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HomeMy WebLinkAbout09.16.2024 PC Agenda Packet County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Tim Corcoran Interim Zoning Administrator Scott Ford Commission President AGENDA Monday, September 16, 2024 - 4:00 P.M. County-City Building Fourth-Floor Council Chambers www.tinyurl.com/southbendplancommission PUBLIC HEARING: A.REZONINGS 1.Location:5614 MAIN ST PC#0221-24 Petitioner: TWISTED METAL ATLANTA LLC Requested Action: Rezoning: From S1 Suburban Neighborhood 1 to S2 Suburban Neighborhood 2 2.Location:829 27TH ST PC#0222-24 Petitioner: TWO BROTHERS REAL ESTATE INVESTMENTS LP Requested Action: Rezoning: From U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 3.Location:734 NOTRE DAME AVE PC#0223-24 Petitioner: SHAMROCK REALTY GROUP LLC Requested Action: Rezoning: From U1 Urban Neighborhood 1 to U3 Urban Neighborhood 3 4.Location:25491, 25471 and 25481 CLEVELAND RD PC#0224-24 Petitioner: SIMS LEO A & PASQUA DIPINTO & HOFFMAN ROSEMARY & MONTGOMERY MARY ANN & RHYMER JOHANNA & FERENCY TERESA JT W/ROS Requested Action: Rezoning: From R Single Family District (St. Joseph County) to I Industrial Variance(s): 1.from required hard surface for outdoor storage to aggregate 2.from the required Type 3 buffer to existing vegetation on the East and a 6' - 8' earthenberm plus existing vegetation on the West B.MAJOR SUBDIVISIONS – None for consideration C.TEXT AMENDMENTS – None for consideration County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Tim Corcoran Interim Zoning Administrator Scott Ford Commission President D.COMBINED HEARING 1.Name:ECOBILITIES TUTT STREET MINOR SUBDIVISION PC#0220-24 Location: 206 E TUTT ST Petitioner: ECOBILITIES – MAAP LLC Requested Action: Subdivision: Minor Subdivision Variance(s): 1)from the required 10' building setback on the south and east property lines for Lot 1 ITEMS NOT REQUIRING A PUBLIC HEARING: A.MINOR SUBDIVISIONS 1.Name: RIVERSIDE CAMPUS MINOR SUBDIVISION PC#0219-24 Location: PROPERTY BOUNDED BY PORTAGE AVE, BOLAND DR AND RIVERSIDE DR B.FINDINGS OF FACT – August 19, 2024 C. MINUTES – August 19, 2024 D.UPDATES FROM STAFF E.ADJOURNMENT SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0221-24 September 16, 2024 Property Information Location: 5614 MAIN ST Owner: TWISTED METAL ATLANTA LLC Requested Action Rezone from S1 Suburban Neighborhood 1 to S2 Suburban Neighborhood 2 Project Summary A rezoning to legalize an existing triplex. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, Staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Staff Report -PC#0221-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 2 of 4 Proposed Site Plan Staff Report -PC#0221-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 3 of 4 Land Uses and Zoning: On site: On site is a 3 unit dwelling. North: To the north a vacant lot zoned C Commercial. East: To the east across US 31 is unincorporated St. Joseph County zoned R Single Family district and B Business district. South: To the south is one unit dwelling zoned S1 Suburban Neighborhood 1. West: To the west across Main Street is unincorporated St. Joseph County zoned R Single Family district. District Intent: The S2 District is established to provide for, maintain, and enhance suburban neighborhoods or primarily apartment complexes or houses grouped together outside of the City's core. Site Plan Description: The current site plan shows no major alterations to the site. Zoning and Land Use History and Trends: This parcel was annexed into the City in 1998 as part of a larger 234 +/- acre US 31 South annexation. With the exception of the one unit dwelling to the south, it is not located immediately adjacent to any other residential properties. There are other S1 Suburban Neighborhood 1 zoned properties to the south, but they are mainly remnant parcels left by the State of Indiana after rerouting US 31 South. Traffic and Transportation Considerations: South Main Street is two lanes with no on-street parking. Agency Comments: There are no additional comments at this time. There are no engineering comments at this time. Staff Comments: Zoning of the property to S2 Suburban Neighborhood 2 allows for the creation of more diverse and affordable housing types. Legalizing the non-conforming use will allow the owners to obtain any necessary permits for the upgrade of the units as necessary. Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1.Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective H1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Plan identifies this area for Commercial, but maintaining the historic residential use for a 3 unit dwelling, will not be out of character for the general vicinity. Plan Implementation/Other Plans: Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0221-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 4 of 4 There are no other plans for the area. 2.Current Conditions and Character: The existing home was built in 1875 as a single family home. At some point, it was converted to a three-unit dwelling (there are no records to show when this happened). Parking for the residents is oriented to the north side of the property adjacent to a vacant commercial property and should not negatively impact the residential property to the south. 3.Most Desirable Use: The most desirable use, at this time, is a range of low to medium density residential housing types that will seamlessly fit the established character of the neighborhood. 4.Conservation of Property Values: The gentle density added by the S2 District should not impact the use or value of surrounding properties in the area. Allowing the existing use to continue should improve the overall value of the adjacent area. 5.Responsible Development and Growth: It is responsible development and growth to allow for a variety of housing options within this suburban neighborhood. Commitments: There are no commitments proposed at this time. Analysis: Legalizing a triplex should not injure or adversely affect the use or value of the adjacent properties provided the current residential building form is maintained. A three-unit dwelling will provide more residents to the neighborhood which will increase safety and the general welfare of the community. Recommendation: Based on information available prior to the public hearing, staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0222-24 September 16, 2024 Property Information Location: 829 27TH ST Owner: TWO BROTHERS REAL ESTATE INVESTMENTS LP Requested Action Rezone from U1 Urban Neighborhood 1 to U2 Urban Neighborhood 2 Project Summary A rezoning to legalize an existing triplex. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation subject to the condition of creating a zoning compliant frontage type by reopening the original porch. Staff Report -PC#0222-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 2 of 4 Proposed Site Plan Staff Report -PC#0222-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 3 of 4 Land Uses and Zoning: On site: A building being used as a triplex, zoned U1 Urban Neighborhood 1 North: A one unit dwelling zoned U1 Urban Neighborhood 1 East: Across 27th Street a one unit dwelling zoned U1 Urban Neighborhood 1 South: A one unit dwelling zoned U1 Urban Neighborhood 1 West: Across an alley a one unit dwelling zoned U1 Urban Neighborhood 1 District Intent: The U2 District is established to provide for, promote, and maintain the development of diverse housing types in urban neighborhoods located near neighborhood centers in core and outlying areas of the City. Site Plan Description: The owner intends to continue using the 2,249 square foot house as a triplex. Zoning and Land Use History and Trends: The house was originally constructed in 1922, and the Sanborn maps show that the house was a single family dwelling at least through 1960. It is unclear when the house was converted from a single unit to its current three unit layout. Traffic and Transportation Considerations: To the east, S 27th Street is a 30' wide street with on-street parking. Agency Comments: There are no engineering comments at this time. Staff Comments: Zoning of properties to U2 Urban Neighborhood 2 allows for the creation of more diverse and affordable housing types. With proper design, these housing types blend well with the character and scale of existing urban neighborhoods. Located in a fairly walkable urban neighborhood that is close to a major corridor, businesses, and transit, this property is suited for U2 zoning. Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1.Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. Land Use Plan: The Future Land Use Plan identifies this area for Medium Density Residential, which would allow for a range of neighborhood-scaled residential housing types. Plan Implementation/Other Plans: While the River Park Neighborhood Plan is in progress, there are no neighborhood specific plans for this area at this time. Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0222-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 4 of 4 2.Current Conditions and Character: A dense, primarily residential neighborhood just north of the mixed-use Mishawaka Avenue corridor. 3.Most Desirable Use: The most desirable use would fall in the range of one unit to medium-density residential housing types that match the established character of the neighborhood. 4.Conservation of Property Values: The use and value of the adjacent properties should not be negatively impacted. Rezoning to U2 would legalize the use as a triplex, providing additional housing units to the neighborhood. The condition to open the porch would bring the property into compliance with zoning standards. 5.Responsible Development and Growth: It is responsible development and growth to allow for a variety of housing options within this urban neighborhood. Commitments: There are no commitments proposed at this time. Analysis: Rezoning the site to U2 Urban Neighborhood 2 will legalize an existing triplex, allowing for a higher density housing type that still bends into the context of the surrounding neighborhood. