HomeMy WebLinkAbout07.01.2024 MinutesSOUTH BEND BOARD OF ZONING APPEALS
MINUTES
Monday, July 1, 2024 4th Floor, Council Chambers
4:00 p.m. County -City Building, South Bend, IN
MEMBERS PRESENT:
Mark Burrell
Francisco Fotia
Kaine Kanczuzewski
PUBLIC HEARINGS:
MEMBERS ABSENT:
Kathy Schuth
Caitlin Stevens
ALSO PRESENT:
Kari Myers
Amani Morrell
Michael Divita
Jenna Throw
Kate Bolze
1 The petition of JEFFREY P AND HALRUN LUPPES seeking the following
variance(s): 1) to allow the unfinished side of a fence to face outward from the property,
property located at 1615 COLFAX AVE. Zoned S1 Suburban Neighborhood 1. (Audio
Position: 0: 04: 05)
STAFF REPORT
The staff report was presented by Kari Myers.
Analysis: There are no practical difficulties or unique characteristics that warrant the request for
the variance. An alternative fence design, such as a shadow box fence or double -sided fence,
could be installed that would conform to the ordinance while also providing a finished side to
face inward to the property.
Staff Recommendation: Based on the information provided prior to the public hearing, staff
recommends the Board deny the variance as presented.
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Jeffrey and Halrun Luppes, 1615 Colfax Ave., South Bend, IN, appeared in person to present.
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
There was no one from the public to speak.
After careful consideration, the following action was taken:
Upon a motion by Francisco Fotia, being seconded by Kaine Kanczuzewski and unanimously
carried, a petition by JEFFREY P AND HALRUN LUPPES seeking the following
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City of South Bend BOARD OF ZONING APPEALS
variances: 1) to allow the unfinished side of a fence to face outward from the property was
denied as presented, and will issue written Findings of Fact.
Caitlin Stevens - Absent
Kaine Kanczuzewski - Yes
Mark Burrell -Yes
Kathy Schuth -Absent
Francisco Fotia - Yes
2 The petition of INDIANA MICHIGAN POWER COMPANY seeking the following
variance(s): 1) to allow a fence constructed of barbed wire, property located at 6480
Adams Road. Zoned I Industrial.
(Audio Position: 0:16.20)
STAFF REPORT
The staff report was presented by Amam Morrell.
Analysis: Barbed wire is reserved for specific uses in the City, including utility sites such as
electrical substations. While a security fence is permitted surrounding this property and meets
the intent of the ordinance, allowing barbed wire on top of the fence is not appropriate for a
service center.
Staff Recommendation: Based on the information available prior to the public hearing, the Staff
recommends the Board deny the variance as presented.
PETITIONER
Mona Livingston, 2929 Lathrop St., South Bend, IN, appeared in person to present.
Gerrick Doss, AEP, 1 Riverside Plaza, Columbus, OH, appeared virtually.
INTERESTED PARTIES
Kathie Bieschke, 24440 Adams Rd., South Bend, IN, appeared in person to speak in opposition
to tree removal.
Wendy Wolfe, 51084 Orange Rd., South Bend, IN, appeared in person to speak in opposition to
tree removal.
PUBLIC COMMENT
There was no one from the public to speak.
After careful consideration, the following action was taken:
Upon a motion by Francisco Fotia, being seconded by Kaine Kanczuzewski and unanimously
carried, a petition by INDIANA MICHIGAN POWER COMPANY seeking the following
variances: 1) to allow a fence constructed of barbed wire was approved as presented, and will
issue written Findings of Fact.
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City of South Bend BOARD OF ZONING APPEALS
Caitlin Stevens - Absent
Kaine Kanczuzewski - Yes
Mark Burrell -Yes
Kathy Schuth -Absent
Francisco Fotia - Yes
3 The petition of JAIME BAUTISTA PLATA seeking the following variance(s): 1) from
the minimum side -yard setback of 5' to 2' for the existing house and constructed porch,
property located at 4202 WASHINGTON ST. Zoned Ul Urban Neighborhood 1. (Audio
Position: 0:47:43)
STAFF REPORT
The staff report was presented by Kari Myers.
Analysis: Granting the variance will allow the new enlarged porch to remain with a 2' side
setback. The request is consistent with the character of the area and meets the intent of the
Ordinance.
Staff Recommendation: Based on the information available prior to the public hearing, the staff
recommends the Board approve the variance as requested.
PETITIONER
Jaime Bautista Plata, 4202 Washington St., South Bend, appeared in person to present.
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
There was no one from the public to speak.
After careful consideration, the following action was taken:
Upon a motion by Francisco Fotia, being seconded by Kaine Kanczuzewski and unanimously
carried, a petition by JAIME BAUTISTA PLATA seeking the following variances: 1) from
the minimum side -yard setback of 5' to 2' for the existing house and constructed porch was
approved as presented, and will issue written Findings of Fact.
Caitlin Stevens - Absent
Kaine Kanczuzewski - Yes
Mark Burrell -Yes
Kathy Schuth -Absent
Francisco Fotia - Yes
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City of South Bend BOARD OF ZONING APPEALS
4 The petition of KATIKI S LIPSCOMB seeking a Special Exception to allow a
Restaurant, property located at 1830 LEER ST. Zoned OF Urban Neighborhood Flex.
(Audio Position: 0:50:29)
STAFF REPORT
The staff report was presented by Amani Morrell.
Analysis: The building was designed and has historically been utilized as a corner retail/service
space. Introducing a restaurant will activate the building and enhance the neighborhood by
offering 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.
PETITIONER
Jermaine Bennett, 3443 S. Main St., South Bend, IN, appeared in person to present.
INTERESTED PARTIES
There was no one from the public to speak.
PUBLIC COMMENT
There was no one from the public to speak.
After careful consideration, the following action was taken:
Upon a motion by Kaine Kanczuzewski, being seconded by Francisco Fotia and unanimously
carried, a petition by KATIKI S LIPSCOMB seeking a Special Exception for a Restaurant
for property located at 1830 LEER ST, City of South Bend, is sent to the Common Council
with a favorable recommendation, and will issue written Findings of Fact.
Caitlin Stevens - Absent
Kaine Kanczuzewski - Yes
Mark Burrell - Yes
Kathy Schuth - Absent
Francisco Fotia - Yes
ITEMS NOT REQUIRING A PUBLIC HEARING
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City of South Bend BOARD OF ZONING APPEALS
1. Findings of Fact
June 3, 2024 (Audio Position: 0:54.25)
Upon a motion by Francisco Fotia, being seconded by Kaine Kanczuzewski and unanimously
carried, the findings of fact from the June 3, 2024, Board of Zoning Appeals meeting were
approved.
2. Minutes (Audio Position: 0.55.43)
June 3. 2024
Upon a motion by Francisco Fotia, being seconded by Kaine Kanczuzewski and unanimously
carried, the minutes from the June 3, 2024, Board of Zoning Appeals meeting were approved.
3. Other Business
4. Adjournment — 4:55 p.m.
RESPECTFULLY SUBMITTED,
RK J.
Chair
ATTEST:
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TIM CORCORAN,
Interim Secretary of the Board
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