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HomeMy WebLinkAbout53-24 Special Exception at 809 Walnut Street City o f South u t h Bend County-City Building 227 W.Jefferson Blvd. 14005 BOARD OF ZONING APPEALS South Bend,IN 46601 (574) 235-7627 Filed in Clerk's Office November 5,2024 Common Council of South Bend Bianca Tirado 227 W.Jefferson Blvd,4th Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: 53-24:The petition of RODRIGUEZ FRANCISCO JAVIER BARCENAS seeking a Special Exception for to allow for a duplex use in the U1 Urban Neighborhood 1 for property located at 809 WALNUT Dear Council Members: I hereby Certify that the above referenced petition of RODRIGUEZ FRANCISCO JAVIER BARCENAS was legally advertised on September 27,2024,and that the South Bend Board of Zoning Appeals at its public hearing on November 4,2024,took the following action: Upon a motion by Kathy Schuth,being seconded by Kaine Kanczuzewski and unanimously carried,a petition by RODRIGUEZ FRANCISCO JAVIER BARCENAS seeking a Special Exception for to allow for a duplex use for property located at 809 WALNUT,City of South Bend, is sent to the Common Council with a FAVORABLE recommendation,and will issue written Findings of Fact. The staff comments related to this petition are attached.The Findings of Fact will be adopted at the next South Bend Board of Zoning Appeals meeting. Minutes of the public hearing are available in our office and will be posted on our website once approved. If you have any questions,please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist Attachment CC: RODRIGUEZ FRANCISCO JAVIER BARCENAS Building Department Bob Palmer 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 .,..iimiliF row, ..7,,„,_ ...„ 707, -_____ Al. 1,... Jo , _-:„ ._,, — . Y -§E.it=- MI I DUNHA SiliP M '1, r1129 ,/,, .-/, / - tikli I- 1 W 114 f . 4) ,, , , 4 i. 1 A.Atii t ' ..... ':: - ",, .....,74:-_,.--.---77-...: ;....„, Am ,, c _ Ski .• Nc MORN.•. t ..„ , wienta.:........ 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. Filed in Clerk's Office SOUTH BEND BOARD OF ZONING APPEALS NO v O 5 nr Page 1 of 4 Bianca Tirado City Clerk, South Bend, IN Staff Report-BZA#0289-24 October 7, 2024 Proposed Site Plan 1 , _r., i , _ • - , „.., •• • ., 4 1 , all s- *7.-_ -,00-41r4)1 r-f . 111111111111'. ,1 I sat I ,1 It 0 i- 1 •,,_ --- —,a -. .-- --' .,, . I a...a. i ,i anillinti 1 1 ."‘4: - srY tar immossmommerim r — ' - t • ,, f f? ' ,' 11' Ift •` $.1 A • . — 4 ' 4 ... , T 1 q II X I Z. ft.. I. - IS SINIVIN 5 15 S111UVH S -....t AP 11 .- — Lill 11;„ , „ • 111". n''. 35` 1 - . i -or ; , A , v a , ill - ••,,,,,,,:t ,,,,k . , i t. i • ' ill i i b C 1.5 inNlyms is inNmfm S 1r' Ito, . ,.......-.... t A,,, . ' ...AI ,..' . 4 .... 0 d 411 t gr,, ' ''`.-,,' '4' -`, e ,,or' t-ill, ellr t _. .. * ' -1 r.*i.• -',._,,•--- , .r.rwzr .4tw..„ ! At (74 . I plum aunt7 ann ' ..-1, :' ,• *...1 I 1' i • , r .'''' i ". ,E ..,--, 7-14:-; .., , k • '' i ' ; 1'r ,,. — r ,Al Le IR A....) • 4 -' Olt -I,aoupt a. ..- :..... ' -.','', im , -• ,,4 • _a ., . , -' .......t . • i i i li -, ."-' • I ' ". f• " . • • " 4 • -PReiff - .*''' S'''' { ' SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Staff Report— BZA#0289-24 October 7, 2024 Criteria for Decision Making: Special Exception 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, OF 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 to contain 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. SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Staff Report— BZA#0289-24 October 7, 2024 Analysis & Recommendation 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. SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 City of South Bend BOARD OF ZONING APPEALS September 12, 2024 Honorable Dr. Oliver Davis 4th Floor, County -City Building South Bend, IN 46601 RE: Special Exception at 809 Walnut Street Dear Committee Chair Dr. Davis: Filed in Clerk's Office S`^P 1 3 2O2i, Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your September 23, 2024, Council meeting and set it for public hearing at your October 14, 2024, Council meeting. The petition is tentatively scheduled for public hearing at the October 7, 2024, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Special Exception to allow for the use of a duplex. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Kari Myers Zoning Specialist CC: Bob Palmer County -City Building 1227 W. Jefferson South Bend, IN 46601 1574-235-7627 www.southbendin.gov/zoning Filed in Clerk's Office BILL NO. 53-24 ORDINANCE NO. SAP 1 3 2024 Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 809 WALNUT STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Special Exception to allow for the use of a duplex NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 809 Walnut Street, South Bend, IN 46619. 018-3084-3368 In order to permit a Two Unit Dwelling SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. that: SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Sharon McBride, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of , 2024, at o'clock . m. .m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of , 2024, at o'clock James Mueller, Mayor City of South Bend, Indiana 2 City of South Bend t' 3ao BOARD OF ZONING APPEALS VV. Jerrerson -quire South Bend. IN 46601 zoning@ southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number: -0co - 1 1- 35(1'OO .0 00 _ 02' r' iC �.kJ ll t �i 1� , %''!) C\ Address: �� L7 �n � �� 'R Owner: (8 Frc nc1` c,c-,J JCS t c'_ C iC ce_Pa3 Rcdt \ Z-- Zoning: Choose the current district t/ I Project Summary: Nile, \f►}‘G \ re M ode' \ fie- 1°06 gppecAru\c-Q- GS t} c a,\Je cx bud \ oovc 1�b+t✓n�tOngly �� vmot3 .„SC.,d For a S`(\gqle. fc i ly v1oyv tlowavec- r€, ode\,()c c),3ex.,t ov, Lk) e vIc d 1} w ck Ck k e_k G`M. O U h f O'F `� �pacu� that �vnvte� c,o:� CA. Mace. S pp j 'coo IN/) CA'O rA \-hG0-S G\ \mot 4 5 nc3\Q £LI4-1,71 Requested Action Q'r cm6 Coo\ w `i).p\Q, ProVQ,r-y Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested: D6L-0LE 7 Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: PAID Per `C 44 Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Required Documents ❑ Completed Application (including Criteria for Decision Making and Contact Information) ❑ Site Plan drawn to scale 7 Filing Fee Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: T 5 1--ANNC)cW:.\ C.c\ 'M ,)0Qc1G\ e \-r. spi .1C,tot\ o,ci G EkoCtiv \ y (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. because: T� `s:) Oev�nCC (-Gr `l\, V-Qe,o h0`,) I ‘ e,01C:6,s21-<_ CX U \ -hh (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: \ Q Used (4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Contact Information Property owner(s) of the petition site: Name: 1MCI SCO -)CNSCE. (\c ) (-Z66c\ \_\/ -CJ" )q— Address: 1'1% cL: G e 5 j' S©c /K Name: Address: Name: Address• Contact Person: Name: Address: Phone Number: .S >ZILt - 5 L , 746 CJ E-mail: Th (cr rd d r/ C3 C (Z 6 V.L'/ GL C//1 / C c9/1 By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (sLSignatures: