HomeMy WebLinkAbout12.06.23 BZA Agenda Packet
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City of South Bend
BOARD OF ZONING APPEALS
AGENDA
Wenesday, December 6, 2023 - 4:30 p.m.
County-City Building
13th Floor - BPW Conference Room
www.tinyurl.com/sbbza
PUBLIC HEARING:
1.Location:1114 INDIANA AVE BZA#0221-23
Owner: CHARLES W BROOKS & REBECCA P MORROW JT W/FROS NOT TIC
Requested Action:
Variance(s):
1) from the maximum 1 detached accessory structures to 3;
2) from the 5' minimum rear and side setback to 0'
Zoning: U1 Urban Neighborhood 1
2.Location: 918 CALVERT ST BZA#0238-23
Owner: ROSENDO SANCHEZ
Requested Action:
Variance(s):
1)Accessory structure without a primary
Zoning: U1 Urban Neighborhood 1
3.Location: 201 POKAGON ST BZA#0240-23
Owner: LIHOSIT ROBERT A TRUST
Requested Action:
Variance(s):
1) from the 5' minimum rear yard setback of a rear extension to 3'
2)from garage set back 5' from corner facade to 3'
3)from 50% of the facade in the setback zone to 30%Zoning: U1 Urban Neighborhood 1
4.Location: 1044 LINCOLNWAY BZA#0233-23 Owner: RONALD E KOEHLER Requested Action:
Special Exception: a Group Residence
Zoning: U3 Urban Neighborhood 3
5.Location: 2921 WESTERN AVE BZA#0239-23
Owner: ROBERT HENDERSON
Requested Action:
Special Exception: a Group Residence
Zoning: NC Neighborhood Center
City of South Bend BOARD OF ZONING APPEALS
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ITEMS NOT REQUIRING A PUBLIC HEARING:
1.Findings of Fact – November 6, 20232.Minutes – November 6, 20233.Other Business2024 Calendar 4.Adjournment
NOTICE FOR HEARING AND SIGN IMPAIRED PERSONS Auxiliary Aid or other services may be available upon request at no charge. Please give reasonable advance request when possible.
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0221-23 December 6, 2023
Property Information
Location: 1114 INDIANA AVE
Owner: CHARLES W BROOKS & REBECCA P MORROW JT W/FROS NOT TIC
Project Summary
Allowing for the continued use of several existing sheds in the rear and side yard of the property.
Requested Action
Variance(s): 1) from the maximum 1 detached accessory structures to 3
2) from the 5' minimum rear and side setback to 0'
Site Location
Staff Recommendation Based on the information available prior to the public hearing, the Staff recommends the variances
be denied as presented.
Staff Report – BZA#0221-23 December 6, 2023
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0221-23 December 6, 2023
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
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 variances are out of character with the area and do not meet the intent of the
Ordinance, which may impact the general welfare of the community.
(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 proposed variances are out of character with this area, which could have an adverse
impact on the value of surrounding properties. Accessory structures in this alley have a
setback of at least 5'. The intent of the Ordinance is to limit properties to one detached
accessory structure, allowing for one additional shed of 120 square feet or less. Exceeding
this number could damage the value of adjacent properties.
(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 residential use is not impacted by the number or location of
accessory structures.
(4) The variance granted is the minimum necessary
Since there is no practical difficulty to overcome, the variance requested is not the minimum
necessary. An existing concrete pad on the property could support a larger accessory
structure set back more than 5' from the alley, allowing for storage that would meet the
intent of the Ordinance without requiring a variance.
(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. The accessory structures were built on the property
without the appropriate permits or approvals from the building department and zoning
department. Had the applicant applied for a building permit or communicated with zoning,
they would have been made aware of the applicable regulations.
Analysis: The intent of the Ordinance is to limit properties to one detached accessory structure,
set back a minimum of 5' from the rear lot line. Allowing additional accessory structures at this
property within the setback area would be out of character with the neighborhood and would not
meet the intent of the Ordinance. There is no hardship on the property that merits variance #1 or
#2 and the residential use is not impacted by the number or location of accessory structures.
Staff Recommendation: Based on the information available prior to the public hearing, the
Staff recommends the variance be denied as presented.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0238-23 December 6, 2023
Property Information
Location: 918 CALVERT ST
Owner: ROSENDO SANCHEZ
Project Summary
Legalizing an existing garage and a shed as accessory structures without a primary.
Requested Action
Variance(s): 1) Accessory structure without a primary
Site Location
Staff Recommendation Based on the information available prior to the public hearing, the Staff recommends the variance be granted as presented conditional to the property owner obtaining a permit for a primary
structure by 12/4/25 and beginning construction by 12/4/26.
December 6, 2023
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Staff Report – BZA#0238-23
Proposed Site Plan
Staff Report – BZA#0238-23 December 6, 2023
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
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 of the variance should not be injurious to the public health, safety, morals and
general welfare of the community. The variance legalizes existing structures that match the
character of the area.
(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 the area adjacent to the property should not be affected in a
substantially adverse manner. The legalization of the existing garage and shed will facilitate
new construction on the property.
(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 the Ordinance would result in practical difficulties to the
use of the property. Requiring the property owner to remove the garage because there is no
primary structure would be counterproductive, seeing as the owner will be utilizing said
garage to construct a primary structure on the property.
