HomeMy WebLinkAbout11.04.24 BZA Agenda Packet
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City of South Bend
BOARD OF ZONING APPEALS
AGENDA
Monday, November 4, 2024 - 4:00 p.m.
County-City Building
Commissioners Conference Room 7th Floor
www.tinyurl.com/sbbza
PUBLIC HEARING:
1.Location: 1007 CHAPIN ST BZA#0296-24
Owner: PAAPRI LLC
Requested Action:
Variance(s):
1)from the required minimum side setback for a parking lot from 10’ to 0’; and
2)from the required minimum rear setback for a parking lot from 10’ to 0’.
Zoning: I Industrial
2.Location: 1970 and 1971 BROOKMEDE DR, 1958 and 1964 BRIAR WAY, BZA#0297-24
3633 SPRINGBROOK DR and 1606 WOODMONT DR
Owners: PENDERGRASS AMANDA K, CHARLES & SHARON WILEY, FLORES LEOPOLDO
& OLIVIA & DANIEL JTWROS, TRISTAN MUNOZ, EDWARD & DONNA RAMSBOTTOM,
TANNER & CASSANDRA WHITE
Requested Action:
Variance(s):
1)from the requirement that a Place Identification Sign be designed as a monument sign
type; and
2)from the maximum height for a Place Identification Sign of 8’ to 10’.
Zoning: S1 Suburban Neighborhood 1
3.Location: 809 WALNUT BZA#0289-24
Owner: RODRIGUEZ FRANCISCO JAVIER BARCENAS
Requested Action: Special Exception: to allow for a Dwelling, Two Unit use
Zoning: U1 Urban Neighborhood 1
ITEMS NOT REQUIRING A PUBLIC HEARING:
1.Findings of Fact2. Minutes3.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#0296-24 November 4, 2024
Property Information
Location: 1007 CHAPIN ST
Owner: PAAPRI LLC
Project Summary
Variance to allow for a one-way parking lot to be established along a center drive.
Requested Action
Variance(s):
1)from the required minimum side setback for a parking lot of 10' to 0'
2)from the required minimum rear setback for a parking lot of 10' to 0'
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#0296-24 November 4, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0296-24 November 4, 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 variances should not be injurious to the general welfare of the
community. The south row of parking will be located behind the facade of the property to the
south to mitigate potential negative impacts from a reduced side yard setback. Parking
spaces in the rear fall within a vacated alley that abuts an existing parking lot to the west.
(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 area should not be adversely affected. The south row of
parking is designed to mitigate potential impacts of a reduced side yard setback. Parking
spaces in the rear fall within a vacated paved alley that abuts an existing parking lot.
(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. No on-street parking is available within nearly a quarter mile of the site in any
direction driving the need for off street parking. The lot is uniquely narrow for an I Industrial
zoned parcel and the required 10' side and rear yard setbacks would eliminate half of the
possible off street parking spaces.
(4)The variance granted is the minimum necessary
The proposed variances are the minimum necessary. The variance for the side yard setback
is driven by the narrowness of the lot and the lack of surrounding on street parking, and
measures are being taken to mitigate potential impact on the property to the south. The rear
yard setback variance allows for parking in a vacated alley that abuts an existing parking lot.
(5)The variance does not correct a hardship cause by a former or current owner of
the property
The variances respond to the unique narrowness of this I Industrial zoned lot, the lack of off
street parking in the surrounding area, and the existing configuration of the surrounding
buildings and parking lot to the west.
Analysis: No on-street parking is available within nearly a quarter mile of the site and the
required setbacks would eliminate half of the possible off-street parking. The parking lot is
designed to mitigate potential impacts on the property to the south and the rear yard setback
variance allows for parking in a vacated alley that abuts an existing parking lot to the west.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board approve the variances as presented.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0297-24 November 4, 2024
Property Information
Location: 1970 BROOKMEDE DR and 1971 BROOKMEDE DR and 1958 BRIAR WAY and
1964 BRIAR WAY and 3633 SPRINGBROOK DR and 1606 WOODMONT DR
Owner: PENDERGRASS AMANDA K, CHARLES & SHARON WILEY, FLORES
LEOPOLDO & OLIVIA & DANIEL JTWROS, TRISTAN MUNOZ, EDWARD &
DONNA RAMSBOTTOM, TANNER & CASSANDRA WHITE
Project Summary
The Neighborhood Association received an Ignite Grant in 2023 from the City of South Bend to
update and replace their neighborhood entrance signs. They are proposing to use the existing
wood structures as the frames for new signage.
Requested Action
Variance(s):
1)from the requirement that a Place Identification Sign be designed as a monument sign
type to a yard sign type
2)from the maximum height for a Place Identification Sign of 8' to 10'
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#0297-24 November 4, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0297-24 November 4, 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 should not be injurious to the public health, safety, morals, and general
welfare of the community as the sign structures have existed for at least 30 years.
(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 properties included in the variance should not
be affected in a substantially adverse manner as the larger structures located at the
intersections of Ridgedale and Ironwood and Brookmede and Ironwood will be reduced in
size enhancing the aesthetics and creating a more modern and pleasing upgrade. All five
sign structures within the neighborhood will be freshened up with paint and new wood where
necessary, but still keep the "rustic charm" of the signs.
(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 properties as they would not be able to make use of and preserve the signs
identifying the neighborhood that have been in place for at least 30 years.
(4)The variance granted is the minimum necessary
The variance granted is the minimum necessary as they are decreasing the overall size of
three of the five structures, and the sign area will be 17 square feet where 32 square feet is
permitted.
(5)The variance does not correct a hardship cause by a former or current owner of
the property
The signs have been a fixture in the neighborhood for at least 30 years; prior to the current
owners of the properties included in the petition.
Analysis: The existing neighborhood entry signs have existed for over 30 years. By removing
the dilapidated portion of several of the sign structures and painting and adding wood where
necessary, they will be preserving the historic Twyckenham Hills identification signs.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board approve 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#0289-24 November 4, 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 Plan Commission send the Special Exception to the Common Council with an unfavorable recommendation.
Staff Report – BZA#0289-24 November 4, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4
Proposed Site Plan
Staff Report – BZA#0289-24 November 4, 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 November 4, 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