HomeMy WebLinkAbout08.05.24 BZA Agenda Packet
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City of South Bend
BOARD OF ZONING APPEALS
AGENDA
Monday, August 5, 2024 - 4:00 p.m.
County-City Building
Fourth-Floor Council Chambers
www.tinyurl.com/sbbza
PUBLIC HEARING:
1.Location: 442 LIBERTY ST BZA#0274-24
Owner: JOSE A CORIA
Requested Action:
Variance(s):
1) From the minimum side-yard setback of 5' to 0'
Zoning: U1 Urban Neighborhood 1
2.Location: 411 CATERINA ST and 312 CATERINA ST BZA#0275-24
Owner: YOUTH SERVICE BUREAU OF ST JOSEPH COUNTY INC
Requested Action:
Variance(s):
1) from monument base materials from masonry to steel
2) from the requirement of 4 sqft of incidental sign to 15 sqft.
3) to allow a multi-tenant monument sign in UF Urban Flex zoning district
Zoning: UF Urban Neighborhood Flex
3.Location: 2509 FORD ST and 2505 FORD ST BZA#0276-24
Owner: SMITH RAY D & CLARA A
Requested Action:
Variance(s):
1) allow two (2) accessory structures on one lot
Zoning: U1 Urban Neighborhood 1
4.Location: 501 SOUTH ST BZA#0278-24
Owner: SOUTH BEND REDEVELOPMENT AUTHORITY
Requested Action:
Variance(s):
1) From the required upper floor transparency of 15% to 10%
2) To allow split faced concrete masonry units as a building material
Zoning: DT Downtown
City of South Bend BOARD OF ZONING APPEALS
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5.Location: 1811 CHURCHILL DR BZA#0279-24
Owner: MICHAEL WICKS AND LAURIMAR GARCIA
Requested Action:
Variance(s):
1) From the maximum height of a privacy fence of 6' to 8' along the eastern property line
Zoning: S1 Suburban Neighborhood 1
6.Location: 1326 DONALD ST BZA#0281-24
Owner: DARIUS J LIPSEY AND NATALIE LIPSEY
Requested Action:
Variance(s):
1) Solid fence with 0' corner yard setback
Zoning: U1 Urban Neighborhood 1
7.Location: 802 EWING AVE and 801 ALTGELD ST BZA#0280-24
Owner: VERDUGO OTONIEL
Requested Action:
Special Exception: A Neighborhood Assembly (community center) in a U1 Urban Neighborhood 1
district.
Zoning: U1 Urban Neighborhood 1
ITEMS NOT REQUIRING A PUBLIC HEARING:
1.Findings of Fact – July 8, 2024
2.Minutes – July 8, 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#0274-24 August 5, 2024
Property Information
Location: 442 LIBERTY ST
Owner: JOSE A CORIA
Project Summary
An addition of an enclosed porch to the back of the home, in line with the existing house.
Requested Action
Variance(s):
1) From the minimum side-yard setback of 5' to 0'
Site Location
Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board deny the variance as presented.
Staff Report – BZA#0274-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0274-24 August 5, 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 may be injurious to the general welfare of the community.
Minimum setbacks are established to the smallest distance necessary to protect the
health, safety, and general welfare of the community. While the existing house was built
within the minimum side setback, house additions should meet the minimum 5' side yard
setback.
(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 property may be adversely affected if the variance is
granted. A smaller setback could lead to difficulties in maintaining both 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 terms of this Chapter would not result in practical difficulties in
the use of the property. The house is located on an 80' wide double lot and an addition
could be built that conforms to the setbacks established in the Ordinance.
(4)The variance granted is the minimum necessary
Since there is no practical difficulty to overcome, the variance requested is not the
minimum necessary. An addition could be built that falls within the setbacks permitted by
the Ordinance.
(5)The variance does not correct a hardship cause by a former or current owner of
the property
There is no hardship of the property to overcome. An addition could built that conforms to
the setbacks established in the Ordinance.
Analysis: There are no practical difficulties or unique characteristics that support the requested
variance. While the existing house was built within the minimum side setback, house additions
should meet the minimum 5' side yard setback.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board deny the variance as presented.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 6
Staff Report – BZA#0275-24 August 5, 2024
Property Information
Location: 411 CATERINA ST and 312 CATERINA ST
Owner: YOUTH SERVICE BUREAU OF ST JOSEPH COUNTY INC
Project Summary
Sign Variance from requirement that monument sign base be masonry; variance from size
requirement of incidental sign from 4 sqft to 15 sqft; and variance to allow a multi-tenant monument
sign in UF Urban Flex zoning district.
