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Home My WebLink About23-26 Special Exception at 2525 Bertrand Street City of South Bend BOARD OF ZONING APPEALS April 22, 2026 Honorable Dr. Oliver Davis Filed in Clerk's Office 3rd Floor, City Hall South Bend, IN 46601 Apr 22, 2026 Bianca I'ratio RE: Special Exception 2525 Bertrand Street m, 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 April 27, 2026, Council meeting and set it for public hearing at your May 11, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the May 4, 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 574-235-7627 Filed in Clerk's Office Apr 22, 2026 BILL NO. 23-26 Bianca l❑ratio 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 2525 BERTRAND STREET COUNCILMANIC DISTRICT NO. 2 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: 2525 Bertrand Street 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 BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information Tax Key Number: 018-2070-2588 .c } 1_' Address: 2525 Bertrand st, South Bend 46628 Owner: Homey LLC Zoning: U1 Urban Neighborhood 1 El Project Summary: Construction of a two-unit stacked duplex on Bertrand, with proper setbacks, parking, and design compatible with surrounding homes. a 1a , - p a 6 Requested Action �-� O Special Exception—complete and attach Criteria for Decision Making Use requested: To build a stacked duplex • Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents ✓p Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale 2 Filing Fee Criteria for Decision Making Species' Exx eptiion-ff.appticab/e _ 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 stacked duplex will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare because the project will comply with all applicable building codes, safety regulations, and zoning requirements. The property will include adequate parking and safe access from the street, ensuring that traffic flow and neighborhood safety are not negatively impacted. The development will maintain appropriate setbacks and design compatibility with surrounding residential properties, helping preserve the character of the neighborhood. Additionally, the project will contribute to the availability of quality housing in tha araa whiles maintaininn a cafes anri wall-maintainari nrnnartu that ci tnnnrtc (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed stacked duplex will not injure or adversely affect the use of adjacent properties or property values because the design and scale of the building are consistent with the surrounding neighborhood. Adequate setbacks, landscaping, and parking have been planned to minimize any impact on neighboring properties. The structure will be well-maintained and visually compatible with existing homes, preserving the aesthetic character of the area. By providing additional quality housing in a manner that complements the neighborhood, the project supports stable property values and the overall residential environment. (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 proposed stacked duplex will be consistent with the character of the district and the land uses authorized therein because the property is located in a residential zone that permits multi-family dwellings with appropriate approval. The building' s scale, design, and placement respect the surrounding neighborhood's density, architectural style, and lot patterns. The project integrates seamlessly with nearby homes, maintains proper setbacks, and provides sufficient parking, ensuring it aligns with the intended residential character and land use policies of the district. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed stacked duplex on Bertrand promotes orderly development and is consistent with the objectives of the Comprehensive Plan because it provides additional housing while maintaining the residential character of the neighborhood. The project makes efficient use of the lot without overcrowding, preserves open space and setbacks, and follows all applicable zoning and building requirements. By enhancing housing availability in a well-planned manner, the development supports sustainable growth and the long-term stability and welfare of the community. 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: Homey LLC Address: 2724 Trader Ct W, South Bend IN 46628 Name: Address: Name: Address: Contact Person: Name: Cynthia Mene Address: 2724 Trader Ct W, South Bend IN 46628 Phone Number: (202) 810-5742 E-mail: ad m i n@ ho m eyro sette.Co m 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: Gy l�a Mc4.c Homey LLC 2724 Trader Ct W South Bend, IN 46628 Date: March 13, 2026 City of South Bend Board of Zoning Appeals 215 S. Dr. Martin Luther King Jr. Blvd South Bend,IN 46601 RE: Written Justification / Findings of Fact Project: Stacked Duplex—2525 Bertrand St, South Bend, IN 46628 Parcel Number: 71-08-03-381-010.000-026 1. Public Health, Safety,Comfort, and General Welfare The proposed stacked duplex is a pre-approved plan by the City of South Bend, and it complies with all building codes, safety regulations,and zoning requirements. Adequate off-street parking, safe access, and proper utility connections are provided. The design and scale are compatible with surrounding homes,ensuring no adverse impact on public health, safety,or community welfare. 2. Impact on Adjacent Properties and Property Values Setbacks, landscaping, and parking minimize impact on neighboring properties. The building's design and maintenance will preserve the character and value of adjacent homes. 3. Consistency with District Character and Authorized Land Uses The property is in a residential zone permitting multi-family dwellings with a special exception. The proposed duplex aligns with the district's character, maintaining appropriate scale, density, and architectural compatibility with surrounding homes. 4. Compliance with Comprehensive Plan and Orderly Development The project promotes orderly development by efficiently using the lot while preserving open space, setbacks,and neighborhood aesthetics. It adds quality housing consistent with community growth and stability goals. 5. Overall Justification The proposed stacked duplex provides additional housing without negatively affecting the neighborhood. It satisfies all criteria for a special exception and serves the public interest. Approval is reasonable and appropriate. Sincerely. Lk,.(Pet—' Cynthia Mene CEO, Homey LLC admin@homeyrosette.com i 202-810-5742 r- (7) (n O 7Z1 v m O r (i? . 6 m O N _a • IV ❑ O cn 72 X N 0 a z -- 130'0" Z � N O ' X O N N N 00'02'00"E 130.00' 3 o oa•, 48'0" m -< Fri N CI) 9'SIDESETBACK z N � u °' co v m Co41. 71 o CD o NN 23 co �v - 3) O O -4 N N x 0 0 2- CO 6 7 m9 9 rno m • cz w - o D D o zp N 6a U) o 0 0O o co c q z 9'SIDESETBACK 2 2 m a o 48'0" on o W S 00"02'00"W 130.00' z- o a 130'0" 0 tv cn c C Q) I Iv Co CO m z v 0) 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 May 6,2026 May 6, 2026 Common Council of South Bend 215 S. Dr. Martin Luther King Jr. Blvd., 3`d Floor Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Re: 23-26: The petition of HOMEY LLC seeking a Special Exception for a Dwelling,2 Units in Ul Urban Neighborhood 1 [21-03.03(c)]in the Ul Urban Neighborhood 1 for property located at 2525 BERTRAND ST Dear Council Members: I hereby Certify that the above referenced petition of HOMEY LLC was legally advertised on April 24, 2026 and that the South Bend Board of Zoning Appeals at its public hearing on May 4,2026 took the following action: Upon a motion by Caitlin Stevens,being seconded by Kaine Kanczuzewski and unanimously carried, a petition by HOMEY LLC seeking a Special Exception for a Dwelling,2 Units in Ul Urban Neighborhood 1 [21-03.03(c)] for property located at 2525 BERTRAND ST,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#0413-26 May 4, 2026 Property Information Location: 2525 BERTRAND ST Owner: HOMEY LLC Project Summary The petitioner seeks to build a new two unit dwelling using the stacked duplex pre-approved plan. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] Site Location Ro Sar.' 0 . : � '..1,-,1,, r R.. ; .�- x,,, -;-aty.-',; Jv _) . x , 794. .," f ., .::1,..-,, 1 re,•' -' ,,, .,....,4 , - ' .- .. , ,,,,. . -. ..,,,,,, -,, . . ps., . .f✓ ] a ,i1 1 0q . rip BERTRAND • ' '-' VA ''' ,,- .%% '• ills':. l 7f y • 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#0413-26 May 4, 2026 Proposed Site Plan LOT 205 IN KALEYS 2ND ADDITION TO THE CITY OF SOUTH BEND,ST JOSEPH COUNTY.INDIANA. 40'0- N 89'58'00"E 40.00' w I $ 66'REARSETBACK 0 0 22 0" $ bo z to Y d CO CO o W W o s w w O 55 ¢n eo 22'0" IS'FRONTSETBACK S89'58'00"W40.00' 40'0' Property Address:2525 Bertrand St,South Bend,IN 46628 Parcel ID:018-2070-2588!71-08-03-381-010.000-026 Scale: 1"=20' ISR:Approx 20.3% Lot Size:Approximately 40'x 130'(5,200 sq.ft.) SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report—BZA#0413-26 May 4, 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. 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. sou I H BEND BOARD OF ZONING APPEALS Page 3 of 3