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation subject to the condition of creating a zoning compliant frontage type by reopening the original porch. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report – PC#0223-24 September 16, 2024 Property Information Location: 734 NOTRE DAME AVE Owner: SHAMROCK REALTY GROUP LLC Requested Action Rezone from U1 Urban Neighborhood 1 to U3 Urban Neighborhood 3 Project Summary To build a 3 story condominium building containing 4 units. Location Map Recommendation Staff Recommendation: Based on information provided prior to the public hearing, Staff recommends the Commission send the rezoning to the Common Council with a favorable recommendation subject to the written commitment that building height will not exceed 3 stories. Staff Report -PC#0223-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 2 of 4 Proposed Site Plan Staff Report -PC#0223-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 3 of 4 Land Uses and Zoning: On site: The lot is currently vacant. North: To the north is an apartment building, zoned U3 Urban Neighborhood 3 East: To the east, across an alley, is a one unit dwelling zoned U1 Urban Neighborhood 1 South: To the south is a one unit dwelling zoned U1 Urban Neighborhood 1 West: To the west, across Notre Dame Avenue, is a one unit dwelling zoned U1 Urban Neighborhood 1 District Intent: The U3 District is established to provide for, promote, and maintain the development of a full range of housing types located near neighborhood centers and along major streets in urban neighborhood centers and along major streets in urban neighborhoods in core and outlying areas of the City. Site Plan Description: The site plan shows the construction of one 3-story, 4-unit condominium with parking access coming off of the rear alley. Zoning and Land Use History and Trends: The surrounding neighborhood has seen significant changes in the past two decades. The construction of Eddy Street Commons and other investment in the Northeast Neighborhood has spurred a demand for more housing units in the area. Despite this recent growth, the neighborhood still has fewer residents than it did in 1990. The 2020 Census shows the neighborhood has lost 32% of its 1970 population. With the recent demand in housing, formerly vacant lots have been developed reversing five decades of population decline. Traffic and Transportation Considerations: Notre Dame Avenue is a two lane street with on-street parking on both sides. Agency Comments: There are no agency comments at this time. There are no engineering comments at this time. Staff Comments: The parcel is identified as U3 Urban Neighborhood 3 in the future zoning map of the Northeast Neighborhood Plan. Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1.Comprehensive Plan: Policy Plan: The petition is consistent with the Northeast Neighborhood Plan (2022), providing missing middle housing at a scale compatible in scale and form with the surrounding area. Land Use Plan: The Northeast Neighborhood Plan future zoning map identies this parcel as U3 Urban Neighborhood 3. Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0223-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 4 of 4 Plan Implementation/Other Plans: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective H 1: Ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future. 2.Current Conditions and Character: The surrounding neighborhood is largely residential and contains a range of housing types including detached houses, townhouses, and apartments. 3.Most Desirable Use: The most desirable use for this property is medium density housing that matches the scale and character of the surrounding area and provides additional units in the area. 4.Conservation of Property Values: Developing a new residential project on currently vacant land will contribute to the growth and value of the surrounding neighborhood. 5.Responsible Development and Growth: It is responsible to allow for continued development in the Northeast Neighborhood in the form of missing middle housing types that offer more affordable units to the area. Commitments: Building height to be limited to 3 stories. Analysis: Rezoning the property to U3 Urban Neighborhood 3 will allow for the development of additional missing middle housing in the area. This rezoning and project is consistent with the Northeast Neighborhood Plan, which identifies the parcel as rezoning to U3 Urban Neighborhood 3. Recommendation: Based on information provided prior to the public hearing, Staff recommends the Commission send the rezoning to the Common Council with a favorable recommendation subject to the written commitment that building height will not exceed 3 stories. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report – PC#0224-24 September 16, Property Information Location: 25491, 25471, 25471 and 25481 CLEVELAND RD Owner: SIMS LEO A & PASQUA DIPINTO & HOFFMAN ROSEMARY & MONTGOMERY MARY ANN & RHYMER JOHANNA & FERENCY TERESA JT W/ROS and JOHN JOSEPH SIMS Requested Action Rezone from R Single Family District (St. Joseph County) to I Industrial Variance(s): 1) from required hard surface for outdoor storage to aggregate 2) from the required Type 3 buffer to existing vegetation on the East and a 6' - 8' earthen berm plus existing vegetation on the West Project Summary Development of land into an office and small warehouse with outdoor storage of service equipment. THIS REQUEST INCLUDES ANNEXATION INTO THE CITY OF SOUTH BEND. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, Staff recommends the Commission send the rezoning and annexation petition to the Common Council with a favorable recommendation. Staff recommends the Commission approve the variances as presented subject to a written commitment to maintain a 100' natural area along the west property line. Staff Report -PC#0224-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 2 of 5 Proposed Site Plan Staff Report -PC#0224-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 3 of 5 Land Uses and Zoning: On site: The site currently holds a house, garage, barn, and large farm field bordered by vegetation, and is zoned R Single Family District in St. Joseph County North: A warehouse zoned I Industrial East: A 100' strip of mature vegetation zoned R Single Family Residential in St. Joseph County and, further east, a vacant lot and manufacturing plant zoned I Industrial in St. Joseph County. South: Across Old Cleveland Road, residential units zoned R Single Family Residential in St. Joseph County West: A residential neighborhood zoned R Single Family Residential in St. Joseph County District Intent: The I District is established to provide a location for medium- to high intensity industrial uses, typically grouped along highways and major streets and separated from residential uses. Site Plan Description: The proposed development will consist of an 8000 square foot office on the western portion of the lot, a 15,000 square foot warehouse/shop and outdoor storage of large equipment on the eastern potion of the lot, and the preservation of an existing barn on the southern end of the parcel. Zoning and Land Use History and Trends: The surrounding area was largely farmland until the late 1990s, when the subdivision to the west of the site began to develop. Between 2000 and 2010 several new industrial buildings were constructed to the north and east of the site, with a final industrial site to the east of the parcel constructed between 2016 and 2017. Traffic and Transportation Considerations: Old Cleveland Road is a two lane, 20' wide road. Agency Comments: There are no agency comments at this time. Staff Comments: There are no staff comments at this time. Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1.Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective ED2: Retain existing businesses and recruit new ones to the city. Land Use Plan: The Future Land Use Plan does not address properties outside of the City limits. Plan Implementation/Other Plans: The petition is consistent with South Bend's Annexation Policy Plan (1992) “[E]xtension of City services and utilities beyond the City limits should not occur unless it furthers the annexation policies of the City..." Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0224-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 4 of 5 2.Current Conditions and Character: Currently the character of the properties located within the City to the north are industrial uses and the properties located in the County are residential to the south and west and industrial to the east. 3.Most Desirable Use: The most desirable land use would be one which supports the ongoing development in the area in a manner compatible with the surrounding context. 4.Conservation of Property Values: The properties in the area a mix of residential and industrial uses. The annexation and rezoning should not affect the use or value of the surrounding properties, as long as an appropriate buffer is preserved between the industrial property and residential properties to the west, preserving the existing mature vegetation. 5.Responsible Development and Growth: It is responsible development and growth to require properties contiguous to the City limits to annex into the City and the time of development. Likewise, it is responsible development to allow property in an industrially developing area to be used for industrial growth at a scale that is compatible with the adjacent residential properties. Variance(s) The petitioner is seeking the following variance(s): 1) from required hard surface for outdoor storage to aggregate 2) from the required Type 3 buffer to existing vegetation on the East and a 6' - 8' earthen berm plus existing vegetation on the WestState 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 outdoor storage on aggregate should not be injurious to the general welfare of the community. The aggregate surfaced storage area will be a considerable distance