The URL can be used to link to this page

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 . DRIVEWAY `� IIII � 1 L IIIIIS =_:U ..w..Ii Illltlllllll I —1 - - a`` 5'SETBACK — J ft — REVISIOKRECORD NO: DATE ZONING maioan 26_S803 SHEET TIRE' TIRE SHEET SHEET HUSEA: A0.0 P I IN- f a 1, I ' - � I r 11111 1 li i ail. i 4. 1 till r 177. 111[I °�. 1 hi 1 Nill ,,,1 " I Jill. IBISM. 4 Y riii,.dilin avisiolidi i ' I I o \.. \ .wt ;, le IS OM m ; Lc ' .. � 7 a ;iii y p isi, �_ ':{ Z '�?S1`III• :.. _ r'.1 :I dolor il S. it ,I [ .i F0 " 1 [ _ I IIIIIII alp Il tia .t too 1 &.41 11''b / f1 r, ` 4 h 55 1$ a F. HI 11 y ;, M 11 New Two-Family Dwelling N T IN REAL ESTATE DEVH.O► ENr CONSULTING CI IIIfflllRf•ENVWONMF.NI�I.CMl ENGINEERING 1249 Corby Boulevard UF,,o,FENISERv „ South Bend,IN 81 ,,,E _ ,,,,m a 6 u.,kaaVOI ww aYl09•11Y a NI PUa9 Bfl°S pJenaInog 41o0 6bZ I. §1 g CV 9NI110SN071N3Wd013A3O 31d1S3lV3M1 8 p � � `Qv bui}}ama Aliwet-omi nnaN is / , 411' I. , 11,, �,_ impr ;:A. f 0 1010 /1 i PI _ 410.4 i 4I �, j iii . _,.„ _ . ,..:, i _ii I / 1,,,1 ,,, LI 1 r['r' 1,111;1:111; . �+I•':/ ' .11 ' sl 1 .1 likillt 7 _ ` �c±� 6 _ _ • ■ I.r-IV . / Iuipit • j o ___ slill I' 1 ,___Lij lus 11 Ill tip us ii+��j� W All. i!j1 • �I i C v�Il:/ + LI cc 1 �I�'+ri I , r� Ir•�� v 1 I lll ,l , ' i i 9 1 1 + 1 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: 18-26: The petition of D3RE LLC seeking a Special Exception for a Dwelling,2 Units in Ul Urban Neighborhood 1 [21-03.03(c)] in the U1 Urban Neighborhood 1 for property located at 1249 CORBY BLVD Dear Council Members: I hereby Certify that the above referenced petition of D3RE LLC 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 D3RE LLC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at 1249 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: Bob Palmer Staff Report - BZA#0412-26 April 6, 2026 Property Information Location: 1249 CORBY BLVD Owner: D3RE LLC 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 ,i:, . ,:,,,,,..,.ti:',, <.,,,,,::,•,,iiv.,' ...- .:: '4' liti .7:14:.:. . ''''''''..' 14 . _ffili ' ' „,,,.. t. 41.,,,, .=, �` I Ai ' QQ Jt± T CP • „ k ,.. T!. "ill . .. .1,.... -,.-., i Ask. e... .i c 'Olio link , 741, .: 4 5'1 1 ,. . , ..4,40_, Af*.::,. 4 ri! ,i.....It 91, 1,1 MIMI ' 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 (';icy 1 ,,i Staff Report— BZA#0412-26 April 6, 2026 Proposed Site Plan ' ----- ----- -�— — — — - — 1 MM. L � il ;..ite6a=i1.0 i n 22 Ltn,::fi I I • 44 ■• ■ --■• � �' rrr or.==n.1.. -- 3 REAR i NORTHI ELEVATION — -_- Ir IiIl101tlal®I®IAIi1YIlI11IgIiliara IIrY11111111111111 IN1111IIIIrll II.INI1111111IW1111 N1 1/111WIBI rimm Wllljlu n11O1'111011a'%�' llrlUIIlIISiIIIIIUIIuIl NiuUiIIiiiiIIuIIIIum nnirmnrllln 4uuin• ... �.�Inr011I1111 11I111I1I11rrr11I1111n1111n1111n1I1 1m11U1111 N1I1111, 4111iraa1nr111111111IraNrr111lIum11 1111u111110 11r1n111011 1p'' ".1111111r11111II1111r111rIr011111111Irmar11111 Ig1O111u111.' "r�nrml11111 0141 IaIaIu,1111111111 Illntllle" -_.'•.`-" `a1�11111r0 nr11111rI11rIY1n1111Y1r1111 —2tv ems__ rmr- ..0 IIMBOMelrm11rm1 NMI■ ..=.1111E 11. ...IN1 �= _�1 - I —24.1,0 — III IIIII 1 1 4 RIGHT SIDE(EAST)ELEVATION 6 l: i SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0412-26 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 tot. (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 2022 Northeast Neighborhood Plan, which suggested lower density residential uses in the section of the neighborhood where this property is located. 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 provide further neighborhood infill on a vacant lot. 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