Requested Action
Variance(s):
1) from monument base materials from masonry to steel.
2) from the requirement of 4 sqft of incidental sign to 15 sqft.
3) to allow a multi-tenant monument sign in UF Urban Flex zoning district
Site Location
Staff Recommendation Based on the information provided prior to the public hearing, the Staff recommends variances 1) and 2) be granted as presented, and variance 3) for a multi-tenant sign in UF zoning district be granted subject to a Written Commitment of no additional freestanding signs for parcels fronting McKinley Avenue and the sign being limited to 15' in height and 100 square feet in area.
Staff Report – BZA#0275-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 6
Proposed Site Plan
Staff Report – BZA#0275-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 6
Proposed Site Plan
Staff Report – BZA#0275-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 6
Proposed Site Plan
Staff Report – BZA#0275-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 5 of 6
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 will not be injurious to the public health, safety, morals and
general welfare of the community. The variance from the requirement that the base of the
monument sign be constructed of masonry or a material that matches the primary building
facade will allow for a higher quality design of sign in that the entire sign is to be constructed
of steel. The overall height of the sign (6') and copy area (32 sqft) conform to the sign
requirements for a freestanding sign in the UF zoning district. The oversized incidental
signs will provide clear guidance to persons needing to access the various services offered
by Youth Services Bureau. A multi-tenant sign on McKinley Avenue will provide
identification to properties located along Caterina that may not be visible from McKinley
Avenue.
(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 will not be
affected in a substantially adverse manner because the main Youth Services Bureau sign
and the incidental signs are located interior to the larger development site and primarily
serve those uses. The incidental signs will identify the various services provided and their
primary entrance location into the main building. The multi-tenant sign proposed on
McKinley Avenue will identify South Bend Self Storage facility, Youth Services Bureau, and
future commercial entities located along Caterina Street and the two parcels directly fronting
McKinley Avenue.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Youth Services Bureau has a "Drop In Center", "Porch Light Residence", and "Safe Station
Emergency Drop Off," all with separate entrances. Limiting the size of the incidental signs
to 4 sqft may cause confusion in locating the needed services. The multi-tenant monument
sign on McKinley Avenue will provide direction along a wider, faster street, in a manner
consistent with the surrounding properties.
(4) The variance granted is the minimum necessary
The variances granted are the minimum necessary as the main Youth Services Bureau sign,
with the exception of the steel base, conforms to the sign requirements of the ZoningOrdinance for a freestanding sign in the UF zoning district. Two of the incidental signs will
be visible mainly from the parking lots of the Youth Services Bureau with only one located
along the Caterina Street frontage, close to the building. The proposed multi-tenant
monument sign on McKinley Avenue will reduce the number of freestanding signs located
along McKinley Avenue, while the associated Written Commitment will limit the size of the
sign. The
Criteria for Decision Making: Variance(s)
Staff Report – BZA#0275-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 6 of 6
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The variances do not correct a hardship caused by the current owner of the property. The
overall site is proposed to be developed with multiple uses ranging from youth services, self
storage, residential, and commercial located along McKinley Avenue. The variances will
provide a signage plan that is consistent with the sign regulations of the Zoning Ordinance.
The multi-tenant sign on McKinley Avenue will provide direction along a wider, faster street,
in a manner consistent with the surround properties.
Analysis: The request for the multiple variances for signage within the development is minimal
and will provide for a higher quality of sign design and better wayfinding for persons seeking
services at any of the businesses located on McKinley Avenue and Caterina Street.
Staff Recommendation: Based on the information provided prior to the public hearing, the
Staff recommends variances 1) and 2) be granted as presented, and variance 3) be granted
subject to a Written Commitment of no additional freestanding signs on McKinley Avenue
parcels and the sign being limited to 15' in height and 100 square feet in area.
Analysis & Recommendation
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0276-24 August 5, 2024
Property Information
Location: 2509 FORD ST and 2505 FORD ST
Owner: SMITH RAY D & CLARA A
Project Summary
Allow two (2) accessory structures on one lot.
Requested Action
Variance(s):
1) allow two (2) accessory structures on one lot
Site Location
Staff Recommendation Based on the information available prior to the public hearing, Staff recommends the variance be granted as presented.
Staff Report – BZA#0276-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0276-24 August 5, 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 general welfare of the
community. The variance will allow for the continued existence of a functional garage at
2509 Ford Street after the primary structure on the site is demolished. The existing garage
will be considered a second accessory structure for the house located at 2505 Ford Street,
since the two properties are under common ownership.
