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Home My WebLink About47-26 Special Exception at 1737 Obrien StreetCity of South Bend BOARD OF ZONING APPEALS July 15, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 RE: Special Exception 1737 O'Brien Street (2 lots) Dear Committee Chair Dr. Davis: Filed in Clerk's Office Jul 16, 2026 Bianca Tirado City Clerk, South Bend, IN 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 July 27, 2026, Council meeting and set it for public hearing at your August 10, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the August 3, 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 two -unit dwelling. 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 I South Bend, IN 46601 1574-235-7627 BILL NO. 47-26 ORDINANCE NO. Filed in Clerk's Office Jul 16, 2026 Bianca Tirado 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 1737 OBRIEN 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: 1737 O'Brien St (parcels 018-2122-4486 and 018-2122-4489) 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. that: SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds 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. m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2026, at o'clock James Mueller, Mayor City of South Bend, Indiana Zoning Application City of South Bend What are you filing for? Special Exception(s) Who will need to approve? Board of Zoning Appeals Property Owner and Property Information Property owner name: Apex Terrain Holdings LLC Phone number: (574) 409-9404 Email: southoldportage@gmail.com Project address: 1737 0 Brien Street South Bend Would you like to add additional property owners? No Wednesday, July 15, 2026 The legal description can be found by visiting this map and typing in the address for the property. In the "Parcel" layer, the legal description is categorized as "LEGALDESCR." The legal description can be found by visiting this map and typing in the address for the property. In the "Parcel" layer, the legal description is categorized as "LEGALDESCR." Tax key number (more information about tax key numbers can be found below): 71-03-34-407-019.000-026 & 71-03-34-407-020.000-026 fhe tax key(s)/parcel ID(s) can be found by visiting this map and typing in the address for the property. In the "Parcel" layer, the tax key/parcel ID is categorized as "PARCELID." Will someone other than the property owner be the main point of contact and representative for this petition? No Mailing address: 1737 0 Brien Street South Bend, Indiana, 46628 1 Variance 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: Special Exception For what use are you requesting a Special Exception? Two "2-unit dwellings" (duplexes) in the Urban Neighborhood 1 (U1) zoning district. Project Summary: The applicant is requesting a Special Exception to construct two "2-unit dwellings" (stacked duplexes) on two adjacent standard -sized lots at 1737 O'Brien Street. The proposed development will consist of one duplex on Lot 1 and one duplex on Lot 2, providing a total of four residential units. Both buildings will utilize South Bend's pre -approved standard building designs to ensure architectural compatibility and high - quality construction that fits naturally within the neighborhood. Each duplex will feature a dedicated two - car parking pad located at the rear of the property with direct access from the alley, keeping the front streetscape clean, green, and highly walkable. 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: The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed development is purely residential in nature and replaces vacant land with high -quality housing. By utilizing the City of South Bend's pre -approved building designs, the structures are guaranteed to meet all modern building, safety, and energy codes. Additionally, providing dedicated off-street parking pads at the rear off the alley prevents street parking congestion on O'Brien Street, ensuring pedestrian safety and public convenience. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The construction of two attractive, newly built residential duplexes will turn currently vacant parcels into a well -maintained, cohesive neighborhood asset, which historically stabilizes and improves surrounding property values. The layout respects all standard side -yard and front setbacks, ensuring that adjacent properties retain their privacy, access to natural light, and quiet enjoyment. 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 property is situated within the Urban Neighborhood 1 (U1) zoning district, which is explicitly designed to accommodate diverse, low -to -moderate density residential options. Two -unit dwellings (duplexes) are standard residential structures that fit seamlessly into the existing fabric of South Bend's neighborhoods. The building scale, height, and footprints are architecturally compatible with the surrounding homes. The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The City of South Bend's Comprehensive Plan strongly advocates for sustainable urban infill, the utilization of vacant Tots, and the expansion of diverse, accessible housing options. This project directly advances those goals by adding four high -quality residential units on existing infill lots. Furthermore, using the city's 2 own pre -approved plans perfectly aligns with local initiatives to streamline high -quality, context -sensitive neighborhood development. Upload a site plan to scale indicating scale used (for example 1 in. on printer paper = 20ft. in real life or 1 square on graph paper = 5ft. in real life). Include property lines and all structures. Rezoning Subdivison Annexation Use Variance son suit-mogrwais ouRaN err q • *MS MOW 0101.111MINI* San A Use Variance 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: Terms and Conditions Terms and Conditions Accepted 3 Terms and Conditions Accepted Terms and Conditions Accepted By typing my name in the boxes below, I agree that I'm electronically signing this form. I affirm that the information that I've provided is accurate and true to the best of my knowledge. I understand that my electronic signature is legally binding and equivalent to my handwritten signature. Name: Victor Castro Date Wednesday, July 15, 2026 4 PLOT PLAN - TWO STACKED DUPLEXES (OPTION C) 4 TOTAL UNITS (2 UNITS PER DUPLEX) FRONT YARD SETBACK 15' J PRIMARY BUILDING FOOTPRINT (OPTION C) 52 COTTAGE COURT COMMON AREA 20' (MIN) 1 a REAR SETBACK PARKING (CONCRETE PAD) 20' TOTAL LOT DEPTH 133' NOTES; • This is a conceptual plat plan for Illustrative purposes only. • Final dissensions, grading, and utility locations to be verified by survey and engineering. 1 F 15' FRONT YARD SETBACK FRONT PORCH GROUND FLOOR UNIT A•I 1 2ND FLOOR UNIT A-2 PARKING PAD A (2 SPACES) uiir B•t FRONT PORCH STACKED DUPLEX OPTION C (2UNITS) `v GROUND FLOOR UNIT C. ULM.. ALLEY (NORTH TO SOUTH) PARKING PAD B (2 SPACES) UNIT B-2 44 t5'—.j FRONT YARD SETBACK tS 311 or tan 11.11 Parking footprint BM Common Area DATE: JULY 20, 2026 SHEET: 1OF1