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HomeMy WebLinkAbout57-26 Special Exception at Lot 17 as Shown on the North Sunnyside Second Addition Recorded PlatCity of South Bend BOARD OF ZONING APPEALS August 18, 2026 Honorable Dr. Oliver Davis 3rd Floor, City Hall South Bend, IN 46601 Filed in Clerk's Office Aug 19, 2026 Bianca Tirado City Clerk, South Bend, IN RE: Special Exception Lot 17 as shown on the North Sunnyside Second Addition recorded plat 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 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 I 215 5. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627 BILL NO. 57-26 ORDINANCE NO. Filed in Clerk's Office Aug 19, 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 LOT 17 AS SHOWN ON THE NORTH SUNNYSIDE SECOND ADDITION RECORDED PLAT 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: Lot 17 as shown on the North Sunnyside Second Addition recorded plat 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- SITE PLAN IN PART OF THE WEST HALF OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 3 EAST, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA REQUIRED SETBACK FRONT YARD MINIMUM: 15' SIDE YARD: 5' REAR YARD: 20' 50% MAXIMUM LOT COVERAGE LOT 1 AREA 2608.42 SF HOUSE 1301.74 SF COVERAGE 49.90% LOT 2 AREA 2807.87 SF HOUSE 1301.74 SF COVERAGE 49.92% 185.00' JACOB (ea• ww) STREET BISSELL (sonny) STREET N 89°45'48' E 55.00' IOT1 Filed in Clerk's Office Aug 19, 2026 Bianca firado City Clerk. South Bend. IN LEGAL DESCRIPTION PER DOCUMENT NO. 2023-03011, ST. JOSEPH COUNTY RECORDS: LOTS 4 & 17 NORTH SUNNYSIDE 2ND ADD SUBJECT TO ANY AND ALL EASEMENTS AND RESTRICTIONS OF RECORD, OR OTHERWISE. SUBJECT TO ANY FACTS THAT MAY BE DISCLOSED IN A FULL AND ACCURATE TITLE SEARCH. RAY UNE NOR ''H SilNNYSIDE 2ND ADD.' PI, I l BK + 1. PG. 72 LPLATTED LOT LINE (TYPICAL) 0 20 30 40 rPORC� SINGLE STALL GARAGE L HOUSE PORCH SINGLE STALL GARAGE J HOUSE HOUSE DETAIL LOT 5 1 Inch = 20 ft. WIGHTMAN VARIANCE PETITION MWGM INDIANA LLC 5531 SAINT JOE ROAD ES. WAYME IN461335 REVISIONS Kre 1 OF 1 City of South Bend BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information Tax Key Number: 018-5089-318001 Address. vacant land west and adjacent to 1430 Bissell Street, South Bend, IN 46617 Owner: MVvGUl Indiana LLC Zoning: U1 Urban Neighborhood 1 Project Summary: The owners wish to build a duplex unit within this Northeast Neighborhood Zoning Overlay area. This will require two individual lots to be created through the subdivision process. The property does not have a rear alley. The duplex shall violate a few NNZO overlay and zoning ordinance requirements. Requested Action ❑✓ Special Exception — complete and attach Critena for Decision Making Use requested: on e duplex unit construction Filed in Clerk's Office Aug 19, 2026 Bianca 7 irado City Clerk. South Bend, IN ❑✓ Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: From 21-03.03(d) to allow 27.5' lot width where 30' lot width is required for Lot 1 and Lot 2. From 21-03.03(d) to no side yard setback along the east line of Lot 1 where 5' is required. From 21-03.03(d) to no side yard setback along the west line of Lot 2 where 5' is required. From Section 21-05.02(4)(A)ii to allow garage facade to face the primary street and to be placed with zero setback from house facade where 20' setback is required for Lot 1 and Lot 2. Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale ❑ 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 building shall be a newly constructed duplex. A two unit dwelling will bring more neighbors to the neighborhood which will 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, because: The duplex is consistent with the scale, character, and land use of the surrounding neighborhood and will bring new neighbors to the area. This should not injure or adversely affect the uses or values of adjacent properties and the area around the building. (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: A two unit dwelling will complement the existing housing stock and match the scale and character of the neighborhood, which is made up of predominantly one and two unit dwellings. Multiple two -unit dwellings have been built on neighboring parcels in the past year. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The petition is consistent with Objective H1.1 of the City's Comprehensive Plan, which encourages residential developments that contain a mix of housing types, densities, price ranges, and amenities. It is also consistent with Strategy 3.5 of the Northeast Neighborhood Plan, which calls for supporting the production of a range of housing types in the area. Criteria for Decision Making Variance(s) - if applicable `o 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: The duplex construction and new lot configurations shall not be injurious to the public health, safety, morals and general welfare of the community. The lot division is to create for proper ownership of each unit. Garage placement is for best utilization of space. (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: The construction of a residential duplex shall follow the continuity of the surrounding area while meeting the increasing need for housing in this area. The addition of this residential structure shall not deter the use or value of the adjacent properties. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: being this is Duplex construction strict application of building placement would result in practical difficulties. Therefore requesting appropriate variances would would allow better use of the site. (4) The variance granted is the minimum necessary, because: The owners believe the proposed duplex configuration would have the least visual impact to the surrounding homes while still supplying the most desired square footage of living space. (5) The variance does not correct a hardship caused by a former or current owner of the property, because: The requested variance should have the least impact to surrounding home owners and rectify violating ordinances created by the construction of a duplex. Contact Information Property owner(s) of the petition site: Name: MWGM Indiana LLC c/o Grace Kuo, manager Address: 5534 Saint Joe Road Name: Address: Name: Ft. Wayne, Indiana 46R35 Address: Contact Person: Name: Wightman c/o Terance D. Lang, PS Address: 1402 Mishawaka Avenue South Bend. Indiana 46615 Phone Number: 574-233-1841 E-mail: tlang@gowightman.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. Property Owner (s) Signatures: � J� 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`d 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: 57-26: The petition of MWGM Indiana LLC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] in the U1 Urban Neighborhood 1 for property located at Lot 17 North Sunnyside Second Addition Plat Dear Council Members: I hereby Certify that the above referenced petition of MWGM Indiana LLC was legally advertised on August 28, 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 MWGM Indiana LLC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at Lot 17 North Sunnyside Second Addition Plat , 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: MWGM Indiana LLC Bob Palmer Staff Report — BZA#0443-26 September 8, 2026 Property Information Location: Lot 17 North Sunnyside Second Addition Plat Owner: MWGM Indiana 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)] Variance(s): to permit two curb cuts on a single lot [21-03.03(e)] Site Location Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the Special Exception petition to the Common Council with a favorable recommendation, and deny the variance as presented. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report — BLUO443-26 Proposed Site Plan Bissell St. (50' IUW) driveway N 51' 17"E '55 OW • 5. aide vedverk 5 on - 1% .111.1Z Al N -y. proposed duplex \\ \\k.. 20. rriar %that !e' 22.50 driveway ofIrd herr . 5' ado •ciback -5.00' ar 41' 4r IV sale TABULATE laa Area - 5.216 Maitding hampred - Lat Coverage - 4121 N u 111 SOUTH BEND BOARD OF ZONING APPEALS September 8, 2026 Page 2 of 4 Staff Report — BZA#0443-26 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 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. The 2022 Northeast Neighborhood Plan also calls for this property to be utilized for either single unit or two unit dwellings. Criteria for Decision Making: Var ancef s) 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 will not be injurious to the public health, safety, morals, and general welfare of the community. It is a second driveway to serve the property. (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 adjacent properties should not be affected in an adverse manner. Curbcuts and driveways are common from the front in the area. SOUTII BEND BOARD OF ZONING APPEALS Page 3 or Staff Report — BZA#0443-26 September 8, 2026 (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict application of the terms of this chapter would not result in practical difficulties in the use of the property. The property could have a shared driveway for the two units, only one driveway for one of the units, or some other configuration for vehicular access. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. It is just one additional curb cut. (5) The variance does not correct a hardship cause by a former or current owner of the property The variance granted is correcting a hardship caused by the owner of the property. As the property stands vacant, the owner is able to come into compliance with the standards provided by the code. The intent of the standards is to prevent frequent curb cuts in the sidewalk and garage -fronted properties in an urban environment. 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. For the variance, the intent of the standards is to prevent frequent curb cuts in the sidewalk and garage -dominated streetscapes in an urban environment. This proposal would create a more auto -centric development pattern in an area that the comprehensive plan calls to move towards a more urban and pedestrian pattern. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the Special Exception petition to the Common Council with a favorable recommendation, and deny the variance as presented. SOUTH BEND BOARD OF ZONING APPEALS Page 4 of'4