HomeMy WebLinkAbout03.04.2024 MinutesSOUTH BEND BOARD OF ZONING APPEALS
MINUTES
Monday, March 4, 2024 4th Floor, Council Chambers
4:00 p.m.
MEMBERS PRESENT:
Mark Burrell
Frank Fotia (virtual)
Kaine Kanczuzewski
Kathy S chuth
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 PAPPU PROPERTY LLC INC seeking the following variance(s): 1)
to allow a gas station canopy to have a non -neutral appearance; and 2) to allow a
freestanding canopy sign to project more than 12" above the canopy, property
located at 1401 BENDIX DR. Zoned C Commercial. (Audio Position: 02:53)
STAFF REPORT
The staff report was presented by Kari Myers.
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.
PETITIONER
Doug Merrit, U.S. Signcrafters, 216 Lincolnway E, Osceola, IN appeared in person
on behalf of the petitioner to present.
Gurpreet Singh, 1401 N Bendix 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.
ACTION
After careful consideration, the following action was taken:
Upon a motion by Kathy Schuth, being seconded by Caitlin Stevens and
unanimously carried, a petition by PAPPU PROPERTY LLC INC seeking the
1 1 P a g e
City of South Bend BOARD OF ZONING APPEALS
following variances: 1) to allow a gas station canopy to have a non -neutral
appearance; and 2) to allow a freestanding canopy sign to project more than 12"
above the canopy was denied as presented, and will issue written Findings of
Fact.
Caitlin Stevens - Yes
Frank Fotia - Yes
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth - Yes
2. The petition of PANADERIA Y SUPERMERCADO SAN MIGUEL INC seeking the
following variance(s): 1) from the maximum building length for a shop building type
of 150' to 1851, property located at 2401 WESTERN AVE. Zoned NC Neighborhood
Center. (Audio Position: 14: 06)
STAFF REPORT
The staff report was presented by Amani Morrell.
Analysis: The length of the building exceeds the maximum 150' length of a shop to
allow for a fully sized grocery store and additional retail space along Western
Avenue on a narrow lot. While the full length of the building is 185', the portion
directly abutting Western Avenue 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.
PETITIONER
Steve Ruby, Abonmarche Consulting, 315 W Jefferson Blvd, South Bend, IN
appeared in person on behalf of the petitioner to present.
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 Kaine Kanczuzewski, being seconded by Kathy Schuth and
unanimously carried, a petition by PANADERIA Y SUPERMERCADO SAN
MIGUEL INC seeking the following variances: 1) from the maximum building
length for a shop building type of 150' to 185' was approved as presented, and will
issue written Findings of Fact.
Caitlin Stevens - Yes
Frank Fotia - Yes
2 1 P a g e IVlarch 4, 2024
City of South Bend BOARD OF ZONING APPEALS
Kaine Kanczuzewski -Yes
Mark Burrell -Yes
Kathy Schuth - Yes
3. The petition of SOUTH BEND COMMUNITY SCHOOL CORP seeking the
following use variance: to allow professional offices, property located at 737 BEALE
ST. Zoned S1 Suburban Neighborhood 1. (Audio Position: 22:38)
STAFF REPORT
The staff report was presented by Amani Morrell.
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.
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.
PETITIONER
Michael Bultinck, Lehman and Lehman, 510 Lincolnway E, Suite C, Mishawaka, IN
appeared in person on behalf of the petitioner to present.
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
There was no one from the public to speak.
A CTTON
After careful consideration, the following action was taken:
Upon a motion by Kathy Schuth, being seconded by Caitlin Stevens and
unanimously carried, a petition by SOUTH BEND COMMUNITY SCHOOL
CORP seeking a Use Variance for professional offices for property located at 737
BEALE ST, City of South Bend, is sent to the Common Council with a favorable
recommendation, subject to limiting the office space to 160,000 square feet, 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 — February 3, 2024 (Audio Position: 29: 03)
3 1 P a g e March 4, 2024
City of South Bend BOARD OF ZONING APPEALS
Upon a motion by Caitlin Stevens, being seconded by Kathy Schuth and
unanimously carried, the findings of fact from the February 3, 2024 Board of
Zoning Appeals meeting were approved.
2. Minutes — February 3, 2024 (Audio Position: 29:27)
Upon a motion by Caitlin Stevens, being seconded by Kathy Schuth and
unanimously carried, the minutes from the February 3, 2024 Board of Zoning
Appeals meeting were approved.
3. Other Business
4. Adjournment — 4:31 PM
RESPECTFULLY SUBMITTED,
0BUR.-EL ,
Chair
ATTEST:
TIM CORCORAN,
Interim Secretary of the Board
4 1 P a g e March 4, 2024