from the right of way and buffered from any privately owned adjacent property, limiting any adverse affects of the use or value of the adjacent properties. A variance from the required type 3 buffer to the existing vegetation on the east and the existing vegetation plus an earthen berm on the west would not be injurious to the general welfare of the community. The use of existing mature vegetation to buffer the property from surrounding incompatible uses would 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 adjacent properties should not be adversely impacted by the proposed variances. The aggregate surfaced storage area will be a considerable distance from the right of way and buffered from any privately owned adjacent property, limiting any adverse affects of the use or value of the adjacent properties. The use of the existing mature vegetation to the east, and the mature vegetation with an added earthen berm to the west will provide appropriately buffering. Staff Report -PC#0224-24 9/16/2024 SOUTH BEND PLAN COMMISSION Page 5 of 5 (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 require the developer to create a large paved surface that would likely be damaged by the equipment stored in the area. The negative impact of that large of a impervious surface would far outweigh the potential benefit of strict compliance with the ordinance. A strict application of the ordinance calling for use of a type 3 buffer would require the developer to remove existing mature vegetation at the property line and replace it with a 6' evergreen trees. (4) The variance granted is the minimum necessary. The variances granted are the minimum necessary. Allowing an aggregate surfaced storage area set back over 300' from the right of way and buffered from adjacent properties outweighs the potential benefits of an impervious surfaced storage area. Utilizing the existing vegetation on the east property line and the existing vegetation, plus an earthen berm, on the west property line, meets the intent of the ordinance by providing appropriate buffering between adjacent uses. Alternative to the earthen berm, a written commitment to maintain a 100' natural area along the western border would also ensure appropriate buffering and the preservation of the existing mature vegetation, meeting the intent of the ordinance. (5) The variance granted does not correct a hardship caused by a former or current owner of the property. The storage of heavy equipment on an aggregate surface over 300' from the right of way meets the intent of the ordinance, and the large size of the lot allows for appropriate buffering and space in all directions to minimize potential adverse affects on adjacent properties. The existence of mature vegetation on the borders of the lot create the hardship that installing a type 3 buffer would cause a reduction in the current vegetation. Commitments: Maintaining a 100' natural area along the west property line. Analysis: The annexation and rezoning of the property to I Industrial will allow for the development of the site as an office and small scale warehouse/storage that contributes to the industrial development in the area while preserving mature vegetation. It is responsible development to assure that properties adjacent to the City limits are annexed and developed under City standards. Allowing an aggregate surfaced storage area set back over 300' from the right of way and buffered from adjacent properties outweighs the potential benefits of an impervious surfaced storage area. Utilizing the existing vegetation on the east property line and the existing vegetation, plus a 100’ natural area, on the west property line, meets the intent of the ordinance by providing appropriate buffering between adjacent uses. Recommendation: Based on information available prior to the public hearing, the Staff recommends the Commission send the rezoning and annexation petition to the Common Council with a favorable recommendation. The Staff recommends the Commission approve the variances as presented subject to a written commitment to maintain a 100' natural area along the west property line. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Page 1 of 5 Staff Report – PC#0220-24 September 16, 2024 Property Information Subdivision Name: ECOBILITIES TUTT STREET MINOR SUBDIVISION Location: 206 E TUTT ST Requested Action Minor Subdivision with a total area of 1.42 acres that will consist of 2 building lots. Variance(s): 1) from the required 10' building setback on the south and east property lines for Lot 1 Location Map Recommendation Staff Recommendation: Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. Staff therefore recommends that this subdivision be granted Approval subject to the addition of a 5' maintenance easement along the east and south property lines of Lot 1. There are no variances for Lot 2. Staff Report -PC#0220-24b 9/16/2024 SOUTH BEND PLAN COMMISSION Page 2 of 5 Proposed Site Plan Staff Report -PC#0220-24b 9/16/2024 SOUTH BEND PLAN COMMISSION Page 3 of 5 Proposed Site Plan Staff Report -PC#0220-24b 9/16/2024 SOUTH BEND PLAN COMMISSION Page 4 of 5 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: Not required. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: Not at this time. Criteria for Decision Making The petitioner is seeking the following variance(s): 1)from the required 10' building setback on the south and east property lines for Lot 1 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 from the required 10' building setback should not be injurious to the public health, safety or general welfare of the community. The variances will allow for the subdivision of the lots into two parcels with the existing building on Lot 1 and creating Lot 2 as a buildable lot for future development. (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 property is surrounded by I Industrial properties to the north, east and west and dividing the large lot into two smaller lots will allow the large building to be on its own parcel, Lot 1, and leaving the vacant eastern portion of the lot to be developed in the future, new Lot 2. (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 could result in practical difficulties in the use of the property as a 10' setback on the east and south property line of Lot 1 would block access to Lot 2 from the Tutt Street entrance. The variance from the required 10' setback along the south property line will separate the building on Lot 1 from the masonry building shell that is part of Lot 2. A 5' maintenance easement along both the east and south property lines of Lot 1 will allow the owner of Lot 1 to be able to maintain the exterior of their building. (4) The variance granted is the minimum necessary. The variance is the minimum necessary to provide access to Lot 2 from Tutt Street and will keep the masonry building shell on Lot 2 and not have a lot line bisect through it. Staff Report -PC#0220-24b 9/16/2024 SOUTH BEND PLAN COMMISSION Page 5 of 5 (5) The variance granted does not correct a hardship caused by a former or current owner of the property. The metal building dates to 1968 and was previously part of the Sibley Machine and Foundry site developed in the early 1900's. The current owner is subdividing the property to cleanly separate the existing building from the remaining portion of the property. Recommendation Analysis: Approving the requested variances should not negatively impact the adjacent area as it has long been industrial with a history of buildings being built over property lines. The variances will allow the subdivision to separate the existing building onto its own parcel leaving a vacant buildable lot which can be developed in the future. Staff Recommendation: The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval subject to the addition of a 5' maintenance easement along the east and south property lines of Lot 1. The Staff recommends the Commission approve the variance as presented. SOUTH BEND PLAN COMMISSION Page 1 of 3 Staff Report – PC#0219-24 September 16, 2024 Property Information Subdivision Name: RIVERSIDE CAMPUS MINOR SUBDIVISION Location: PROPERTY BOUNDED BY PORTAGE AVE, BOLAND DR AND RIVERSIDE DR Requested Action The total area of the subdivision is 164.6 acres and will consist of 8 building lots. Location Map Recommendation Staff Recommendation: The Staff recommends the Commission approve the waiver from the Subdivision Control Ordinance as requested for a parcel not abutting a public street for Lots 3, 4, and 5. An access easement is provided to give connection to a public street. The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval subject to: 1) Addressing any comments required by Engineering Department. . SOUTH BEND PLAN COMMISSION Page 2 of 3 Staff Report – PC#0219-24 September 16, 2024 Proposed Plat SOUTH BEND PLAN COMMISSION Page 3 of 3 Staff Report – PC#0219-24 September 16, 2024 Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: A drainage plan will be required upon development. Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: A Master Plan will be required upon development. Water and Sewer Service Extension Agreement required. SDC's will be required upon development. Site plans will require approval by Engineering. Recommendation Staff Comments: The registered surveyor on behalf of the property owner requests the following waiver from the Subdivision Control Ordinance: Section 21-11.02 (c) (2) Every lot shall abut on a public street namely for Lots 3, 4, and 5. An access easement is provided to give a connection to a public street. Staff Recommendation: The Staff recommends the Commission approve the waiver from the Subdivision Control Ordinance as requested for a parcel not abutting a public street for Lots 3, 4, and 5. An access easement is provided to give connection to a public street. The Staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The Staff therefore recommends that this subdivision be granted Approval subject to: 1) Addressing any comments required by Engineering Department.