....1••• _ , • ....,.: .rrc.r.rr, _ '-- _ M1._____G I I I 1 1 1 III 1 MCMOI T.O.RN AYI riMiblWarr rOtanOaf.\ y - V ter..... ` , - EN 1 F�r r17 Itilli — a 0 ''0 _ -__.— = .._ , _ , [ _ t i •r- , o ��.�.,m tk� I __� - .tyf'!Vn 1Vi."44'. iy'rr Oy11 p.W SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report — BZA#0402-26 April 6, 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 on a vacant lot, which will provide more housing units in the neighborhood and help to 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 two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the building is consistent with the scale, character, and land use of the surrounding neighborhood, and will provide housing on a lot that is currently vacant, potentially raising property values. (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, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. (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 also aligns with the 2019 Near Northwest Neighborhood Plan, which identified this stretch of Harrison Avenue as a target area for development. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will provide additional housing units and fill in a lot that is currently vacant. 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 3 of 3