HomeMy WebLinkAbout09.03.24 BZA Agenda Packet
1 | Page
City of South Bend
BOARD OF ZONING APPEALS
AGENDA
Tuesday, September 3, 2024 - 4:00 p.m.
County-City Building
Fourth-Floor Council Chambers
www.tinyurl.com/sbbza
PUBLIC HEARING:
1.Location: 3201 CALVERT ST BZA#0282-24
Owner: NOBLE AMERICAS SOUTH BEND ETHANOL LLC
Requested Action:
Variance(s):
1)To allow a roof mounted sign on a building in an I Industial zoned parcel
Zoning: I Industrial
2.Location: 4022 EASTMONT DR BZA#0283-24
Owner: MATTHEW OSMER
Requested Action:
Variance(s):
1)To allow a second accessory structure
Zoning: S1 Suburban Neighborhood 1
3.Location: 4444 W WESTERN AVE BZA#0286-24
Owner: SBW INVESTMENT LLC
Requested Action:
Variance(s):
1)From the maximum wall signage area on the north facade of 223.8 sq ft to 339 sq ft and
from the maximum wall signage area on the west facade of 310 sq ft to 339 sq ft
Zoning: C Commercial
4.Location: 111 N LAFAYETTE and 101 N LAFAYETTE BLVD BZA#0287-24
Owner: ST JAMES PROTESTANT EPISCOPAL CHURCH
Requested Action:
Variance(s):
1)From the maximum front facade setback in a DT zoning district of 10' to 16'
Zoning: DT Downtown
City of South Bend BOARD OF ZONING APPEALS
2 | Page
5.Location: 4902 WESTERN AVE BZA#0288-24
Owner: ABYWESTERN INC
Requested Action:
Variance(s):
1) To allow 2.5 waiting spaces for a drive through facility in the front yard
2) To allow 0.5 waiting spaces for a drive through facility in the corner yard
Zoning: C Commercial
6.Location: 1006 BEALE ST BZA#0284-24
Owner: PINNACLE WEALTH INVESTMENTS LLC
Requested Action:
Special Exception: Dwelling, 2 Units
Zoning: U1 Urban Neighborhood 1
7.Location: 623 OLIVE ST BZA#0285-24
Owner: LUIS CASTILLO AND FABIOLA GARCIA
Requested Action:
Special Exception: a Retail and Service, General use
Zoning: UF Urban Neighborhood Flex
ITEMS NOT REQUIRING A PUBLIC HEARING:
1.Findings of Fact – July 1, 2024 and August 5, 20242. Minutes – July 1, 2024 and August 5, 2024
3.Other Business4.Adjournment
NOTICE FOR HEARING AND SIGHT 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 5
Staff Report – BZA#0282-24 September 3, 2024
Property Information
Location: 3201 CALVERT ST
Owner: NOBLE AMERICAS SOUTH BEND ETHANOL LLC
Project Summary
Applicant desires to install (1) set of internally-illuminated channel letters atop their building spelling
the word "Verbio."
Requested Action
Variance(s):
1)To allow a roof mounted sign on a building in an I Industial zoned parcel
Site Location
Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board approve the variance as presented.
Staff Report – BZA#0282-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 5
Proposed Site Plan
Staff Report – BZA#0282-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 5
Proposed Site Plan
Staff Report – BZA#0282-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 5
Proposed Site Plan
Staff Report – BZA#0282-24 September 3, 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 public health, safety, morals and general welfare
of the community as the site is over 58 acres and the roof sign will identify the main office
building.
(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 building on which the sign will be
installed is located approximately 182' from the Calvert Street right-of-way, immediately
adjacent to large industrial properties, and 500' from the nearest residential property.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
The front facade of the building is all glass making it impractical to install the sign on the
glass.
