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HomeMy WebLinkAbout24-26 Special Exception at 1110 North Huey 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 irado RE: Special Exception 1110 N Huey Street city Clerk South Bend. 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 215 S. Dr. Martin Luther King,Jr. Blvd j South Bend, IN 46601 574-235-7627 Filed in Clerk's Office Apr 22, 2026 BILL NO. 24-26 Bianca 1 irado 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 1110 N HUEY 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: 1110 N Huey 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 215 S Dr. Martin Luther King Jr Blvd - Suite S00, South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-03-253-011.000-026 Address: 1110 N. Huey, South Bend, IN 46628 Owner: A New Huey Properties LLC Zoning: U1 Urban Neighborhood 1 Project Summary: This project involves the conversion of an existing single-family residence into a two-unit dwelling. The proposed change will create one additional, self-contained one-bedroom residential unit within the structure, while maintaining the overall residential character and appearance of the property. Requested Actior ✓❑ Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: 2-Unit Dwelling. Variance(s) - List variances below. complete and attach Criteria for Decision Making Variance(s) requested: NA Require Documents O Completed Application (including Criteria for Decision Making and Contact Information) Q Site Plan drawn to scale 111 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 2 unit dwelling will not be injurious to public health, safety, or general welfare because it will be constructed in full compliance with all applicable building codes, zoning regulations, and safety requirements established by the City of South Bend. The addition is designed to integrate seamlessly with the existing property and neighborhood, maintaining the character, comfort, and integrity of the surrounding community. Furthermore, the project will provide safe, quality housing while supporting responsible property use without negatively impacting traffic, noise levels, or community cfonriorrlc (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed use will not injure or adversely affect the use of adjacent properties or property values because it is consistent with the existing residential character of the neighborhood and maintains the scale and appearance of the surrounding homes. The addition is modest in size and will not create increased noise, traffic, or density that would negatively impact neighboring properties. By providing a well-maintained, code-compliant housing unit, the project supports neighborhood stability and can positively contribute to overall 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, because: The proposed 2 unit dwelling is consistent with the character of the district and permitted land uses because it maintains a residential use that is compatible with surrounding properties. The addition is modest in scale, integrated into the existing structure, and aligns with the intent of the zoning district to support stable, well-maintained residential development. It does not introduce any use or intensity that is out of character with the area. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed 2 unit dwelling is compatible with the recommendations of the Comprehensive Plan because it supports responsible infill development, efficient use of existing infrastructure, and the expansion of safe, quality housing within established neighborhoods. The project aligns with the City's goals of neighborhood stability, housing diversity, and sustainable community growth. 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: Address: Name: Address: Name: Address: Contact Person: Name: Dr. Consuella Hopkins Address: 2201 Lincolnway West, Suite 201 South Bend, IN 46628 Phone Number: 574 287 1040 anewhuey@gmail.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. 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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 South aBo South Bend, IN 46601 City Clerk. Bend, IN Re: 24-26: The petition of 1110 NORTH HUEY STREET LAND TRUST 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 1110 HUEY ST Dear Council Members: I hereby Certify that the above referenced petition of 1110 NORTH HUEY STREET LAND TRUST 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 Mark Burrell,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by 1110 NORTH HUEY STREET LAND TRUST seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)]for property located at 1110 HUEY 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#0415-26 May 4, 2026 Property Information Location: 1110 HUEY ST Owner: 1110 NORTH HUEY STREET LAND TRUST Project Summary The petitioner seeks to convert a one unit dwelling into a two unit dwelling. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] Site Location ter' AMP ,+' r ; .4.--A—Cry I �T • J fA s I, , ,' '_ aw, 'rr i r „#'7 Q4 W I Y - WT °', F,so 4,3 r et 1 '•:. : ...' . er..#1,Wir .:".t.' ^T r''.:4.::1 . M, ,' 7‘ ' ' 7P.' t ' ' ,' ' ' ', ---T ,.. , 414 itt- , ......_ �. . , } ,,, VASSAR AVE •,,,,�+ r 6 •y . ., aili . .._ , _%. . . ,,_ ,... ,.. , ..„ ,,, . iiii iimmr „. ,, ,, �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#0415-26 May 4, 2026 Proposed Site Plan Y OgG41.1.01q0 wy M'r�.�ms�.q,�q��. Q� j $ ;� 11 2 -77 *-N • 3Sf10H A3f1H i " 4 t0 138%9011f18 ' wf Rt ;`b N _ I a fa7 k ' n r J._J W w 0 >— • • Pear SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0415-26 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 conversion 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; Creating this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. The building is consistent with the scale and character of the surrounding neighborhood as it currently exists, and this low- density residential use will also fit with the surrounding land uses. Adding an additional housing unit to the structure could potentially raise 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 and match the scale and character of the neighborhood. (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: This conversion of an existing single-family home that is consistent with the scale and character of the surrounding neighborhood into a duplex will provide additional housing units. 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