HomeMy WebLinkAbout02.05.2024 MinutesSOUTH BEND BOARD OF ZONING APPEALS
MINUTES
Monday, February 5, 2024 4th Floor, Council Chambers
4:00 p.m.
MEMBERS PRESENT:
Mark Burrell
Frank Fotia
Kaine Kanczuzewski
Kathy Schuth
Caitlin Stevens
PUBLIC HEARINGS:
County -City Building, South Bend, IN
ALSO PRESENT:
Michael Divita
Kari Myers
Amani Morrell
Kate Bolze
Jenna Throw
1. The petition of BETTIE JO WILLIAMS seeking the following variance(s): 1) from
a maximum 4' fence height in a front/corner yard for a fence that is greater than
50% open to 61, property located at 2301 LINCOLNWAY. Zoned NC Neighborhood
Center.
STAFF REPORT
(Audio Position: 03:10)
The staff report was presented by Amani Morrell.
Analysis: At a child care center, state law requires that "the outdoor play area shall be
safely enclosed, fenced, or protected from traffic by other natural barriers." The
child care center is currently surrounded by a 6' chain link fence, a fence type t
Staff Recommendation: Based on the information available prior to the public
hearing, the Staff recommends the variance be granted as presented.
PETITIONER
Bettie Williams, 17042 Springwood Dr, Granger, IN appeared in person to present.
INTERESTED PARTIES
There was no one from the public to speak.
One letter of support was received from an interested party.
PUBLIC COMMENT
There was no one from the public to speak.
ACTION
After careful consideration, the following action was taken:
Upon a motion by Kaine Kanczuzewski, being seconded by Caitlin Stevens and
unanimously carried, a petition by BETTIE JO WILLIAMS seeking the following
variances: 1) from a maximum 4' fence height in a front/corner yard for a fence
that is greater than 50% open to 6' 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 - Yes
Frank Fotia - Yes
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth - Yes
2. 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: 10:36)
ACTION
After careful consideration, the following action was taken:
Upon a motion by Frank Fotia, being seconded by Caitlin Stevens 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City of South Bend is withdrawn.
Caitlin Stevens - Yes
Frank Fotia - Yes
Kaine Kanczuzewski - Yes
Mark Burrell - Yes
Kathy Schuth - Yes
3. The petition of NORTHWOOD INVESTMENTS LLC seeking a Special Exception
to allow two -unit dwelling, property located at 609 LAPORTE AVE. Zoned U1
Urban Neighborhood 1. (Audio Position: 11:39)
STAFF REPORT
The staff report was presented by Kari Myers.
Analysis: The proposed use will provide more housing options for residents. The
legalization of this property as a duplex will further complement the existing
housing stock in the surrounding area and be visually indistinguishable from
nearby one unit dwe
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, as presented.
PETITIONER
Tim Widerquist, 1929 Dorwood Dr, South Bend, IN appeared in person to present.
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
There was no one from the public to speak.
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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 Kaine Kanczuzewski and
unanimously carried, a petition by NORTHWOOD INVESTMENTS LLC
seeking a Special Exception for two -unit dwelling for property located at 609
LAPORTE AVE, City of South Bend, is sent to the Common Council with a
favorable recommendation, subject to the following written commitments: owner
will maintain the real estate and structures thereon in compliance with the South
Bend Municipal Code, and specifically the Property Maintenance Code, and all
existing pertinent codes. All persons performing work on the real estate and
structures thereon must be registered and licensed as required by law, and the
Owner will be responsible for ensuring that such persons obtain all permits
required by law before performing such work. Interior and exterior inspections at
the real estate and the structures thereon, as authorized by any applicable law or
City of South Bend Municipal Code, are consented to at the full extent of Owner's
authority (and as the Owner may delegate to an agent or property manager) and
allowed at any reasonable time. Such inspections may occur at the City of South
Bend's discretion to determine compliance with, and for the purpose of carrying
out enforcement of, the applicable City of South Bend Municipal Code or any
existing pertinent codes, and will issue written Findings of Fact.
Caitlin Stevens - Yes
Frank Fotia - Yes
Kaine Kanczuzewski - Yes
Mark Burrell - Yes
Kathy Schuth - Yes
4. The petition of WILLIAM C HAZEL JR seeking a Special Exception to allow two
unit dwelling, property located at 828 BENDIX DR. Zoned U1 Urban Neighborhood
1.
STAFF REPORT
(Audio Position: 21: 46)
The staff report was presented by Kari Myers.
Analysis: The legalization of this property as a duplex will further complement the
existing housing stock in the surrounding area. The duplex will provide more
housing options for residents.
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, as presented.
PETITIONER
Bill Hazel, 1376 Berkshire Dr, South Bend, IN appeared in person to present.
3 1 P a g e February 5, 2024
City of South Bend BOARD OF ZONING APPEALS
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 Caitlin Stevens, being seconded by Frank Fotia and
unanimously carried, a petition by WILLIAM C HAZEL JR seeking a Special
Exception for two unit dwelling for property located at 828 BENDIX DR, City of
South Bend, is sent to the Common Council with a favorable recommendation,
subject to the following written commitments: owner will maintain the real estate
and structures thereon in compliance with the South Bend Municipal Code, and
specifically the Property Maintenance Code, and all existing pertinent codes. All
persons performing work on the real estate and structures thereon must be
registered and licensed as required by law, and the Owner will be responsible for
ensuring that such persons obtain all permits required by law before performing
such work. Interior and exterior inspections at the real estate and the structures
thereon, as authorized by any applicable law or City of South Bend Municipal
Code, are consented to at the full extent of Owner's authority (and as the Owner
may delegate to an agent or property manager) and allowed at any reasonable
time. Such inspections may occur at the City of South Bend's discretion to
determine compliance with, and for the purpose of carrying out enforcement of,
the applicable City of South Bend Municipal Code or any existing pertinent
codes, and will issue written Findings of Fact.
Caitlin Stevens - Yes
Frank Fotia - Yes
Kaine Kanczuzewski - Yes
Mark Burrell - Yes
Kathy Schuth - Yes
ITEMS NOT REQUIRING A PUBLIC HEARING
1. Findings of Fact - January 2, 2024
(Audio Position: 27: 08)
Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously
carried, the findings of fact from the January 2, 2024 Board of Zoning Appeals
meeting were approved.
2. Minutes - January 2, 2024
(Audio Position: 27: 33)
Upon a motion by Kathy Schuth, being seconded by Frank Fotia and unanimously
carried, the minutes from the January 2, 2024 Board of Zoning Appeals meeting
were approved.
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City of South Bend BOARD OF ZONING APPEALS
3. Other Business — None
4. Adjournment — 4:28 P.M.
RESPECTFULLY SUBMITTED,
ark urr
Chair
ATTEST:
Tim Corcoran,
Interim Secretary of the Board
5 1 P a g e February 5, 2024