(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 continued existence of a
garage that matches the character of the area.
(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 require that a functional garage be removed
when the primary structure on 2509 Ford Street is demolished.
(4)The variance granted is the minimum necessary
The variance granted is the minimum necessary. The variance would allow for the continued
existence of a functional garage when the primary structure on the site is demolished.
(5)The variance does not correct a hardship cause by a former or current owner of
the property
The garage is currently legal, but will lose its legal status with the demolition of the primary
building on the property. The variance will maintain the legal status of the existing garage.
Analysis: The variance will allow for the continued existence of a functional garage at 2509
Ford Street after the primary structure on the site is demolished. The existing garage will be
considered a second accessory structure for the house located at 2505 Ford Street, since the
two properties are under common ownership.
Staff Recommendation: Based on the information available prior to the public hearing, 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 6
Staff Report – BZA#0278-24 August 5, 2024
Property Information
Location: 501 SOUTH ST
Owner: SOUTH BEND REDEVELOPMENT AUTHORITY
Project Summary
The City of South Bend is adding on to and updating the existing Four Winds Field baseball stadium
facility. This includes a second level of seating, outfield improvements and stadium improvements
including a new left field events building and entrances with building materials to match existing.
Requested Action
Variance(s):
1) From the required upper floor transparency of 15% to 10%
2) To allow split faced concrete masonry units as a building material
Site Location
Staff Recommendation Based on the information available prior to the public hearing, Staff recommends the Board approve the variances as presented.
Staff Report – BZA#0278-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 6
Proposed Site Plan
Staff Report – BZA#0278-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 6
Proposed Site Plan
Staff Report – BZA#0278-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 6
Proposed Site Plan
Staff Report – BZA#0278-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 5 of 6
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 would allow the Four Winds Field stadium to expand in a way
that will be beneficial to downtown and the community at large. As a largely internal facing
structure, a reduction in transparency should not be injurious to the general welfare of the
community. The variance for building material will allow the second level of seating to match
the existing material of the building for a consistent facade.
(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 affected in an adverse manner.
The variances will allow for an expansion of the stadium that matches the existing character
and design of the building.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
A baseball stadium is a unique type of building to which the DT Downtown zoning
classification does not speak well. Requiring the baseball stadium to meet the same
transparency standards as a storefront or stacked flat building type would not be sensible.
The variance in building material would allow the stadium expansion to match the existing
material, making for a higher quality and aesthetically consistent addition.
(4) The variance granted is the minimum necessary
The variance granted is the minimum necessary. The reduction in transparency from 15% to
10% on the upper floor and the variance for building material allow for an addition that is
consistent with the existing design of the building and expands the stadium for the benefit of
the community.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
A baseball stadium is a unique type of building that the zoning ordinance does not address
well. The variances allow for an addition to the stadium that matches the existing character
and design of the building.
Criteria for Decision Making: Variance(s)
Staff Report – BZA#0278-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 6 of 6
Analysis: A baseball stadium in a DT Downtown zoned district requires special consideration,
as it differs substantially from the retail and high density residential spaces that typically fall
under DT zoning. Variances in upper floor transparency and building material will allow the
stadium addition to match the existing design and will allow an expansion of Four Winds Field
that will benefit downtown and the community at large.
Staff Recommendation: Based on the information available prior to the public hearing, Staff
recommends the Board approve the variances as presented.
Analysis & Recommendation
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0279-24 August 5, 2024
Property Information
Location: 1811 CHURCHILL DR
Owner: MICHAEL WICKS AND LAURIMAR GARCIA
Project Summary
The applicant would like to build an 8' fence to conserve privacy from view, camera, and floodlight.
Requested Action
Variance(s):
1) From the maximum height of a privacy fence of 6' to 8' along the eastern property line
Site Location
Staff Recommendation Based on the information provided prior to the public hearing, the Staff recommends the Board deny the variance as requested.
Staff Report – BZA#0279-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0279-24 August 5, 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 fence that exceeds the maximum height by 2' could be injurious to the general
welfare of the community because it will be out of character with the surrounding area and
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
The use and value of the area adjacent to the property may be affected in an adverse
manner if the variance was granted. Approving a fence that is 8' tall would be out of
character with the area and not meet the intent of the ordinance.
(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 result in practical difficulties in the use of
the property. While there is some grade change between the adjacent properties, a 6' code
compliant fence can provide security and privacy of the property. Alternative screening
approaches, such as landscaping, could provide additional privacy for the property in
compliance with the ordinance.