(4) The variance granted is the minimum necessary
The variance granted is the minimum necessary. The variance would legalize a garage that
has existed since at least 1957 and a shed that was built prior to 2002 to facilitate
construction of a new house on the lot.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The variance does correct a hardship caused by a former owner of the property. The house
in front of the garage was removed between 1976 and 1986, creating a lot that had an
accessory structure without a primary. The shed was subsequently built between 1998 and
2002.
Analysis: Granting the variance will allow for the construction of a new house on the lot. The
garage and shed are consistent with the character of the area and the legalization of the
structures will facilitate further development in the community.
Staff Recommendation: Based on the information available prior to the public hearing, the
Staff recommends the variance be granted as presented conditional to the property owner
obtaining a permit for a primary structure by 12/4/25 and beginning construction by 12/4/26.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0240-23 December 6, 2023
Property Information
Location: 201 POKAGON ST
Owner: LIHOSIT ROBERT A TRUST
Project Summary
Building a rear yard extension that connects to the existing garage.
Requested Action
Variance(s): 1) from the 5' minimum rear yard setback of a rear extension to 3'
2) from garage set back 5' from corner facade to 3'
3) from 50% of the facade in the setback zone to 30%
Site Location
Staff Recommendation Based on the information available prior to the public hearing, the Staff recommends the variances
be granted as presented.
Staff Report – BZA#0240-23 December 6, 2023
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0240-23 December 6, 2023
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
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 of these variances should not be injurious to the general welfare of the
community. The location of the existing garage must be legalized through variances
because it is connecting to a rear yard house extension. The garage will not encroach any
further towards the property line or the street.
(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 a substantially adverse
manner. The variances serve to legalize a rear yard extension that matches the character of
the neighborhood.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Strict application of the ordinance would not result in practical difficulties in the use of the
property. A rear extension could be built that did not attach to the existing garage and was
within the corner setback zone.
(4) The variance granted is the minimum necessary
The variances corresponding to the location of the garage are the minimum necessary, as
they are legalizing the location of a structure that has existed for almost 60 years. The
variance allowing for less of the facade in the setback zone is not the minimum necessary,
as a different design could shift the facade closer to N. St. Joseph St. However, the design
mirrors the existing layout of the house and matches the character of the neighborhood.
(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. The variances would serve to support a proposed
design for a rear yard extension.
Analysis: Variances #1 and #2 serve to legalize the location of a garage that has existed for
almost 60 years while allowing it to be incorporated into a rear yard house extension. Variance
#3 allows for a design that mirrors the existing layout of the house and matches the character of
the neighborhood.
Staff Recommendation: Based on the information available prior to the public hearing, the
Staff recommends the variances be granted as presented.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0233-23 December 6, 2023
Property Information
Location: 1044 LINCOLNWAY
Owner: RONALD E KOEHLER
Project Summary
Request a special exception to allow for the use of a Group Residence.
Requested Action
Special Exception: a Group Residence
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 subject to a limit of one
person per bedroom.
Staff Report – BZA#0233-23 December 6, 2023
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0233-23 December 6, 2023
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
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;
The proposed use should not be injurious to the public health, safety, comfort or general
welfare of the community. A group residence aligns with the residential character of the
immediate surrounding properties. The property is located on a mixed use corridor with
several commercial uses nearby.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
The proposed use should not injure or adversely affect the use of the adjacent area or
property values. The property will still function as a residential dwelling unit.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
This group residence will be consistent with the character of the district and neighborhood in
both use and style of construction. Lincolnway West is a mixed use corridor and the current
structure is large residential building suitable for multiple individuals.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006)
Objective H1.1: Encourage residential developments to contain a mix of housing types,
densities, price ranges, and amenities.
Analysis: Lincolnway West has a mix of commercial and industrial uses of varying intensity
along the surrounding stretch. The property is currently zoned for multifamily use which would
allow for an apartment complex. The dwelling is consistent with the character of the district in
the housing style.
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 subject to a limit of one person per bedroom.
Analysis & Recommendation
Criteria for Decision Making: Special Exception
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0239-23 December 6, 2023
Property Information
Location: 2921 WESTERN AVE
Owner: ROBERT HENDERSON
Project Summary
Request a special exception to allow for the use of a Group Residence.
Requested Action
Special Exception: a Group Residence
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 subject to a limit of one
family per bedroom.
Staff Report – BZA#0239-23 December 6, 2023
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0239-23 December 6, 2023
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
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;
The proposed use should not be injurious to the public health, safety, comfort or general
welfare of the community. A group residence aligns with the intent of NC districts to support
a mixture of commercial uses and higher density dwelling units.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
The proposed use should not injure or adversely affect the use of the adjacent area or
property values. The property has operated as a group residence for multiple years and will
continue to function in this capacity.
(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 group residence will be consistent with the character of the district and neighborhood in
both use and style of construction. Western Ave is a mixed use corridor and the group
residence will offer multiple dwelling units in a structure that is suitable for the use.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006)
Objective H1.1: Encourage residential developments to contain a mix of housing types,
densities, price ranges, and amenities.
Analysis: This group residence will be consistent with the character of the neighborhood in both
use and style of construction. Western Ave is a mixed use corridor and the group residence will
offer multiple dwelling units in a structure that is suitable for the use. The group residence will
meet the intent of the Comprehensive Plan by supporting a mix of housing types, densities,
price ranges, and amenities.
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 subject to a limit of one family per bedroom.
Analysis & Recommendation
Criteria for Decision Making: Special Exception