(4) The variance granted is the minimum necessary
The variance granted is the minimum necessary to allow for the installation of a sign on the
building with an all-glass front facade. The sign will be modest in size, approximately 6' in
height and 100 sqft, and conforms to the on-premise sign standards for a roof sign.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The building was built in 1984 and prior to the 2020 Zoning Ordinance allowing roof signs in
in the NC Neighborhood Center and DT Downtown districts.
Analysis: Allowing a roof sign on this property would not be out of character for the general
vicinity as a building can be up to 60' in height in the I Industrial district and the building with the
6' sign will still be well below the maximum allowed building height.
Staff Recommendation: Based on the information provided prior to the public hearing, the 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#0283-24 September 3, 2024
Property Information
Location: 4022 EASTMONT DR
Owner: MATTHEW OSMER
Project Summary
To build a 12’ x 24’ shed in the back yard.
Requested Action
Variance(s):
1)To allow a second accessory structure
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#0283-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0283-24 September 3, 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 proposed variance is out of character with the area, which may impact the general
welfare of the community. A 10’ x 12’ shed, or an addition to the existing garage would be
permitted by right, would be consistent with the intent of the ordinance, and would match the
character of the surrounding area.
(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 proposed variance is out of character for this area, which could have an impact on the
value of surrounding properties. Houses in this neighborhood typically have one small
accessory structure in addition to the attached or detached garage. The property owner
already has a detached garage that is roughly 672 square feet, and would be permitted a
10’ x 12' shed or addition to the existing garage by right.
(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. The existing garage, a smaller shed, or the existing house could be utilized for
additional storage and the 12’ x 24' shed would not be merited.
(4)The variance granted is the minimum necessary
The variance granted is not the minimum necessary. A 10’ x 12' shed or an addition to the
existing garage would increase storage capacity and be allowed by right.
(5)The variance does not correct a hardship cause by a former or current owner of
the property
The variance corrects a hardship caused by the current owner, who is requesting a larger
shed than is permitted by right.
Analysis: A 12x24' shed would be out of character with the neighborhood and would not meet
the intent of the ordinance. A 10x12 shed or an addition to the existing garage would be
permitted by right and increase the storage capacity at the property.
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 4
Staff Report – BZA#0286-24 September 3, 2024
Property Information
Location: 4444 W WESTERN AVE
Owner: SBW INVESTMENT LLC and Site Enhancement Services, C/O Daniel Brown
Project Summary
Installation of wall signs mounted directly on architectural panels. Panel to be painted a different
color than the remaining sections of the building and are therefore being counted as "sign area".
Requested Action
Variance(s):
1)From the maximum wall signage area on the north facade of 223.8 sq ft to 339 sq ft and
from the maximum wall signage area on the west facade of 310 sq ft to 339 sq ft
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#0286-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4
Proposed Site Plan
Staff Report – BZA#0286-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4
Proposed Site Plan
Staff Report – BZA#0286-24 September 3, 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 proposed signage that is not code compliant may not be injurious to the general welfare
of the community, however, it is inconsistent with the intent of the ordinance. The ordinance
measures sign area as any material or color forming the sign face or background used to
differentiate the sign from the structure against which it is placed.
(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 and would be out of character for the area and contrary
to 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
Strict application of the terms of this Chapter would not result in practical difficulties in the
use of the property. The use of the property is not related to the size of the signs. The
allowed sign size of 10% of the facade for a wall sign is generous and is consistent with
other signs in the district. It's highly likely the petitioner could install a larger set of channel
letters on the building and still be within the allowed sign area. The petitioner also has the
option of a freestanding sign 15' in height and 100 sqft at the front property line along
Western Avenue for site identification.
(4)The variance granted is the minimum necessary
The variance requested is not the minimum necessary as there are no practical difficulties to
overcome. The petitioner has options for signage that complies 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 variance. The petitioner has other options to install code compliant signs that do not require
a variance.
