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HomeMy WebLinkAbout55-26 Special Exception at 1245 Corby BoulevardCity of South Bend BOARD OF ZONING APPEALS August 11, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 RE: Special Exception 1245 Corby Boulevard Dear Committee Chair Dr. Davis: Filed in Clerk's Office Aug 12, 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 August 24, 2026, Council meeting and set it for public hearing at your September 14, 2026, Council meeting. The petition is tentatively scheduled for public hearing at the September 8, 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 South Bend, IN 46601 I 574-235-7627 BILL NO. 55-26 ORDINANCE NO. Filed in Clerk's Office Aug 12, 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 1245 CORBY BOULEVARD COUNCILMANIC DISTRICT NO. 4 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: 1245 Corby Boulevard 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. Approved and signed by me on the .m. Bianca L. Tirado, City Clerk Office of the City Clerk day of , 2026, at _ o'clock James Mueller, Mayor City of South Bend, Indiana -2- Monday, August 10, 2026 Zoning Application City of South Bend What are you filing for? Special Exception(s) Property Owner and Property Information Property owner name: Domer Domiciles LLC Phone number: (571) 265-4146 Email: mccullough.patrick@gmail.com Project address: 1245 Corby Blvd South Bend Would you like to add additional property owners? Filed in Clerk's Office Aug 12, 2026 Bianca Tirado City Clerk, South Bend, IN 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 mp 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): 018-5092-3280 The tax key(s)/parcel ID(s) can be found by visiting this gip 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? Yes; someone else will be representing this petition on my behalf Representative name: Elissa Gunsorek Phone number: (513) 225-3421 Email: egunsorek@eco-gv.com Mailing address: 7821 Morse Rd New Albany, OH, 43054 Terms and Conditions Accepted 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-family dwelling Project Summary: Owner is seeking approval to build a two family dwelling. The style will be consistent with the scale and character of the surrounding neighborhood. 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 two unit dwelling will be constructed in a manner that is consistent with the surrounding area. The new two unit dwelling will eliminate a current house that is in disrepair and vacant, thus increasing safety and improving the overall general welfare. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The proposed two unit dwelling will not injure or adversely affect the use of the adjacent area or property values because it is in keeping with the residential feel of the surrounding neighborhood, while offering gentle density on a currently underutilized parcel. 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 two unit dwelling will match the scale and character of the surrounding residential neighborhood. The architectural style of the two unit dwelling will be consistent with the neighborhood and will complement the existing housing stock. The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use is consistent with the Comprehensive Plan because it follows objective H1.1: 2 encourage residential developments to contain a mix of housing types, densities, price ranges, and amenities. Upload a site plan to scale indicating scale used (for example lin. 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 a 1245 Corby site plan.pdf 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 Terms and Conditions Accepted Terms and Conditions Accepted 3 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 arid true to the best of my knowledge. I understand that my electronic signature is legally binding and equivalent to my handwritten signature. Name: Pat McCullough Date Monday, August 10, 2026 4 ABBREVIATIONS AO MCMCNI MOH HIM *WNW HERFILaane pia WHO ROI HARM ad u Mon talf NA, Carr COMM uHE CaEoRMICia WINK IIEHIARRA 01.1.1.11 SECROCIAL EXIEMO RIESE MHAR OHM, µWflift-f pH; 001.49-411105 nalmmoara NI Heine.. EN NORM ▪ INCHER WOO XL ISHIRREIRRIEEIN MEL Min OM CaTalf11 H./ HIVERVIOREH RIM ▪ IIIMINDED me • PIEHMENT fr MOW RA HA 11111.M4 PM MR ERHY HEW NEHEVECHICHH4 • woo Sangre EN OF=IF M▪ OM Nero INC EHLOR mom mem.. IMP IMMO • MICR NLIPCOMMIER aATCHHIHHJ IfiLARAXWOHO MY. amipan appal Hp. LOCATION MAP SYMBOLS • H.R u E 1 C E 1 4 1.ER Er J OE •F RE 0 FM EN N . E i IE 1 it TOWNER Domer Domiciles LLC PROJECT DESCRIPTION. 