HomeMy WebLinkAbout10.07.24 BZA Agenda Packet
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City of South Bend
BOARD OF ZONING APPEALS
AGENDA
Monday, October 7, 2024 - 4:00 p.m.
County-City Building
Fourth-Floor Council Chambers
www.tinyurl.com/sbbza
PUBLIC HEARING:
1.Location: 4444 W WESTERN AVE BZA#0289-24
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: S1 Urban Neighborhood 2
Withdrawal Requested
BZA#0291-24
Owner: JOHN W & NANCY T LUCEY
Requested Action:
Variance(s):
1)From the minimumn 5’ rear yard setback for a carriage house to 1.7’ ft
2)From the minimun 5’ side yard setback for a carriage house to 1.65’
3)From the maximum height of 18' to a height of 25'
Zoning: U1 Urban Neighborhood 1
3.Location: 559 RIVER AVE BZA#0292-24
Owner: ROBERT EDWARD MONTGOMERY
Requested Action:
Variance(s):
1)From the minimum 5’ side yard setback to 0’ for a garage addition
Zoning: U1 Urban Neighborhood 1
4.Location: 2205 CORBY BLVD BZA#0293-24
Owner: TAMMY PROPERTIES LLC
Requested Action:
Variance(s):
1)From the maximum height of 18’ to 22’ for an accessory structure
Zoning: S1 Suburban Neighborhood 1
2.Location: 307 E POKAGON ST
City of South Bend BOARD OF ZONING APPEALS
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5.Location: 1705 SOUTH BEND AVE BZA#0294-24
Owner: BRENNANS WALK HOLDINGS LLC
Requested Action:
Variance(s):
1)From the maximum height of a NC zoning district to 55’ to 66’2)From the maximum stories in a NC zoning district of 4 stories to 5 stories
Zoning: NC Neighborhood Center
BZA#0289-24
BZA#0295-24
6.Location: 809 WALNUT
Owner: FRANCISCO JAVIER BARECENAS RODRIGUEZ
Requested Action:
Special Exception: Dwelling, Two Unit
Zoning: U1 Urban Neighborhood 1
7.Location: 812 LASALLE AVE
Owner: KERRI KRAMER
Requested Action:
Special Exception: a Restaurant use
Zoning: UF Urban Neighborhood Flex
8.Location: 623 OLIVE ST BZA#0285-24
Owner: LUIS CASTILLO AND FABIOLA GARCIA
Requested Action: Special Exception: a Restaurant use
Zoning: UF Urban Neighborhood Flex
ITEMS NOT REQUIRING A PUBLIC HEARING:
1.Findings of Fact - July 1, 2024, August 5, 2024 and September 3, 20242. Minutes- July 1, 2024, August 5, 2024 and September 3, 20243.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#0291-24 October 7, 2024
Property Information
Location: 307 POKAGON ST
Owner: LUCEY JOHN W & NANCY T
Project Summary
The project consists of removal of the existing roof of a carriage house and the addition of a second
floor and a two story addition to the south and east of the building.
Requested Action
Variance(s):
1) From the minimum 5' rear yard setback for a carriage house to 1.7'
2) From the minimum 5' side yard setback for a carriage house to 1.65'
3) From the maximum height of 18' to a height of 25'
Site Location
Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board deny the variances as presented.
Staff Report – BZA#0291-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0291-24 October 7, 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 variances do not match the built from of the surrounding area, which may
impact the general welfare of the community. The existing legal non-conforming garage
matches the scale and location of the surrounding area. Expanding the footprint and height
of the structure within the minimum required setbacks would 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 adjacent properties may be negatively impacted by the variances.
Expanding the footprint and increasing the height of the building within the minimum
required setbacks would not match the built form of the surrounding area and would 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
A strict application of the ordinance would not result in practical difficulties in the use of the
property. With ample space in the rear yard, a carriage house could be built meeting the
required setbacks. Further, with a 5' setback from the alley, the carriage house could be built
to a height of 26' by right.
(4)The variance granted is the minimum necessary
The requested variances are not the minimum necessary. A zoning compliant carriage
house could be built on the property.
(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 the
expansion of a legal non-conforming building. A code compliant carriage house could be
built by right on the property with a height of 26'.
Analysis: Expanding the footprint and height of a legal non-conforming structure within the
minimum required setbacks would not meet the intent of the ordinance. The ample rear yard
space could be utilized to build a carriage house meeting the required setbacks and the
extensive nature of the proposed construction would essentially constitute a new building. With
a 5' setback from the alley, the carriage house could be built to a height of 26' by right.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board deny the variances as presented.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4
Staff Report – BZA#0292-24 October 7, 2024
Property Information
Location: 559 RIVER AVE
Owner: MONTGOMERY ROBERT EDWARD
Project Summary
Demolish existing garage and rebuild in its current location.
