HomeMy WebLinkAbout01.02.2024 MinutesSOUTH BEND BOARD OF ZONING APPEALS
MINUTES
Tuesday, January 2, 2024 4th Floor, Council Chambers
4:00 p.m. County -City Building, South Bend, IN
MEMBERS PRESENT: MEMBERS ABSENT:
Mark Burrell Caitlin Stevens
Frank Fotia
Kaine Kanczuzewski (virtually)
Kathy Schuth
ADMINISTRATIVE ITEMS:
1. Election of Officers
ACTION
After careful consideration, the following actions were taken:
ALSO PRESENT:
Michael Divita
Kari Myers
Jenna Throw
Kate Bolze
(Audio Position: 0: 00:55)
Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously
carried, Mark Burrell is nominated for and elected Chair of the Board of Zoning
Appeals.
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Absent
Mark Burrell -Yes
Kathy Schuth—Yes
Upon a motion by Frank Fotia, being seconded by Kathy Schuth and unanimously
carried, Kathy Schuth is nominated for and elected Vice Chair of the Board of
Zoning Appeals.
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Absent
Mark Burrell -Yes
Kathy Schuth — Yes
2. Amend Agenda (Audio Position: 0: 04:53)
ACTION
After careful consideration, the following actions were taken:
Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously
carried, the Agenda is amended such that Public Hearing item number 4, 721
Sample St, will be heard before item number 1, 918 Calvert St.
1IPage
City of South Bend BOARD OF ZONING APPEALS
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Absent
Mark Burrell -Yes
Kathy Schuth — Yes
PUBLIC HEARINGS:
4. The petition of JATT HOLDINGS LLC seeking the following variance(s): 1) from
the minimum 20% transparency to 12% for a corner facade, property located at 721
SAMPLE ST. Zoned C Commercial. (Audio Position: 0: 05:22)
STAFF REPORT
The staff report was presented by Kari Myers.
Analysis: The road to the east of the property is a short, dead end road that functions
as a driveway. While the east facade is technically a corner facade facing a street,
it serves functionally as a side facade. Reducing the transparency standards from
20% for a corner facade to the existing 12% permits a design that is consistent
with the intent of the Ordinance.
Staff Recommendation: Based on the information available prior to the public
hearing, the Staff recommends the Board approve the variance as requested.
PETITIONER
Jack Pritchard, Jatt Holdings LLC, 56789 Spirea Rd, New Carlisle, IN appeared
virtually to represent the petition.
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
There was no one from the public to speak.
ACTION
After careful consideration, the following action was taken:
Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously
carried, a petition by JATT HOLDINGS LLC seeking the following variances: 1)
from the minimum 20% transparency to 12% for a corner facade was approved as
presented, and will issue written Findings of Fact.
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Absent
Mark Burrell -Yes
Kathy Schuth—Yes
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City of South Bend BOARD OF ZONING APPEALS
1. The petition of ROSENDO SANCHEZ seeking the following variance(s): 1)
Accessory structure without a primary, property located at 918 CALVERT ST.
Zoned U1 Urban Neighborhood 1. (Audio Position: 0:10:36)
STAFF REPORT
The staff report was presented by Kari Myers.
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 seeking new home permits by 1/2/26 and beginning
construction by 1/2/27.
Board Member Kaine Kanczuzewski joined the
meeting virtually at Audio Position: 0:12: 31
PETITIONER
Rosendo Sanchez, 727 Blaine Ave, South Bend, IN appeared in person to represent
the petition.
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
There was no one from the public to speak.
ACTION
After careful consideration, the following action was taken:
Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously
carried, a petition by ROSENDO SANCHEZ seeking the following variances: 1)
Accessory structure without a primary was approved as presented conditional to
the property owner seeking new home permits by 1 /2/26 and beginning
construction by 1/2/27, and will issue written Findings of Fact.
