11-25-2024 South Bend Common Council Meeting Minutes

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REGULAR MEETING November 25, 2024 SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 809 WALNUT STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA Clerk Tirado read the bill to the Council for its second (2nd) reading. After the second (2°d) reading, Councilmember Lee requested the committee report. Councilmember Dr. Davis stated that Bill No. 53-24 went before the Zoning and Annexation Committee and comes with no recommendation. Councilmember Lee requested that the petitioner(s) state their name and address and share key points before the council. Skip Morrell, Principal Development Planner, with offices on the 14th floor of the County-City building,discussed a special exception request to allow for a duplex in an Agricultural Urban(AU) zone. The property, situated in a mixed-use neighborhood near commercially zoned areas and U2 zones allowing up to four (4) units, could support a duplex. The house, which recently suffered fire damage, had unpermitted renovations, including porch demolition, stone removal, window and roof replacement, and the addition of a second (2) door. The petitioner plans to rebuild the porch, relocate the second (2) door to the side of the house, and adjust the windows to restore the original appearance. The Board of Zoning Appeals found the proposal aligns with zoning ordinances and the comprehensive plan, which promotes diverse housing types and densities. The request received a favorable recommendation from the South Bend Plan Commission. Francisco Rodriguez, petitioner, 19672 Dice Street, South Bend, IN, 46614, introduced himself to the Council. Council Vice President Niezgodski inquired about opposition during the Board of Zoning Appeals hearing and the intended use of the duplex. Skip Morrell noted that there were two (2) letters of remonstrance and one(1) letter in favor. Guadalupe Barcenas, wife of the petitioner, 19672 Dice Street, South Bend, IN, 46614, explained that the duplex was initially intended as their residence; however, due to project delays they now plan to rent the units to extended family members. Council Vice President Niezgodski asked if the petitioners would manage the property. Guadalupe Barcenas confirmed that they would manage the property. Councilmember Karen White inquired about the concerns behind the two (2) letters of remonstrance. Skip Morrell explained that the objections primarily focused on introducing rental units into the community and the initial lack of proper zoning approval. He noted that if the bill passes, the project will go through the proper permitting process, with the Department of Community Investment (DCI) overseeing the zoning requirements. Councilmember Ophelia Gooden Rodgers asked if this house has been renovated in terms of re- wiring due to fire damage. Guadalupe Barcenas explained that they restored about a quarter of the fire-damaged house, blending modern design with its original architecture. They hadn't initially planned to convert it into a duplex and were unaware of the zoning requirements. Councilmember Gooden Rodgers asked if the house is up to code and safe for families. Guadalupe Barcenas confirmed the property was inspected and approved. Councilmember Tomas Morgan inquired whether the rendering was a condition of the petition. Skip Morrell confirmed it could be made a condition. 3