The URL can be used to link to this page

Home My WebLink About17-26 Special Exception at 812 Oak Street City of South Bend BOARD OF ZONING APPEALS March 10, 2026 Honorable Dr. Oliver Davis Filed in Clerk's Office 3rd Floor, City Hall Mar 11, 2026 South Bend, IN 46601 Bianca I irado City Clerk. South Fiend. IN RE: Special Exception 812 Oak Street 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, ci>14,.40._AeitcA, Brian Killen Zoning Administrator CC: Bob Palmer City Hall I 215 S. Dr. Martin Luther King,Jr. Blvd I South Bend, IN 46601 I 574-235-7627 Filed in Clerk's Office Mar 11, 2026 BILL NO. 17-26 Bianca"Firado 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 812 OAK STREET 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: 812 Oak 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 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: 018-1028-1238 Address:[812 Oak St, South Bend, IN 46616 Owner ;Jose Guevara / Buildnovation LLC Zoning: U1 Urban Neighborhood 1 Project Summary: Construction of a residential duplex in the City of South Bend, with the purpose of providing new housing solutions that benefit the local community, in alignment with the development objectives established by the city. Requested Action ❑✓ Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:Duplex construction • Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office Mar 11, 2026 Bianca Tirado City Clerk. South Bend, IN Required Documents ✓l Completed Application (including Criteria for Decision Making and Contact Information) n Site Plan drawn to scale n 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 construction of the duplex will facilitate the achievement of the social objectives of Sustainable Housing Development, to guarantee the community a healthy life and promote the well-being of all age groups. The construction o the duplex has an efficient living space, adequate ventilation. We will adhere to the laws, and we will ensure that our main mission prevails, building new houses to promote the best quality of life, in modern homes, with spaces designed for excellent coexistence. Housing is the space where the educational and cultural values of the entire community are recreated. (2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed housing is designed at a scale and with materials that are consistent with the surrounding structures, respecting required setbacks and the established character of the neighborhood; ensuring the preservation of the area's residential nature and the overall tranquility of the community. (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 current zoning of this parcel requires a special exception for the proposed housing; however, the design complies with the intent of the district by promoting residential use and adhering to the permitted density. The proposed typology respects the surrounding context and aligns with the existing urban pattern. (4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The Plan emphasizes the need to expand the supply of affordable housing and to increase density in underutilized areas in a controlled manner. This proposal aligns with those objectives by offering a housing solution that is compatible with the existing infrastructure. 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: N/A (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: N/A (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: N/A (4)The variance granted is the minimum necessary, because: N/A (5)The variance does not correct a hardship caused by a former or current owner of the property, because: N/A Contact Information Property owner(s) of the petition site: Name: Jose Guevara - Buildnovation LLC Address: 418 Rosewood Dr, Apt3, Mishawaka, IN 46544 Name: — Address: Name: Address: Contact Person: Name: 1Jose Guevara _ Address: 418 Rosewood Dr, Apt 3, Mishawaka, IN 46544 Phone N imhPr• 574 327-OIJ44 E-mail: gromsolutionsllc@gmail.com 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. Pr y Owner (s) Signatur s: SITE PLAN PROPOSAL FOR STACKED DUPLEX PROJECT 812 OAK STREET STREET SIDEWALK 0 in N r-1 PORCH m O O DUPLEX W o J 0 a J e-I �( N N - 22'-0° / 8 -0" / 37'-a" Lot Area 3,737 sqft South Bend Neighborhood Infill I Stacked Duplex Facade for the property -- I � - P P Y _ Option A I-- I" i 1]i91[ ' 11- The Stacked Duplex I' � _Ii The Stacked Duplex provides two identical 2-bedroom - _ _ - - — units that support a slight increase of density and the _ development on the city'a most narrow infill lots with ' i t 1 �- ``', • I._ • ' • . •1' • - _411i14-.