(4)The variance granted is the minimum necessary
The variance requested is not the minimum necessary. The petitioner could install the fence
in compliance with the ordinance to provide security and privacy for the property.
(5)The variance does not correct a hardship cause by a former or current owner of
the property
While there is some grade change between the abutting properties, the petitioner could
install the fence that maintains the security and privacy of the property in compliance with
the ordinance.
Analysis: Allowing a fence that exceeds the maximum allotted height by 2' will be out of
character with the surrounding area and not meet the intent of the ordinance. While there is
some grade change between the abutting properties, the petitioner could install the fence in
compliance with the ordinance that maintains security and privacy of the property.
Staff Recommendation: Based on the information provided prior to the public hearing, the
Staff recommends the Board deny the variance as requested.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0281-24 August 5, 2024
Property Information
Location: 1326 DONALD ST
Owner: DARIUS J LIPSEY AND NATALIE LIPSEY
Project Summary
Wanting to replace damaged fence in current spot.
Requested Action
Variance(s):
1) Solid fence with 0' corner yard setback
Site Location
Staff Recommendation Based on the information provided prior to the public hearing, the Staff recommends the Board deny the variance as requested.
Staff Report – BZA#0281-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0281-24 August 5, 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 6' solid fence in an established corner yard could be injurious to the general
welfare of community because it would be out of character with the area and 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
The use and value of the area adjacent to the property could be affected in an adverse
manner if the variance was granted. Approving a fence that is located in a corner yard would
be out of character for the area and contrary to the intent of the ordinance. A 6’ fence
directly abutting the sidewalk would adversely impact the pedestrian experience of the area
adjacent to the property.
(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 would not result in practical difficulties in
the use of the property. The property could still be secured with a 3' solid fence or 4' 50%
open fence at the property line. Alternatively, a 6' solid fence could run parallel with the
eastern side of the house extending from the intersection of the corner and rear walls.
(4)The variance granted is the minimum necessary
Since there is no practical difficulty to overcome, the variance requested is not the minimum
necessary. The petitioner could install a 3' solid fence or a 4' fence, 50% open at the
property line or a 6' solid fence in the established rear yard.
(5)The variance does not correct a hardship cause by a former or current owner of
the property
There is no hardship on the property. The lot is a typical corner lot with no unique features
differentiating it from other corner lots. A code compliant fence could provide the security
and privacy desired by the applicant.
Analysis: There are no practical difficulties for the petitioner which would necessitate a 6' fence
in this location. The proposed fence is not consistent with the intent of the ordinance and there
is nothing preventing the fence from being installed in conformance with the Zoning Ordinance.
Staff Recommendation: Based on the information provided prior to the public hearing, the
Staff recommends the Board deny the variance as requested.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0280-24 August 5, 2024
Property Information
Location: 802 EWING AVE and 801 ALTGELD ST
Owner: VERDUGO OTONIEL
Project Summary
Special Exception to allow a community based center to support work of the LGBTQ Center
Requested Action
Special Exception: A Neighborhood Assembly (community center) in a U1 Urban Neighborhood 1
district
Site Location
Staff Recommendation Based on information available prior to the public hearing, the Staff recommends the Plan Commission send the Special Exception to the Common Council with a favorable recommendation.
Staff Report – BZA#0280-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0280-24 August 5, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
A Special Exception may only be granted upon making a written determination, based upon
the evidence presented at a public hearing, that:
(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 public health, safety, comfort, moral
standards, convenience or general welfare. The proposed community center is expected to
operate at a similar level of use intensity as a church, the historical use of the property.
(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 injure or adversely affect the use of the adjacent area or
property values therein as the building has historically been a church and will provide a level
of activity similar to that of a church or other religious institutions.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
The proposed use as neighborhood assembly (neighborhood center) is consistent with the
character of the district as it will provide a level of activity similar to that of a church or other
assembly uses. The neighborhood assembly/community center use will offer services such
as after school programming, support groups, and social activities such as yoga classes,
and adult board game club.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The proposed use is generally consistent with the City Plan (2006), Objective PF1.2:
Maintain and enhance essential community assets. The proposed use will provide social
and community-based services that will benefit the neighborhood.
Analysis: The building was designed as and has historically been utilized as a church. The
proposed use as a neighborhood/community center will not be out of character for the
neighborhood.
Staff Recommendation: Based on information available prior to the public hearing, the Staff
recommends the Plan Commission send the Special Exception to the Common Council with a
favorable recommendation.
Analysis & Recommendation
Criteria for Decision Making: Special Exception