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HomeMy WebLinkAbout05.06.24 BZA Agenda Packet 1 | Page City of South Bend BOARD OF ZONING APPEALS AGENDA Monday, May 6, 2024 - 4:00 p.m. County-City Building Seventh-Floor – County Commissioner’s Conference Room www.tinyurl.com/sbbza PUBLIC HEARING: 1.Location:Vacant Lot at Southwest Corner of Dubail Ave and Phillipa St BZA#0257-24 Owner:NEW LIFE FELLOWSHIP MINISTRY OF SOUTH BEND Requested Action: Variance(s): 1)to allow an accessory use and structure without a primary building Zoning: U1 Urban Neighborhood 1 2.Location: 4143 SPRING HILL CT BZA#0258-24 Owner: KATHLEEN M DELNAY Requested Action: Variance(s): 1)from the minimum rear yard setback of 25' to 18' for a deck above 30” Zoning: S1 Suburban Neighborhood 1 3.Location: 1403 PRAIRIE AVE BZA#0259-24 Owner: CULTIVATE CULINARY SCHOOL AND CATERING INC Requested Action: Variance(s): 1)from the minimum side yard setback of 10' to 6.5' for a solar energy system; 2)from the maximum 1 accessory structure to 2 solar energy systems as accessory structures; 3)to allow solar energy systems as accessory structures in the front yard; 4)from the maximum height for a ground mounted solar energy system of 12' to 16' Zoning: I Industrial 4.Location: 1345 MICHIGAN ST BZA#0261-24 Owner: SHERMAN PARTNERS SB, LLC Requested Action: Variance(s): 1)from the maximum stories for a Detached House building type of 2.5 to 3; 2)to allow an accessory structure in the corner yard; 3)to allow a 12’ fence/wall in the corner yard Zoning: UF Urban Neighborhood Flex City of South Bend BOARD OF ZONING APPEALS 2 | Page 5.Location:1421 WALNUT ST BZA#0262-24 Owner:SOUTH BEND YOUTH HOCKEY INC & A&F REALTY Requested Action: Variance(s): 1)from the requirement that a parking area be hard surfaced to gravel surfaced Zoning: I Industrial 6.Location: 520 S LAFAYETTE BLVD BZA#0264-24 Owner: REALAMERICA DEVELOPMENT, LP Requested Action: Variance(s): 1)from the maximum length of a Stacked Flat building type in a DT district of 200' to 234' Zoning: DT Downtown ITEMS NOT REQUIRING A PUBLIC HEARING: 1.Findings of Fact April 1, 2024 2.Minutes April 1, 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#0257-24 May 6, 2024 Property Information Location: Vacant Lot at Southwest Corner of Dubail Ave and Phillipa St Owner: NEW LIFE FELLOWSHIP MINISTRY OF SOUTH BEND Project Summary A fence to enclose the playground for Extended Love Child Care's Afterschool Program. Requested Action Variance(s): 1) to allow an accessory use and structure without a primary building Site Location Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board approve the variance to allow a 6' chain link fence around the playground area subject to the fence being an accessory use to the adjacent child care facility. Staff Report – BZA#0257-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0257-24 May 6, 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 of the fence should not be injurious to the public health, safety or general welfare of the community. The fence is more than 50% open and unique to the after-school child care setting. (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 adjacent properties should not be adversely affected. In addition to the child-care facility to the west across the alley, the petitioner also owns the church and parking lot north across Dubail Avenue. Approving the variance will allow for the children to have a secure playground area at this location which should have a positive impact on the surrounding area. (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 permit any accessory structures on this lot because the primary building is located across the alley that separates the child care center from the lot. (4)The variance granted is the minimum necessary A fence that meets the minimum openness would be the minimum necessary to provide security for children using the playground associated with the child care facility. (5)The variance does not correct a hardship cause by a former or current owner of the property The variance would not correct a hardship caused by a former or current owner of the property. The property has been a vacant, unused lot and the fence around the proposed playground will provide a transition of uses between the residential uses to the east and industrial uses to the west of the facility. Analysis: While staff does not typically support a fence on a lot without a primary structure, the need to provide a secure environment for the future playground on the property not directly connected with the child care facility creates a practical difficulty. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board approve the variance to allow a 6' chain link fence around the playground area subject to the fence being an accessory use to the adjacent child care facility. Analysis & Recommendation Criteria for Decision Making: Variance(s) SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report – BZA#0258-24 May 6, 2024 Property Information Location: 4143 SPRING HILL CT Owner: KATHLEEN M DELNAY Project Summary Replace 14'x14' raised deck in the back yard, same size and shape as existing. Requested Action Variance(s): 1)from the minimum rear yard setback of 25' to 18' for a deck above 30" Site Location Staff Recommendation Based on the information available prior to the public hearing, the Staff recommends the Board approve the variance as requested. Staff Report – BZA#0258-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0258-24 May 6, 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 of the variance should not be injurious to the public health, safety, morals, and general welfare of the community as the deck will only be visible to the two adjacent neighbors. The new deck, built in the same configuration, will not encroach further into the setback meeting the general 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 The use and value of the area adjacent to the property included in the variance should not be affected in a substantially adverse manner as the deck would only impact two adjacent neighbors and is not visible from the street. Also, the property behind the house is heavily wooded and located within the County. (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 may result in practical difficulties in the use of the property as the split level house has a sliding glass door that requires the raised deck for safe ingress/egress. The new deck will be of the same size and in the same location as the existing deck. (4)The variance granted is the minimum necessary The request is the