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Home My WebLink About56-26 Special Exception at 1246 Howard StreetCity 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 1246 Howard Street Dear Committee Chair Dr. Davis: Filed in Clerk's Office Aug 12, 2026 Bianca Tirado City Clerk, South Bend, 1N 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 S. Dr. Martin Luther King, Jr. Blvd I South Bend, IN 46601 I 574-235-7627 BILL NO. 56-26 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 1246 HOWARD STREET 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: 1246 Howard 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. 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- Wednesday, July 15, 2026 Zoning Application City of South Bend What are you filing for? Who will need to approve? Special Exception(s) Board of Zoning Appeals Property Owner and Property Information Property owner name: Phone number: Email: Project address: Would you like to add additional property owners? CENTURY BUILDERS (574) 286-4478 sherry@centurycustombuilders.com 1246 HOWARD ST SOUTH BEND 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 and 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): 71-09-06-156-014.000-026 The 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: 230 W Catalpa Drive, Suite A Mishawaka, Indiana, 46545 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? DUPLEX Project Summary: Construction of a new duplex. 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: It will provide additional housing. The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: it will provide new housing for a currently vacated plot. The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: Design is consistent with surrounding neighborhood. The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Design is consistent with surrounding neighborhood. 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 1246 Howard Street Site Plan SITE (1).pdf Howard St Duplexes.pdf 2 Subdivison Annexation Use Variance 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 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: Sherry Akey Date Wednesday, July 15, 2026 3 UABONMARCH E 315 W. Jefferson Blvd. Benton Harbor Hobart South Bend, IN 46601 Portage Lafayette T 574.232.8700 South Haven South Bend F 574.251.4440 Fort Wayne Valparaiso abonmarche.com Goshen Engineering • Architecture • Land Surveying 1246 HOWARD STREET SECTION 6X, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA - - - 1242 7.0' HOWARD STREET 50' 30' APPARENT R/W 17.7 1 13.0' 8' U 18' Q I. L 17.67' 18' . wQ 'fl4 5 Five Comers, LLC Instr # I205828 1246 7.0' 13.0' 2 _ L _ _ _ I I f� NOTE: PROPOSED TREE LOCATION i 5 C ' THIS DRAWING DEPICTS THE APPROXIMATE LAYOUT OF THE LOT. FOR ACTUAL DIMENSIONS, SEE THE RECORDED FINAL PLATS AND DEEDS FOR PARCELS. 100' 15' MIN. FRONT SETBACK 25' MAX. FRONT SETBACK 12 Five Comers, LLC Instr #1114888 1250 V/L 20' REAR SETBACK 100' 14' ALLEY 0 25 50 SCALE : 1 = 50' BAR SCALE IN FEET DRAWING FOR: BUILDING PERMITS ONLY PREPARED FOR: CENTURY BUILDERS THE STRUCTURE IS APPROX. 