HomeMy WebLinkAboutBill No. 25-23 Rose Mwangi Use Variance at 1436 Bowman District No. 3 Cit o f South Bend County-City Building
Y 227 W.Jefferson Blvd. 1400S
BOARD OF ZONING APPEALS ' '••'
Filed in Clerk'6 33 -762
JUN 0 6 2023
June 6,2023 _ _
DAWN M.JONES
Common Council of South Bend CITY CLERK,SOUTH BEND,IN
227 W.Jefferson Blvd,4th Floor
South Bend,IN 46601
Re: The petition of ROSE MWANGI seeking a Special Exception for Urban Agriculture in the U1 Urban
Neighborhood 1 for property located at 1436 BOWMAN ST,
Dear Council Members:
I hereby Certify that the above referenced petition of ROSE MWANGI was legally advertised on May 26,
2023 and that the South Bend Board of Zoning Appeals at its public hearing on June 5,2023 took the
following action:
Upon a motion by Mark Burrell,being seconded by Kaine Kanczuzewski and unanimously carried,a
petition by ROSE MWANGI seeking a Use Variance for Urban Agriculture for property located at
1436 BOWMAN 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,
/1)(1 17744)14_
Angela M. Smith
Zoning Administrator
Attachment
CC: ROSE MWANGI
Staff Report — BZA#0200-23 June 5, 2023
Property Information
Location: 1436 BOWMAN ST
Owner: ROSE MWANGI
Project Summary
Growing fruits and/or vegetables for human consumption, and allow keeping chickens on a lot
without a one or two unit dwelling.
Requested Action
Special Exception: Urban Agriculture
Variance(s): 1)to allow the keeping of chickens on a lot without a 1 unit or 2 unit dwelling
Site Location
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Staff Recommendation
Based on the information provided prior to public hearing, the Staff recommends the Board send
the Use Variance to the Common Council with a favorable recommendation subject to the site
adhering to the required U1 Urban Neighborhood 1 building setbacks.
SOUTH BEND BOARD OF ZONING APPEALS Page I of 4
Staff Report– BZA#0200-23 June 5, 2023
Proposed Site Plan
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SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4
Staff Report— BZA#0200-23 June 5, 2023
Criteria for Decision Making: Use Variance
A Use Variance 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;
The parcel is currently vacant. The use would put the property back to a productive use,
and should not be injurious to the public health, safety, or 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;
As the current land is vacant, the proposed use should not have any more adverse affects
than the current situation. The site is large enough to provide adequate space for the
desired use.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
The strict application of the terms of the zoning ordinance would not allow for the use to take
place in any district except as a Special Exception in C Commercial and I Industrial. Neither
zoning would be appropriate for the proposed property.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The approval of the desired Use Variance does not substantially interfere with the
Comprehensive Plan. The use would help achieve Objective ED7 "Support neighborhood-
based economic development" by allowing for the creative use of vacant lots within the
neighborhood.
Criteria for Decision Making: Variance(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 proposed variance may impact the general welfare of the community by allowing
chickens to be kept on a property without a one or two unit dwelling.
(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
Allowing chickens on a lot without a dwelling could adversely affect the use and value of the
adjacent properties. Granting the variance could set a precedent for more in the area, thus
affecting the value of the adjacent properties.
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4
Staff Report—BZA#0200-23 June 5, 2023
(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 Ordinance would not result in practical difficulties in the use of
the property. The urban agriculture use is not impacted by not having chickens on the site.
In fact, the area required for the chicken coop and pen would reduce the amount of space
that could be utilized for the urban agriculture use.
(4) The variance granted is the minimum necessary
Since there is no practical difficulty to overcome, the variance requested is not the minimum
necessary.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
There is no hardship on the property to correct. The desire for chickens on a lot without a
one or two unit dwelling is self-created.
Analysis & Recommendation
Analysis: Granting the Use Variance for Urban Agriculture will allow for the adaptive reuse of
the vacant lot at this location. Approving the variance for chickens on a lot without a one or two
unit dwelling would set a precedent whereby allowing owners of chickens to not live on site and
tend the chickens.
Staff Recommendation: Based on the information provided prior to public hearing, the Staff
recommends the Board send the Use Variance to the Common Council with a favorable
recommendation subject to the site adhering to the required U1 Urban Neighborhood 1 building
setbacks.
Filed in Clerk's Office
JUL 0OU6 2013
CITY CLE K S �H BEND IN
SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4
City of South Bend
BOARD OF ZONING APPEALS
May 9, 2023
Honorable Lori Hamann
4th Floor, County-City Building
South Bend, IN 46601
RE: Use Variance at 1436 Bowman
Dear Committee Chair Hamann:
Enclosed is an Ordinance for the proposed Special Exception Use at the above referenced location .
Please include the attached Ordinance on the Council agenda for first reading at your May 22, 2023
meeting and set it for public hearing at your June 12, 2023, Council meeting. The petition is
tentatively scheduled for public hearing at the June 5, 2023, 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:
To allow urban agriculture
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,
Angela M. Smith
Zoning Administrator
CC: Bob Palmer
County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning
BILL NO. 25-23