minimum necessary to allow for the replacement of the deck as built. The deck has become unsafe and the replacement will not encroach further into the setback. (5)The variance does not correct a hardship cause by a former or current owner of the property The hardship exists in that the deck provides safe ingress/egress from the split level house and building a deck 30" or less is not practical. Analysis: The petitioner is requesting to replace an existing 14' X 14' deck that encroaches 7' into the rear setback. The Zoning Ordinance permits a deck 30" in height or less to encroach into the setback, however, a 30" deck is not practical in this situation as the deck provides ingress/egress from a sliding glass door on the split-level home. Staff Recommendation: Based on the information available prior to the public hearing, the Staff recommends the Board approve the variance as requested. Analysis & Recommendation Criteria for Decision Making: Variance(s) SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 5 Staff Report – BZA#0259-24 May 6, 2024 Property Information Location: 1403 PRAIRIE AVE Owner: CULTIVATE CULINARY SCHOOL AND CATERING INC Project Summary New installation of roof and ground-mounted solar energy systems above a surface parking lot in the front yard of an I Industrial zoned parcel on Prairie Avenue. Requested Action Variance(s): 1)from the minimum side yard setback of 10' to 6.5' for a solar energy system 2)from the maximum 1 accessory structure to 2 solar energy systems as accessory structures 3)to allow solar energy systems as accessory structures in the front yard 4)from the maximum height for a ground mounted solar energy system of 12' to 16' Site Location Staff Recommendation Based on the information provided prior to the public hearing, Staff recommends the Board approve the variances as presented. Staff Report – BZA#0259-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 5 Proposed Site Plan Staff Report – BZA#0259-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 5 Proposed Site Plan Staff Report – BZA#0259-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 5 Proposed Site Plan Staff Report – BZA#0259-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 5 of 5 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 variances will allow for the construction of solar energy systems above an off street surface parking lot that will enhance the interface between the parcel and the street, reduce heat island effects, produce sustainable energy, and shelter vehicles. (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 solar energy systems located in the front yard of the parcel will reduce heat island effects and provide visual interest and presence along Prairie Avenue beyond the proposed surface parking lot without adverse impacts on 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 ordinance would not allow for the construction of the solar energy systems in the proposed location above the parking lot. (4)The variance granted is the minimum necessary The variances granted are the minimum necessary. Permitting the proposed location and height will allow for appropriate solar energy systems to be installed above the parking lot. (5)The variance does not correct a hardship cause by a former or current owner of the property The variances respond to a request to cover a proposed surface parking lot in the front yard with solar energy systems. While the request requires a variance, the request meets the intent of the zoning ordinance, which does not speak specifically to a project of this nature. Analysis: The variances will allow for the construction of solar energy systems above an off street surface parking lot that will enhance the interface between the parcel and the street, reduce heat island effects, produce sustainable energy, and shelter vehicles. While the proposed solar energy systems require variances, they do meet the intent of the zoning ordinance. Staff Recommendation: Based on the information provided prior to the public hearing, Staff recommends the Board approve the variance as presented. Analysis & Recommendation Criteria for Decision Making: Variance(s) SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report – BZA#0261-24 May 6, 2024 Property Information Location: 1345 MICHIGAN ST Owner: SHERMAN PARTNERS SB, LLC Project Summary 7 residential homes with garages and a common driveway. Requested Action Variance(s): 1) from the maximum stories for a Detached House building type of 2.5 to 3 2) to allow an accessory structure in the corner yard 3) to allow a 12' fence/wall in the corner yard Site Location Staff Recommendation Based on the information provided prior to the public hearing, Staff recommends the Board approve variances #1 and #2 as presented. Staff may support variance #3 if the fence/wall effectively wraps the corner and does not present an expansive blank surface. Staff Report – BZA#0261-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Proposed Site Plan Staff Report – BZA#0261-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 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 variances should not be injurious to the general welfare of the community. While the maximum height of a detached house is 2.5 stories, the proposed 3 story height is contextually appropriate as buildings are permitted up to a height of 4 stories and 55' in the UF zoning district. The accessory dwelling unit in the corner yard addresses Angela Boulevard in the same way a primary building would, with a frontage type and sidewalk connection facing north towards 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 the adjacent properties should not be adversely affected. The variances will allow for a contextually appropriate development that introduces eight new residential units on the corner of Michigan Street and Angela Boulevard. (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property A strict application of the ordinance would not permit the buildings to exceed 2.5 stories because they are detached houses, although another building type in a UF zoned district would be permitted to reach 4 stories and 55' in height. A strict application on the accessory structure in the corner yard would limit the ability of the accessory dwelling unit to address Angela Boulevard like a primary building. (4)The variance granted is the minimum necessary The variances granted are the minimum necessary to allow for a contextually appropriate development that appropriately addresses the street and introduces eight new residential units. (5)The variance does not correct a hardship cause by a former or current owner of the property The requested variances allow for a development that more closely meets the intent of the ordinance, introducing eight new residential units that are contextually appropriate in scale and effectively address the street. Criteria for Decision Making: Variance(s) Staff Report – BZA#0261-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 Analysis: The variances will allow for eight new residential units that are contextually appropriate in scale and effectively address the street. While the maximum height of a detached house is 2.5 stories, the proposed 3 story height is contextually appropriate as buildings are permitted up to a height of 4 stories and 55' in the UF zoning district. The accessory dwelling unit in the corner yard addresses Angela Boulevard in the same way a primary building would, with a frontage type and sidewalk connection facing north towards the street. Staff Recommendation: Based on the information provided prior to the public hearing, Staff recommends the Board approve variances 1 and 2 as presented. Staff may support variance 3 if the fence/wall effectively wraps the corner and does not present an expansive blank surface. Analysis & Recommendation SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report – BZA#0262-24 May 6, 2024 Property Information Location: 1421 WALNUT ST Owner: SOUTH BEND YOUTH HOCKEY INC & A&F REALTY Project Summary The Ice Box Skating Rink is looking to add a 3rd rink to the facility. This includes parking adjustments, including overflow parking in the rear, west of the building. The overflow area is proposed to be gravel parking. Requested Action Variance(s): 1) from the requirement that a parking area be hard surfaced to gravel surfaced Site Location Staff Recommendation Based on the information provided prior to the public hearing, Staff recommends the Board approve the variance as presented. Staff Report – BZA#0262-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Proposed Site Plan Staff Report – BZA#0262-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Proposed Site Plan Staff Report – BZA#0262-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 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. Allowing for an overflow gravel surface parking lot in the proposed location over 500' from the public right of way limits the tracking of gravel onto public streets, and vehicles will not be parked on the lot for extended periods of time. (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 gravel parking will be located in the rear of the parcel which abuts the railroad right of way to the south, vacant Industrial zoned land to the west, and an industrial warehouse to the north. Over 500' from Walnut, the gravel lot will have minimal impact on the public right-of-way. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The gravel lot will allow for greater use of the site with minimal impacts on abutting properties, while a strict application of the ordinance would result in practical difficulties in the use of the property. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. Allowing an overflow parking in the proposed location will increase the use of the site while having minimal impacts on abutting properties or the public right of way. (5) The variance does not correct a hardship cause by a former or current owner of the property Responding to the construction of a new ice rink on the site, the petitioner is proposing the use of an overflow gravel parking lot in the rear of the lot to increase the capacity of the site while meeting the intent of the ordinance. Analysis: The petitioner is proposing an overflow gravel parking lot in the rear of the lot to support additional use of the site while meeting the intent of the ordinance. The parking will be located over 500' from the public right-of-way, limiting the tracking of gravel onto public streets, and vehicles will not be parked on the lot for extended periods of time. Staff Recommendation: Based on the information provided prior to the public hearing, Staff recommends the Board approve the variance as presented. Analysis & Recommendation Criteria for Decision Making: Variance(s) SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report – BZA#0264-24 May 6, 2024 Property Information Location: 520 S LAFAYETTE BLVD Owner: REALAMERICA DEVELOPMENT, LP Project Summary New construction of 60 -unit apartment building to be called Diamond View Apartments. To accommodate an AT&T fiber duct running through the site, building size must be modified. Requested Action Variance(s): 1)from the maximum length of a Stacked Flat building type in a DT district of 200' to 234' 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#0264-24 May 6, 2024 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 Proposed Site Plan Staff Report – BZA#0264-24 May 6, 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 the petitioner to construct the minimum number of units required as part of a LIHTC funded project while accommodating an AT&T fiber duct running through the site. (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 an apartment building with affordable units in downtown South Bend. (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 200' length of a stacked flats building type in a DT zoned parcel to allow for the construction of sufficient affordable apartment units through a LIHTC funded project. The strict application of the terms of this Chapter would result in practical difficulties in the use of the property for the proposed residential spaces. (4)The variance granted is the minimum necessary The variance granted is the minimum necessary. To accommodate for the location of AT&T fiber ducts, units have been shifted from the eastern portion of the building along Main Street to the southern portion of the building along South Street. The building is the minimum length necessary to reach the 60 required units. (5)The variance does not correct a hardship cause by a former or current owner of the property When the east-west alley between Lafayette Boulevard and Main Street was vacated in 1951, AT&T maintained an easement that has allowed for the current location of the fiber ducts. Analysis: As a LIHTC funded project, the apartment complex must provide a minimum of 60 units. The variance for the length of the building will allow for the construction of the 60 affordable apartment units while accommodating for an AT&T fiber duct running through the site. 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)