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 5
Staff Report – BZA#0287-24 September 3, 2024
Property Information
Location: 111 N LAFAYETTE and 101 N LAFAYETTE BLVD
Owner: ST JAMES PROTESTANT EPISCOPAL CHURCH
Project Summary
The project is an addition to the south facade of the existing multi-level church administration
building. It will provide a functional and ADA compliant vestibule, lobby, and elevator access to the
existing building, providing an accessible pathway to both stories and the basement of the church
complex.
Requested Action
Variance(s):
1)From the maximum front facade setback in a DT zoning district of 10' to 16'
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#0287-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 5
Proposed Site Plan
Staff Report – BZA#0287-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 5
Proposed Site Plan
Staff Report – BZA#0287-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 4 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 variance to increase the setback for a narrow vestibule should not be injurious to the
general welfare of the community. The increased setback allows for the construction of an
accessible entrance lobby and elevator, ensuring safe and equitable access by meeting
modern accessibility standards.
(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 adjacent properties should not be adversely affected by the variance.
The vestibule will center on the courtyard, and the church has long-term plans to develop
the green space with various landscape elements that will define the edge of the property
and activate the streetfront space, meeting 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
A strict application of the ordinance would result in practical difficulties in the use of the
property. The increased setback is required to navigate foundation, structural, and internal
stairway constraints within the existing building while providing a new code-compliant
access.
(4)The variance granted is the minimum necessary
The variance granted is the minimum necessary. An increase of 6' for the setback of the
narrow vestibule will allow the addition to be both functional for accessibility and harmonious
with the existing building, without creating additional unusable internal space.
(5)The variance does not correct a hardship cause by a former or current owner of
the property
The need for the increased setback arises from the design of the existing building, which
does not meet modern building standards. The variance will allow the building to meet
current accessibility requirements and correct existing building design deficiencies.
Criteria for Decision Making: Variance(s)
Staff Report – BZA#0287-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 5 of 5
Analysis: The variance allows for the construction of a narrow vestibule with an entrance lobby
and elevator, ensuring safe and equitable access by meeting modern accessibility standards.
The increased setback will allow the addition to be both functional for accessibility and
harmonious with the existing building. With long term plans to enhance the courtyard space
between the addition and the street, the intent of the ordinance is met to create a pedestrian-
oriented environment that offers street front activation.
Staff Recommendation: Based on the information available prior to the public hearing, Staff
recommends the variance be granted as presented.
Analysis & Recommendation
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4
Staff Report – BZA#0288-24 September 3, 2024
Property Information
Location: 4902 WESTERN AVE
Owner: ABYWESTERN INC
Project Summary
The proposed project includes the demolition of the existing building and the construction of a new
drive-through fast food restaurant. The project will include pavement improvements, stormwater,
utilities and landscaping.
Requested Action
Variance(s):
1)To allow 2.5 waiting spaces for a drive through facility in the front yard
2)To allow 0.5 waiting spaces for a drive through facility in the corner yard
Site Location
Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board approve the variances as presented with the condition that a type 1 buffer be planted along the first 25’ of the side lot lines from the two street frontages.
Staff Report – BZA#0288-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4
Proposed Site Plan
Staff Report – BZA#0288-24 September 3, 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 public health, safety, morals and
general welfare of the community. The waiting spaces in the front yard will be 25' from the
front property line and, with the removal of curb cuts along Western Avenue and added
street trees/landscaping, will have a minimal impact on surrounding properties and
pedestrians. The waiting space in the corner yard extends roughly 8', or half a car, into the
corner yard and will have a minimal impact on adjacent properties. With adequate interior
space, the waiting spaces should not impact the right-of-way.
(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 approval of the variances should not adversely impact the use or value of adjacent
properties. Drive through facilities are permitted by right in the C Commercial zoning district,
where uses are largely auto-oriented, and the waiting spaces in the front/corner yard will be
buffered with landscaping and new treelawn.
(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 result in practical difficulties in the use of the
property. The lot is shallow for an auto-oriented parcel and is located on the corner of an
intersection.