• affordable housing options.The massing and elevation L 1 •'I r j' 1 I f ^T _Ili options fit within the scale and vernacular character of J ' ' I`-i,IIt i` j�I South Bend's oldest urban neighborhoods.An optional „i I 1 l 'r I I- I I II i I ` — �JI j basement could provide storage or expansion of the I 1T1 1 1�1 1 _ •L _ f __ - _4 _�%- ground floor unit. —_ -1-- 11' t, __ t un;,,,,: i / / / / I x,r tp to n r•• 4 rr icy r v?r.tir Building Type e Overview • _ ��"" �. Building Dimensions r' T h Building Height 2 story i Building Width 22 Bam - anm f +. rhATCH T, BuildingOepth lint)porch) 48'Il � MEGn. Program ki u Unit Configuration 2 bed/1 bath i Unit Size(finished gross) 1,760 sq.fl - I IV 01 t u NtpiEN Basement(unfinished) BBO sq.fL. _ „ 12%2.X T-6- � • Porch(unconditioned) 176 sq ft 1st Floor 880 sq.ft. 2nd Floor 880 sq fL LMN/'s uvING I C'-9'%I O'-6' 16'-9'x I O'-6' Lot Standards ZONING DISTRICTS ALLOWEDL Lot Width(min.) 32' ■®■■■® \ Imo smos J \ LL.,...... . ...J Lot Width(maxi 70' 41 \ • Ground Floor Second Floor -19- City Hall City of South Bend 215 S. Martin Luther King, Jr. Blvd. Suite S00 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 Tdo 3rd Floor Council Chambers Bianca South Bend,Clerk, South Bend, IN South Bend, IN 46601 Re: 17-26: The petition of BUILDNOVATION LLC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] in the Ul Urban Neighborhood 1 for property located at 812 OAK ST Dear Council Members: I hereby Certify that the above referenced petition of BUILDNOVATION 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 Kaine Kanczuzewski,being seconded by Mark Burrell and unanimously carried,a petition by BUILDNOVATION LLC seeking a Special Exception for a Dwelling,2 Units in U 1 Urban Neighborhood 1 [21-03.03(c)] for property located at 812 OAK ST,City of South Bend is tabled. 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, K16,_ Brian Killen Zoning Administrator Attachment CC: Bob Palmer Staff Report — BZA#0406-26 April 6, 2026 Property Information Location: 812 OAK ST Owner: BUILDNOVATION LLC and Jose Guevara 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 '11.11411k ' ' '''t. Al ',1 ;', , 'e,'-' ' "4 _r-: ' 4,,i7,,,, , .: 17110117,,, + all ; . -, , . fir' iP' N:Onh ST ou , 7 . ...., -1 , 1 : 7.7.,: , . - ',. ..,4,,, - 1r -,1----1 . , I „.._ . ,, �( 4 '4`Ili y� F ., ; '147: 1• .1 it to _. ink:',.. '4...: -,,,,' . !Illik+, - . 1 , ''1 a . i ,.4,* 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 I of 3 Staff Report— BZA#0406-26 April 6, 2026 Proposed Site Plan STREET SIDEWALK N N n n , in —1 Sr==Y I, 1 E 0 [ Ix '.. li s; KITCI1rN t 12'2X7-6 �:. N - N. N. 11V1NCi ; 16'-9.. 10,6. '' 1 7'-0j 22'-O' / 8'-0'70 ; r . 'mai A--- 1 37'-deg s s a a Ground Floor SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0406-26 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. Analysis & Recommendation Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on 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 I'.i 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 Bianca l irado 215 S. Dr. Martin Luther King Jr. Blvd.,3'Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: 17-26: The petition of BUILDNOVATION LLC 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 812 OAK ST Dear Council Members: I hereby Certify that the above referenced petition of BUILDNOVATION LLC was legally advertised on March 27,2026 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 BUILDNOVATION LLC seeking a Special Exception for a Dwelling,2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at 812 OAK 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#0406-26 May 4, 2026 Property Information Location: 812 OAK ST Owner: BUILDNOVATION LLC and Jose Guevara 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 +1 .. ; i. - IIII 1' - \\ s, 1 'I - -fc 4 ilkirit i w0. 1 � a ' k A i„ . ,, ,, .. ,,, . . i ,.. i i d „,, r �. a ... s1 00ICy-. .. -'1 ';. a' tr.4y : „klo It4il# t... i , ri ., - a Y ___ , +mac, jai 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#0406-26 May 4,2026 Proposed Site Plan SITE PLAN PROPOSAL FOR STACKED DUPLEX PROJECT 812 OAK STREET STREET SIDEWALK in N\ PORCH O O DUPLEX >. LU LkN v J � II /7 0/ 22 0 / 8 0 / �d 3T-0 Lot Area 3,737 sqft SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report— BZA#0406-26 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. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3