Requested Action
Variance(s):
1) From the minimum 5' side yard setback to 0' for a garage addition
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#0292-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4
Proposed Site Plan
Staff Report – BZA#0292-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4
Proposed Site Plan
Staff Report – BZA#0292-24 October 7, 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 approval should not be injurious to the general welfare of the community. The garage
matches the built form of the surrounding area, where many accessory structures are
located near or on the property line, including the garage of the adjacent property.
(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 affected in an adverse manner. The
garage will match the built form of the surrounding area, will have the same footprint as the
existing structure, and is sensitively designed in its height and drainage to limit impact on
the neighboring property.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
The garage location and design responds to the layout of the existing house, the unique
design requirements of a home in a historic overlay district, the built form of the surrounding
area, and the fact that the parcel is a corner lot without alley access. Requiring the garage to
be shifted from its current location would necessitate a reconfiguration of the existing house,
covering multiple windows and reorienting an exterior door.
(4) The variance granted is the minimum necessary
The variance granted is the minimum necessary. The garage will be in the same location as
the existing structure, matching the built form of the surrounding neighborhood in location
and design.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The variance responds to the existing layout of the house and the character of the
surrounding area.
Analysis: The garage location and design responds to the layout of the existing house, the
unique design requirements of a home in a historic overlay district, the nature of the built form of
the surrounding area, and the fact that the parcel is a corner lot without alley access. Requiring
the garage to be shifted from its current location would necessitate a reconfiguration of the
existing house, covering multiple windows and reorienting an exterior door.
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#0293-24 October 7, 2024
Property Information
Location: 2205 CORBY BLVD
Owner: TAMMY PROPERTIES LLC
Project Summary
Increase garage roof height to 22'.
Requested Action
Variance(s):
1)From the maximum height of 18' to 22' for an 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#0293-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0293-24 October 7, 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 public health, safety, morals, and
general welfare of the community because it would be inconsistent with the built form of 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 an accessory structure of that height would
be inconsistent with the general scale of accessory structures in 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
The strict application of the terms of this Chapter would not result in practical difficulties in
the use of the property. The garage roof could have been modified in a way that conforms
to the maximum height for accessory structures 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 aesthetic preference is not a hardship.
(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 roof was modified without the appropriate
approval and permits from the building department. Had the applicant applied for building
permits, they would have been made aware of the applicable regulations.
Analysis: There are no practical difficulties or unique characteristics that support the requested
variance. The petitioner increased the height of the garage roof without first obtaining a building
permit. Nothing prevents the roof from being constructed 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 presented.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 7
Staff Report – BZA#0294-24 October 7, 2024
Property Information
Location: 1705 SOUTH BEND AVE
Owner: Brennans Walk Holdings, LLC
Project Summary
The site is planned to be developed as a mixed-use building with a small commercial tenant on the
ground floor and 3 floors of condominium units above. The proposed variance would allow for a
small gathering space, kitchenette, accessible restrooms, and storage on the rooftop.
Requested Action
Variance(s):
1) From the maximum height in an NC zoning district of 55' to 66'
2) From the maximum stories in an NC zoning district of 4 stories to 5 stories
Site Location
Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board approve the variances as presented.
Staff Report – BZA#0294-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 7
Proposed Site Plan
Staff Report – BZA#0294-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 7
Proposed Site Plan
Staff Report – BZA#0294-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 7
Proposed Site Plan
Staff Report – BZA#0294-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 5 of 7
Proposed Site Plan
Staff Report – BZA#0294-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 6 of 7
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 general welfare of the
community. With a limited footprint, the small rooftop amenity space will not be visible from
the street. The space will be contextually appropriate, as the property lies adjacent to a
highly trafficked thoroughfare and is surrounded on all sides by medium-to-high density
housing/commercial spaces.
(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 adversely affected. The small
rooftop amenity space will not be visible from the street and will be minimally visible from the
rear of the property, limiting the impact on adjacent properties.
(3)The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
This parcel is located adjacent to a major intersection of S.R. 23 and Angela Boulevard at
the edge of the Notre Dame campus. The area supports a higher density project, but is
limited to the NC Neighborhood Center zoning height of 4 stories and 55' that is targeted at
nodal buildings in a more traditional neighborhood environment. Further, rooftop decks and
elevator/stair towers are permitted in the zoning ordinance, but a strict application of the
ordinance would not allow for this small rooftop amenity space that is not visible from the
street.
(4)The variance granted is the minimum necessary
The variances granted are the minimum necessary. With a limited footprint, the additional
height of the small rooftop space will not have an impact on the perceived massing of the
building from the street and will be contextually appropriate.
(5)The variance does not correct a hardship cause by a former or current owner ofthe property
Adjacent to a major intersection of South Bend Avenue and Angela Boulevard at the edge of
the campus of Notre Dame, this area supports a higher density project, but is limited to the
NC Neighborhood Center zoning height of 4 stories and 55' that is targeted at nodal
buildings in a more traditional neighborhood environment. The variances would allow for a
small rooftop amenity space that is not visible from the street, is contextually appropriate
and is not inconsistent with the intent of the Ordinance.