(4) The variance granted is the minimum necessary
The variance granted is the minimum necessary. The waiting spaces in the front yard will be
25' from the front property line and, with the removal of curb cuts along Western Avenue and
added street trees/landscaping, will have a minimal impact on surrounding properties and
pedestrians. The waiting space in the corner yard extends roughly 8', or half a car, into the
corner yard and will have a minimal impact on adjacent properties.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The variance granted does not correct a hardship caused by the owner of the property.
Drive through facilities are permitted by right in the C Commercial zoning district, but the
shallow configuration of the corner lot creates design challenges that will be mitigated by
landscaping and the replacement of curb cuts with treelawn.
Criteria for Decision Making: Variance(s)
Staff Report – BZA#0288-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4
Analysis: Drive through facilities are permitted by right in the C Commercial zoning district, but
the shallow configuration of the corner lot creates design challenges for the proposed use. The
waiting spaces in the front/corner yard will be buffered by landscaping and the replacement of 3
existing curb cuts with new treelawn, limiting the impact on surrounding properties and
pedestrians.
Staff Recommendation: Based on the information provided prior to the public hearing, the
staff recommends the Board approve the variances as presented with the condition that a
type 1 buffer be planted along the first 25’ of the side lot lines from the two street frontages.
Analysis & Recommendation
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4
Staff Report – BZA#0284-24 September 3, 2024
Property Information
Location: 1006 BEALE ST
Owner: PINNACLE WEALTH INVESTMENTS LLC
Project Summary
New construction duplex for sale.
Requested Action
Special Exception: Dwelling, 2 Units
Site Location
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.
Staff Report – BZA#0284-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4
Proposed Site Plan
Staff Report – BZA#0284-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4
Proposed Site Plan
Staff Report – BZA#0284-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4
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;
Approval of the Special Exception should not be injurious to the public health, safety, morals
and general welfare of the community. The building is newly constructed as a duplex. A two-
unit dwelling will provide more residents to the neighborhood which will increase safety and
the general welfare of the community.
(2)The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
Building a duplex should not injure or adversely affect the use or value of adjacent
properties. The construction of a new duplex that is consistent with the scale and character
of the surrounding neighborhood will bring new residents to the area and provide housing on
a lot that is currently vacant.
(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 use as a two-unit dwelling will further complement the existing housing stock in the
surrounding area and match the scale and character of dwellings in the neighborhood. The
proposed use will provide more housing options for residents.
(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 H1.1: Encourage residential developments to contain a mix of housing types,
densities, price ranges, and amenities.
Analysis: The construction of a new duplex that is consistent with the scale and character of
the surrounding neighborhood will bring new residents to the area and provide additional
housing on a lot that is currently vacant.
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.
Analysis & Recommendation
Criteria for Decision Making: Special Exception
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0285-24 September 3, 2024
Property Information
Location: 623 OLIVE ST
Owner: LUIS CASTILLO AND FABIOLA GARCIA
Project Summary
A neighborhood scale retail store selling health oriented goods.
Requested Action
Special Exception: a Retail and Service, General use
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#0285-24 September 3, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0285-24 September 3, 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, community
moral standards, convenience or general welfare. The neighborhood scale retail space will
aim to serve local patrons with quality health products.
(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. The building was designed and has historically been utilized as a corner
retail/service space. The introduction of a neighborhood oriented retail space will enhance
the surrounding area by providing a new local amenity.
(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 parcel is located at a prominent intersection in a compact neighborhood, four blocks
south of the Western Avenue corridor. The proposed use as a small scale retail space is
consistent with the surrounding traditional neighborhood development pattern and will serve
to enhance the area.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The proposed use is consistent with City Plan (2006), Objective LU2.1: Encourage
developers to use planned unit and traditional neighborhood development models to
promote land use compatibility in future developments. The parcel serves the community in
the pattern of a traditional neighborhood development.
Analysis: The building was designed and has historically been utilized as a corner retail/service
space. The neighborhood scale retail space will enhance the surrounding area, offering a new
local amenity.
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