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HomeMy WebLinkAbout03.04.24 BZA Agenda Packet 1 | Page City of South Bend BOARD OF ZONING APPEALS AGENDA Monday, March 4, 2024 - 4:00 p.m. County-City Building Fourth-Floor Council Chambers www.tinyurl.com/sbbza PUBLIC HEARING: 1.Location:1401 BENDIX DR BZA#0249-24 Owner:PAPPU PROPERTY LLC INC Requested Action: Variance(s): 1) to allow a gas station canopy to have a non-neutral appearance; 2) to allow a freestanding canopy sign to project more than 12" above the canopy Zoning: C Commercial 2.Location: 2401 WESTERN AVE BZA#0250-24 Owner: PANADERIA Y SUPERMERCADO SAN MIGUEL INC Requested Action: Variance(s): 1) from the maximum building length for a shop building type of 150' to 185' Zoning: NC Neighborhood Center 3.Location: 737 BEALE ST BZA#0251-24 Owner: SOUTH BEND COMMUNITY SCHOOL CORP Requested Action: Variance(s): 1) use variance to allow professional offices Zoning: S1 Suburban Neighborhood 1 ITEMS NOT REQUIRING A PUBLIC HEARING: 1.Findings of Fact – February 5, 2024 2. Minutes – February 5, 2024 3.Other Business 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#0249-24 March 4, 2024 Property Information Location: 1401 BENDIX DR Owner: PAPPU PROPERTY LLC INC Project Summary Rebranding of existing gas station from GoLo to Amoco. Requested Action Variance(s): 1) to allow a gas station canopy to have a non-neutral appearance 2) to allow a freestanding canopy sign to project more than 12" above the canopy Site Location Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board deny both variances as presented. Staff Report – BZA#0249-24 March 4, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0249-24 March 4, 2024 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 Allowing a non-neutral freestanding canopy with a sign that projects more than 12" above the canopy could be injurious to the general welfare of the community as its aesthetics would not meet the intent of the ordinance. (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 the requested variances could impact the area in an adverse manner. A Citgo station currently under construction approximately 1/4 mile south on Bendix Drive was issued permits for code compliant signage on a neutral color canopy. (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 terms of this Chapter would not result in practical difficulties in the use of the property for commercial purposes. Aesthetic preference for additional height of signage on the freestanding canopy is not a practical difficulty. Since the new Zoning Ordinance was adopted in 2020, new gas stations built in the City have complied with the new sign and design standards. (4) The variance granted is the minimum necessary The variances requested are not the minimum necessary as there are no practical difficulties to overcome. The petitioner has options for signage that comply with the Zoning Ordinance. (5) The variance does not correct a hardship cause by a former or current owner of the property The hardship is created by the petitioner in their desire for signage that does not comply with the ordinance. There are no hardships or practical difficulties associated with the property that would necessitate such relief. Analysis: There are no practical difficulties or unique characteristics that warrant the request for the variances. Allowing a sign that projects 24" above the canopy vs. the 12" allowed by code would be contrary to the intent of the Ordinance, especially since gas stations constructed since the 2020 change in the Zoning Ordinance have been compliant. Other Amoco stations have and/or will be installing freestanding canopies that do not have the associated red and blue lightbar. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board deny both variances as presented. Analysis & Recommendation Criteria for Decision Making: Variance(s) SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report – BZA#0250-24 March 4, 2024 Property Information Location: 2401 WESTERN AVE Owner: PANADERIA Y SUPERMERCADO SAN MIGUEL INC Project Summary Construction of a supermarket at the northwest corner of Olive and Western. Requested Action Variance(s): 1) from the maximum building length for a shop building type of 150' to 185' Site Location Staff Recommendation Based on the information available prior to the public hearing, the Staff recommends the variance be granted as presented. Staff Report – BZA#0250-24 March 4, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0250-24 March 4, 2024 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 should not be injurious to the general welfare of the community. The length of the building will allow of a full grocery store and multiple tenant spaces on a narrow lot. (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 variance will allow for the construction of a full grocery store and multiple tenant spaces at Western Avenue and Olive Street. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The length of the building exceeds the maximum 150' length of a shop to allow for a fully sized grocery store and additional tenant space at Western Avenue and Olive Street on a narrow lot. The strict application of the terms of this Chapter would result in practical difficulties in the use of the property for the proposed commercial spaces. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. The length of the building directly abutting Olive Street is 160', only 10' longer than the permitted shop length while still allowing for a full grocery store and tenant spaces. (5) The variance does not correct a hardship cause by a former or current owner of the property The hardship exists in the dimensions of the property, making it impractical to build a full grocery store and tenant spaces without exceeding the maximum building length. Analysis: Granting a variance would allow the length of the building to exceed the maximum 150' length of a shop along Olive Street, thereby facilitating a full-sized grocery store and additional tenant space on a narrow lot. While the full length of the building is 185', the portion directly abutting Olive Street is 160', which reduces the perceived length of the building along that frontage. Staff Recommendation: Based on the information available prior to the public hearing, the Staff recommends the variance 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#0251-24 March 4, 2024 Property Information Location: 737 BEALE ST Owner: SOUTH BEND COMMUNITY SCHOOL CORP Project Summary South Bend Community Schools is demolishing the southwest portion of the existing building and renovating the interior to convert the former school into the corporation's new administration offices. Requested Action Variance(s): 1) use variance to allow professional offices Site Location Staff Recommendation Based on the information provided prior to public hearing, the Staff recommends the Board send the Use Variance as presented to the Common Council with a favorable recommendation subject to limiting the office space to 160,000 square feet. Staff Report – BZA#0251-24 March 4, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0251-24 March 4, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 A Use Variance may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community (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 general welfare of the community. Offices are an appropriate use for the building and should have a lower impact on the surrounding neighborhood than the previous school. (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 adversely affect surrounding properties. The use of the building for an office space is appropriate. The footprint of the building will decrease and its impact on the surrounding neighborhood should also decrease. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; An office space will be consistent with the character of the district and the neighborhood. The building is currently used as a learning center, and an office space should similarly interact with the surrounding residential neighborhood in a low impact manner. (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 LU 2: Encourage a compatible mix of land uses in the community. Analysis: Offices are an appropriate use for the building located on this property, and should have a lower impact on the surrounding residential neighborhood than the existing learning center. A Use Variance is more apropriate than upzoning to UF Urban Neighborhood Flex to allow Professional Offices, as the upzoning would also allow for more intense uses and development on the parcel that are not compatible with the surrounding neighborhood. Staff Recommendation: Based on the information provided prior to public hearing, the Staff recommends the Board send the Use Variance as presented to the Common Council with a favorable recommendation subject to limiting the office space to 160,000 square feet. Analysis & Recommendation Criteria for Decision Making: Use Variance(s)