1 TWS PROJECT CON&BTB Of THE CONSTRUCTION OF A NEW TWO. FAMILY DWELLING AND ACCESSORY GARAGE. c all 1E all E..11 .ci HI cn CEA MTEI .n E El al MEI x E ET -a 11 1 t .11 E rrE u�E-11 CIE L. PROJECT INFORMATION New Two -Family Dwelling 1245 Corby Blvd. South Bend, Indiana 46617 ▪ RIK •E RE EE'T • i} rT E EJ -. 111-0. °RNESON ORNEMV a. i =» 7,- 5'SETBACK SIDENALS I —1-----1•—• SETBACK L1 SIIIEWAUt NOTE' SCOPE OF WORN FON PROPOSED GARAGE AND PARKING AREA TO SE CONFIRMED WITH SEPARATE CONITRUCTNON DOCUMENTS. 00.0 CODE INFORMATION 11.01111441.1 el" MECHAM. MAMMY HMO/ma ouiapalal mow, car. too oar ro• Au ammo nom moncrax•E BUILDING & LOT INFORMATION ISOCHIFIkafl I' SF _WALL SHEET INDEX WIOIITECTIEIAL DRAWINGS AOS 1111E SHEET - SITE RAM OPEN PCRCN Domer Domiciles, LLC New Two -Family Dwelling SEAT • X.i..nbee ly R. Rom, REVISION RECORD NO. • TE VMUPCE SDSA.IS PRUNE PERMIT AS NUMBER 26_SB05 SHEET= TOLE SKEET A0.0 City of South Bend BOARD OF ZONING APPEALS September 9, 2026 Common Council of South Bend 215 S. Dr. Martin Luther King Jr. Blvd., 3`a Floor South Bend, IN 46601 City Hall 215 S. Martin Luther King, Jr Blvd. Suite 500 South Bend, IN 46601 (574) 235-7627 Filed in Clerk's Office Sep 9, 2026 Bianca Tirado City Clerk, South Bend, IN Re: 55-26: The petition of DOMER DOMICILES LLC seeking a Special Exception for a Dwelling, 2 Units in U 1 Urban Neighborhood 1 [21-03.03(c)] in the U 1 Urban Neighborhood 1 for property located at 1245 CORBY BLVD Dear Council Members: I hereby Certify that the above referenced petition of DOMER DOMICILES LLC was legally advertised on August 29, 2026 and that the South Bend Board of Zoning Appeals at its public hearing on September 8, 2026 took the following action: Upon a motion by Mark Burrell, being seconded by Caitlin Stevens and unanimously carried, a petition by DOMER DOMICILES LLC seeking a Special Exception for a Dwelling, 2 Units in U 1 Urban Neighborhood 1 [21-03.03(c)] for property located at 1245 CORBY BLVD, 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: DOMER DOMICILES LLC Bob Palmer Staff Report — BZA#0440-26 September S, 2026 Property Information Location: 1245 CORBY BLVD Owner: DOMER DOMICILES LLC Project Summary The petitioner seeks to build a new two unit dwelling. Filed in Clerk's Office Sep 9, 2026 Bianca Tirado City Clerk, South Bend, IN Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] Site Location 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#0440-26 Proposed Site Plan September 8, 2026 • C=2( 1V0 SOD.. Nyasa Kaaft 01•ON[10•••01•00•DO11.1•0•••01.41•300 APIA RI OE C01•••••••• 01111•11102 OPINTIMKTO• FRONT (SOUTH) ELEVATION 4 RIGHT SIDE (EAST) ELEVATION SOUTH BEND BOARD OF ZONING APPEALS r "r71:111-13 _1101 r 3 REAR (NORTH) ELEVATION Pa • Page 2 of 3 Staff Report — BZA#0440-26 September 8, 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 occupied by a single unit dwelling, 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 additional infill housing. (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. The 2022 Northeast Neighborhood Plan also calls for a mixture of densities in the Five Corners area, of which this property is on the eastern edge. More specifically, it calls for lower -density structures such as duplexes along this edge, aligning with the petitioner's proposal. Analysis & Recommendation Analysis: The construction of a new duplex on this site will provide additional housing units for the neighborhood while matching the existing scale and character and filling in a vacant lot. 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. 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