13' FROM THE R/W COPYRIGHT 2026 - ABONMAPCHE CONSULTANR INC DATE OF FIELDWORK: DATE: 07/13/2026 FIELDWOOK: ZONING: URBAN 1 REVIEWED BY: SCALE: 1"=30' DRAWN BY: EMR SHEET 1 OF 1 SO-5000-9Z HOWARD STREET DUPLEXES FRONT VIEW SQUARE FOOTAGE FIRST FLOOR SECOND FLOOR LOWER LEVEL FINISHED (LOWER LEVEL UNFINISHED) TOTAL FINISHED UNIT A 900 SF 884 SF 850 SF (50 SF) 2634 SF UNIT B 900 SF 950 SF 850 SF (50 SF) 2700 SF REAR VIEW OR ALTERNATE FRONT HOWARD STREET DUPLEXES WELT Ida -1- b 15' MIN. FRONT a SETBACK 3 25' MAX. FRONT SETBACK in 20' REAR SETBACK ' REAR SETBACK FOR t.DETACHED GARAGE 6a PE I I. I ' I 1 �} FENCE I II ' 1 irn x 1 CONCEPTUAL SITE PLAN ' HOWARD STREET 5a 3/4 II 50' 36'DUPLEXES I 1 II I1 ?rd 1T-0' I I 24'X24' DETACHED GARAGES WITH SPACE FOR PARKING SCALE: 1" = HOWARD STREET DUPLEXES -2- 313-0' 12-11 1/2' 113-0 l/2' 1.7 DN FRONT PORCH 1T-11 1/2' It LIVING ROOM L [—] DINING UL J KITCHEN BACK PORCH PA44F) U PAN IHY' 1/2 1T-0" D 1 DN FRONT PORCH 1/2 BA" UP DN PANTRY 1/2 BATH 0 ROOM I I' 1 ITCHEN 1 amslati 4 B' OFFSET IS OPTIONAL b ri 38'-P 13'.12184" 12a" X 1 3"-V 8" 3'-9' 13-12 A---AA- BEDROOM 2 LIN BEDROOM 3 DN PRIMARY BEDROOM 13''4" f-. '_-A BEDROOM 2 LIN BEDROOM 3 n j PRIMARY TV BEDROOM 1242 13.4 f_ fit_ CONCEPTUAL GROUND FLOOR PLAN CONCEPTUAL SECOND FLOOR PLAN SCALE: 1/6" = 1'-0" SCALE: 1/8" = 1'-0" HOWARD STREET DUPLEXES -3- T6'0- J0i I RONT PORC}I I DUNDATION L ENTERTAINMENT ROOM 3UNKROOM LEDGE, N / BAR EAR PORCI I TOUNDATION CONCEPTUAL LOWER LEVEL PLAN SCALE: 1/8" = 1'-0" ,1 9 MI II N Il11M1 .... .u11 i _ ,,i_ i �t 111III•I•NI••A��) ro NORTH ELEVATION SCALE 118" = 1'-0" SOUTH ELEVATION SCALE: 1/8" = 1-0- AMfb -4- ADD DORMER FOR VISUAL INTEREST? YINY'' Eu 111==••••••9 L \ 1 EAST ELEVATION BUMP OUT 6 .12` ON THE SIDES? SCALE: 1/8" = 1'-0" nn WEST ELEVATION SCALE' 1/8" = j HOWARD STREET DUPLEXES -5- 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: 56-26: The petition of Century Builders Inc 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 1246 HOWARD ST Dear Council Members: I hereby Certify that the above referenced petition of Century Builders Inc 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 Century Builders Inc seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at 1246 HOWARD 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: Century Builders Inc Bob Palmer Staff Report - 8ZA#0437_26 September 8, 2026 Property Information Location: 1246 HOWARD ST Owner: Century Builders Inc 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 Pag I Staff Report — BZA#0437-26 September 8, 2026 Proposed Site Plan 1246 HOWARD STREET SECTION 6X, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA L - - 1242 HOWARD STREET 'ro' I2T ,0. bf m'7 ATl B _ 7.67 . 7.0' n IDo 110' ,B B 1 L: 17.87 18' Luau Ave Comers. LLC Instr 111205828 1246 7A' tS h 13.0' 50 /• NOTE: worwm 1CfATION Al THIS DRAWING DEPICTS THE APPROXIMATE LAYOUT OF THE LOT. FOR ACTUAL DIMENSIONS, SEE THE RECORDED FNAL PLATS AND DEEDS FOR PARCELS. 30' APPARENT R/W 100' 15' MIN. FRONT SETBACK 25' MAX FROM SETBACK 12 Rve Canal, LLC lush 01114/388 1250 V/L 20' REAR SETBACK 100' 14' ALLEY SCALE 1 =50' BAR SCALE IN FEET DRAWING FOR: BUILDING PERMITS ONLY PREPARED FOR: CENTURY BUILDERS THE STRUCTURE IS APPROX. 13 FROM THE R/W COnIM IR]@r - AEOMMN,OI E COMA/MR DATE OF RELDWORK: DATE: 07/13/2026 RELDBOOK 2ONNG: URBAN 1 REVIEWED BY: DRAWN BY: EMR SCALE: 1,33 SHEET 1 OF 1 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Staff Report — BZA#0437-26 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 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 its 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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