HomeMy WebLinkAbout12.02.24 BZA Agenda Packet
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City of South Bend
BOARD OF ZONING APPEALS
AGENDA
Monday, December 2, 2024 - 4:00 p.m.
County-City Building
Fourth-Floor Council Chambers
www.tinyurl.com/sbbza
PUBLIC HEARING:
1.Location: 1406 SOUTH BEND AVE and 1412 SOUTH BEND AVE BZA#0298-24
Owner: PARISI ROBERTO A REV TRUST & AS TRUSTEE
Requested Action:
Variance(s):
1)from the maximum stories in UF Urban Neighborhood Flex of 4 stories to 5 stories
2)from the maximum building width of a Stacked Flats building type in UF Urban
Neighborhood Flex of 120' to 198'
3)from the requirement in the NNZO Northeast Neighborhood Zoning Overlay district that
any portion of a fence that exceeds 5' in height consist of a decorative element at least
50% open for the side and rear fence
Zoning: UF Urban Neighborhood Flex
ITEMS NOT REQUIRING A PUBLIC HEARING:
1.Findings of Fact – November 4, 20242. Minutes – November 4, 2024
3.Other Business2025 Calendar 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 7
Staff Report – BZA#0298-24 December 2, 2024
Property Information
Location: 1406 SOUTH BEND AVE and 1412 SOUTH BEND AVE
Owner: PARISI ROBERTO A REV TRUST & AS TRUSTEE
Project Summary
A 4 story, multi-unit condominium project featuring a hallway connection between buildings on the
upper floors and an enclosed rooftop area.
Requested Action
Variance(s):
1)from the maximum stories in UF Urban Neighborhood Flex of 4 stories to 5 stories
2)from the maximum building width of a Stacked Flats building type in UF Urban
Neighborhood Flex of 120' to 198'
3)from the requirement in the NNZO Northeast Neighborhood Zoning Overlay district that any
portion of a fence that exceeds 5' in height consist of a decorative element at least 50%
open for the side and rear fence
Site Location
Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board approve the variances as presented subject to the condition that the fence variance will only apply to fencing along the east property line.
Staff Report – BZA#0298-24 December 2, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 7
Proposed Site Plan
Staff Report – BZA#0298-24 December 2, 2024
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Proposed Site Plan
Staff Report – BZA#0298-24 December 2, 2024
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Proposed Site Plan
Staff Report – BZA#0298-24 December 2, 2024
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Proposed Site Plan
Staff Report – BZA#0298-24 December 2, 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 space will be minimally visible from the
street and will be shifted away from adjacent residential properties, further limiting external
impacts. The building width variance will allow for a hallway-only connection on the upper
floors between two structures, which will read as separate, zoning-compliant buildings. The
variance from the NNZO fence standards will allow for the repair/replacement of any
portions of an existing fence that may be damaged during construction.
(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 space will be minimally visible from the street or adjacent properties. The building
width variance will allow for an indoor walkway connection between two structures that read
as distinct and zoning-compliant buildings with appropriate massing along the street. The
fence variance will allow for repair of sections of an existing fence that may be damaged
during construction. The fence will allow for additional screeing between the new parking lot
and the residential properties to the east.
(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 along a major thoroughfare near the edge of the Notre Dame campus
that supports a higher density project. The height of the rooftop amenity space will fall under
the maximum 55' height of a UF zoned property. 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 private rooftop space that is minimally visible from the street. A strict
application of the ordinance would not allow for the building in its current design, although
the building reads as two separate and zoning-compliant structures, thereby meeting the
intent of the ordinance.
(4)The variance granted is the minimum necessary
The variances granted are the minimum necessary. The limited footprint of the small rooftop
space will not have an impact on the perceived massing of the building from the street.
Similarly, the upper floor walkway connection will still allow for a building that reads as twoseparate and zoning-compliant structures with appropriate massing along the street. The
fence variance will allow for the replacement of damaged portions of an existing fence.
Criteria for Decision Making: Variance(s)
Staff Report – BZA#0298-24 December 2, 2024
SOUTH BEND BOARD OF ZONING APPEALS Page 7 of 7
(5)The variance does not correct a hardship cause by a former or current owner of
the property
This area adjacent to a major thoroughfare near the edge of the Notre Dame campus
supports a higher density project. The first variance would allow for a small rooftop amenity
space that is minimally visible from the street and falls within the maximum height in the UF
zoning district. The second variance responds to a unique situation in which two distinct
structures connected by an exterior hallway are measured as a single building that exceeds
the maximum permitted width while still meeting the intent of the ordinance. The third
variance would allow for the replacement of portions of an existing fence damaged during
construction, allowing for continued buffering between this project and adjacent residences.
Analysis: The variance from 4 to 5 stories will allow for a non-residential, private rooftop space
with limited visibility from the street or adjacent properties. The proposed space is contextually
appropriate as the property lies adjacent to a wide and highly trafficked thoroughfare, has a view
of the Notre Dame campus, and is shifted away from residential properties to the east. The
building width variance allows for a skywalk connection between two structures that read as
separate and zoning-compliant buildings. The fence variance allows for the replacement of any
portions of an existing fence that are damaged during construction.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board approve the variances as presented, subject to the condition that the
fence variance will only apply to fencing along the east property line.
Analysis & Recommendation