Criteria for Decision Making: Variance(s)
Staff Report – BZA#0294-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 7 of 7
Analysis: The variances will allow for a small rooftop amenity space that will not be visible from
the street. The proposed space is contextually appropriate as the property lies adjacent to a
wide and highly trafficked thoroughfare and is surrounded on all sides by medium-to-high
density housing and commercial spaces.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board approve the variances as presented.
Analysis & Recommendation
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4
Staff Report – BZA#0289-24 October 7, 2024
Property Information
Location: 809 WALNUT
Owner: RODRIGUEZ FRANCISCO JAVIER BARCENAS
Project Summary
Request a Special Exception to allow for the use of a duplex on a U1 zoned lot.
Requested Action
Special Exception: to allow for a Dwelling, Two Unit use
Site Location
Staff Recommendation Based on information available prior to the public hearing, the Staff recommends the Board send the Special Exception to the Common Council with an unfavorable recommendation.
Staff Report – BZA#0289-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4
Proposed Site Plan
Staff Report – BZA#0289-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 3 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 use may be injurious to the health, safety, moral sand general welfare of the
community. The one unit dwelling was converted without proper approval to a two unit
dwelling and substantial work was done to the exterior and interior of the building without
permits or approval by the relevant departments.
(2)The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
The proposed use may injure or adversely impact the use and value of adjacent properties
as the one unit dwelling was converted without proper approval to a two unit dwelling. The
porch was demolished, exterior stone was removed, windows and roof were replaced, and a
second door was added without appropriate permits or review.
(3)The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
A two unit dwelling could be contextually appropriate given the mixed use nature of the
surrounding neighborhood and the range of proximate zoning districts including NC
Neighborhood Center, UF Urban Neighborhood Flex, and a stretch of U2 Urban
Neighborhood 2 parcels along Sample Street to the south. However, preliminary review is
necessary to ensure that a converted two unit dwelling will be consistent with the built form
of the surrounding neighborhood, and this property has been converted without initial staff
review or permits.
(4)The proposed use is compatible with the recommendations of the Comprehensive
Plan.
A well converted two unit dwelling is consistent with the City Plan, South Bend
Comprehensive Plan (2006) Objective H1.1: Encourage residential developments tocontain a mix of housing types, densities, price ranges, and amenities. In its current state,
the converted two unit dwelling does not meet Objective H 2: Maintain South Bend's housing
stock in good condition.
Criteria for Decision Making: Special Exception
Staff Report – BZA#0289-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4
Analysis: This one unit dwelling was converted without proper approval to a two unit dwelling
and substantial work was done to the exterior and interior of the building without permits or
approval by the relevant departments. While a duplex can be contextually appropriate on a U1
zoned parcel, it must be done carefully to retain the look and character of a one-unit dwelling
that matches the built form of the surrounding neighborhood. This remodel, done without
permits, has significantly altered the design of the house, including the removal of the front
porch and stone siding, reconfiguration of the windows, and the addition of a second front door
oriented to the street.
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 an
unfavorable recommendation.
Analysis & Recommendation
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0295-24 October 7, 2024
Property Information
Location: 812 LASALLE AVE
Owner: KRAMER KERRI A
Project Summary
Special exception for a restaurant use
Requested Action
Special Exception: a Restaurant use
Site Location
Staff Recommendation Based on the 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#0295-24 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0295-24 October 7, 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 as any proposed restaurant will meet all
applicable building and fire safety codes.
(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
retail/service space and the introduction of a small restaurant will activate the building and
enhance the neighborhood by offering 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 on busy LaSalle Avenue, two blocks west of The South Bend Clinic,
and across the street from the St. Joseph High School football field. The proposed use as a
small scale restaurant 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 LU2.2: Pursue a mix of land
uses along major corridors and other locations identified on the Future Land Use Map. While
not located within the Northeast Neighborhood Plan boundaries, the proposed restaurant
use is immediately adjacent to it and compatible with the plan.
Analysis: The building was designed and has historically been utilized as retail/service space.
Introducing a restaurant will activate the building and enhance the neighborhood by offering a
new local amenity.
Staff Recommendation: Based on the 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
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0285-24 October 7, 2024
Property Information
Location: 623 OLIVE ST
Owner: LUIS CASTILLO AND FABIOLA GARCIA
Project Summary
The project is that the products sold are for the community since they are all healthy and that all the
people who want to obtain them have access at this area.
Requested Action
Special Exception: a Restaurant 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 October 7, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0285-24 October 7, 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 restaurant space
primarily serving healthy shakes and smoothies 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 restaurant 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 restaurant 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 LU2.2: Pursue a mix of land
uses along major corridors and other locations identified on the Future Land Use Map. The
parcel fronts a small commercial node that serves the community in a traditional
neighborhood development pattern.
Analysis: The building was designed and has historically been utilized as a corner retail/service
space. The neighborhood scale restaurant space, primarily serving healthy shakes and
smoothies, will aim to serve local patrons with quality health products and offer 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