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth—Yes
2. The petition of JOHN J & MILDRED A STAKOWICZ seeking the following
variance(s): 1) from the minimum VLT of 50% to 48%, property located at 3601,
3603 and 3609 JEFFERSON BLVD. Zoned NC Neighborhood Center.
(Audio Position: 0:18:16)
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City of South Bend BOARD OF ZONING APPEALS
ACTION
After careful consideration, the following action was taken:
Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously
carried, a petition by JOHN J & MILDRED A STAKOWICZ seeking the
following variances: 1) from the minimum VLT of 50% to 48% was withdrawn as
presented.
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth —Yes
3. The petition of HOME CITY ICE CO seeking the following variance(s): 1) from the
30' minimum front yard setback to 151, property located at 5310 BRICK RD. Zoned
I Industrial. (Audio Position: 0:18:59)
STAFF REPORT
The staff report was presented by Kari Myers.
Analysis: Large setbacks between I Industrial parcels and S 1 Suburban Neighborhood
1 parcels exist to ensure appropriate buffering between incompatible uses.
Reducing the buffer to allow for a parking lot expansion would not meet the intent
of the Ordinance.
Staff Recommendation: Based on the information provided prior to the public
hearing, the staff recommends the Board deny the variance as presented.
PETITIONER
Steve Mowry, Mowry Builders, 1672 County Rd 1095, Ashland, OH 44805 appeared
in person on behalf of the petitioner to represent the petition.
INTERESTED PARTIES
Cecelia Boocher, 23573 Brick Rd, South Bend, IN appeared virtually and spoke in
opposition to the petition.
Eugene Paidle, 23639 Brick Rd, South Bend, IN submitted an email in opposition to
the petition
PUBLIC COMMENT
There was no one from the public to speak.
REBUTTAL
Steve Mowry, Mowry Builders, 1672 County Rd 1095, Ashland, OH 44805 provided
rebuttal comments.
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City of South Bend BOARD OF ZONING APPEALS
ACTION
After careful consideration, the following action was taken:
Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously
carried, a petition by HOME CITY ICE CO seeking the following variances: 1)
from the 30' minimum front yard setback to 15' was denied as presented, and will
issue written Findings of Fact.
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth —Yes
5. The petition of JAMES M PARKER REV TRUST W/LIFE ESTATE, JAMES M
PARKER TRUSTEE seeking the following variance(s): 1) from the allowed 4
parking stalls/spaces to 7, property located at 1717 IRELAND RD. Zoned S1
Suburban Neighborhood 1. (Audio Position: 0:38:32)
STAFF REPOR
The staff report was presented by Kari Myers.
Analysis: The 3.59 acre parcel is bounded by S 1 Suburban 1 residentially zoned
property (owned by the petitioners) and St. Joseph Valley Parkway on the west
and I Industrial zoning to the south. The size of the property warrants
consideration and relief from the strict application of the Ordinance.
Staff Recommendation: Based on the information provided prior to the public
hearing, the Staff recommends the Board approve the variance as presented.
PF.TITTONF.R
Terry Lang, Wightman, 1402 Mishawaka Ave, South Bend, IN appeared in person on
behalf of the petitioner to represent the petition.
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
There was no one from the public to speak.
A C'.TTON
After careful consideration, the following action was taken:
Upon a motion by Frank Fotia, being seconded by Kathy Schuth and unanimously
carried, a petition by JAMES M PARKER REV TRUST W/LIFE ESTATE,
JAMES M PARKER TRUSTEE seeking the following variances: 1) from the
allowed 4 parking stalls/spaces to 7 was approved as presented, and will issue
written Findings of Fact.
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City of South Bend BOARD OF ZONING APPEALS
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth —Yes
6. The petition of ROBERT HENDERSON seeking a Special Exception to allow a
Group Residence, property located at 2921 WESTERN AVE. Zoned NC
Neighborhood Center. (Audio Position: 0:44:16)
ACTION
After careful consideration, the following action was taken:
Upon a motion by Frank Fotia, being seconded by Kathy Schuth and unanimously
carried, a petition by ROBERT HENDERSON seeking a Special Exception for a
Group Residence for property located at 2921 WESTERN AVE, City of South
Bend is tabled.
