46-25 Amending the Zoning Ordinance for Property Located at 1432 South Bend Avenue

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Staff Report-PC#0263-25 8/18/2025 These two parcels fall within the Northeast neighborhood. In the 2022 neighborhood plan, the future zoning map shows these parcels as U3. Plan Implementation/Other Plans: Strategy 3 in the 2022 Northeast Neighborhood Plan outlines a desire to "develop and preserve housing in the neighborhood,"with action item 3.5 specifically saying to"support the production of a range of housing types including new construction and rehabilitation of market rate and affordable rental housing." 2. Current Conditions and Character: The surrounding structures are mostly one and two story houses. 3. Most Desirable Use: The most desirable use for this property would be to convert it to a high-density residential use. 4. Conservation of Property Values: Allowing for this multi-unit dwelling through a rezoning will help to increase the value of this specific property, as well as surrounding property. 5. Responsible Development and Growth: Rezoning this parcel would allow for additional higher-density housing on a currently vacant lot that already has utility and transportation access. Variance(s) The petitioner is seeking the following variance(s): • From the maximum allowed height of 4 stories to 5 stories. (21-03.05(f)) • (withdrawn) From the required 40' setback from a S1 district required for the portion of a primary structure in excess of 40' or 3 stories in height to 5' (21-03.05(f)) • From the maximum building width for a Stacked Flats building type of 120' to 127' (21- 08.02(j)(3)) State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community. The approval of the variances should not be injurious to the general welfare of the community. The rooftop space will have either a street, parking lot, or some other buffer on all sides from neighboring properties, including residential ones, limiting its impact on those surrounding properties. The building width variance will allow for an angled facade at an intersection that responds to the streetscape, provides architectural intrigue, and allows there to be one centralized entrance to the building along South Bend Avenue. (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. The use and value of the adjacent properties should not be adversely affected. The rooftop space will be sufficiently distanced from neighboring properties in such a way that will limit any impact on surrounding uses and property values. The building width variance will allow for an angled facade at an intersection that responds to the streetscape, provides architectural intrigue, and allows there to be one centralized entrance to the building along South Bend Ave. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. This parcel is located along a major thoroughfare at the edge of the Notre Dame campus and supports a higher density project. A strict application of the ordinance would not allow for the SOUTH BEND PLAN COMMISSION Page 4 of 18