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth —Yes
7. The petition of WESTERN AVE LLC seeking a Special Exception to allow Minor
Vehichle Service, and seeking the following variance(s): 1) from the minimum 60%
transparency of a front fagade to 7% and from the minimum 20% transparency of a
corner fagade ; and 2) to allow parking in the front/corner yard, property located at
3001, 3011, and 3015 WESTERN AVE. Zoned NC Neighborhood Center.
(Audio Position: 0: 45:26)
STAFF REPORT
The staff report was presented by Michael Divita.
Analysis: The building was originally constructed for window manufacturing, and
was then used as a commercial vehicle service station from the mid 1980s until
2017. While the Neighborhood Center Zoning District outlines pedestrian
orientated development, the use of Vehicle Service, Minor is an allowed Special
Exception in the district, particularly for such instances. Because the proposed use
is consistent with a previous use, it is within the character of the district and
surrounding area.
The site contains no practical difficulties and it would not affect the usability of the
site to install appropriate transparency that meets the standards of the Ordinance.
However the use of the corner parcel as a parking area, if held to setback
requirements, could hinder the usability and reactivation of the parcel.
Staff Recommendation: Based on the information provided prior to the public
hearing, Staff recommends the Board send the Special Exception to the Common
6 1 P a g e January 2, 2024
City of South Bend BOARD OF ZONING APPEALS
Council with a favorable recommendation. The staff recommends the Board deny
Variance #1 to allow reduced transparency requirements. Staff recommends the
Board approve Variance #2 to allow parking in a front/corner yard.
PETITIONER
Ted Arhontas, 2565 Portage Ave, Las Vegas, NV appeared in person to represent the
petition.
Manuel Villegas, 4102 W Western Ave, South Bend, IN appeared in person to
represent the petition
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
There was no one from the public to speak.
ACTION
After careful consideration, the following action was taken:
Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously
carried, a petition by WESTERN AVE LLC seeking a Special Exception for
Minor Vehichle Service for property located at 3001, 3011, and 3015 WESTERN
AVE, City of South Bend, is sent to the Common Council with a favorable
recommendation, and will issue written Findings of Fact.
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth—Yes
Upon a motion by Frank Fotia, being seconded by Kathy Schuth and unanimously
carried, a petition by WESTERN AVE LLC seeking the following variance: 2) to
allow parking in the front/corner yard was approved as presented subject to the
existing setback requirements for parking, and will issue written Findings of Fact.
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth —Yes
Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously
carried, a petition by WESTERN AVE LLC seeking the following variance: 1)
from the minimum 60% transparency of a front fagade to 7% and from the
minimum 20% transparency of a corner fagade to 0% was denied as presented,
and will issue written Findings of Fact.
71page January 2, 2024
City of South Bend BOARD OF ZONING APPEALS
Caitlin Stevens - Absent
Frank Fotia - Yes
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth — Yes
ITEMS NOT REQUIRING A PUBLIC HEARING
1. Findings of Fact — December 6, 2023 (Audio Position: 1:14: 58)
ACTION
After careful consideration, the following action was taken:
Upon a motion by Kathy Schuth, being seconded by Kaine Kanczuzewski and
carried by vote, the findings of fact from the December 6, 2023 Board of Zoning
Appeals meeting were approved.
2. Minutes — December 6, 2023 (Audio Position:1:15:43)
ACTION
After careful consideration, the following action was taken:
Upon a motion by Kathy Schuth, being seconded by Kaine Kanczuzewski and
carried by vote, the minutes from the December 6, 2023 Board of Zoning Appeals
meeting were approved.
3. Other Business
4. Adjournment — 5:16 PM
RESPECTFULLY SUBMITTED,
G_ ARIA BI]RRELL,
Chair
ATTEST:
T M CORCORAN,
Interim Secretary of the Board
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