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HomeMy WebLinkAbout06.03.2024 MinutesSOUTH BEND BOARD OF ZONING APPEALS MINUTES Monday, June 3, 2024 4:00 p.m. MEMBERS PRESENT: Mark Burrell Francisco Fotia Kaine Kanczuzewski Kathy Schuth Caitlin Stevens PUBLIC HEARINGS: 4th Floor, Council Chambers County -City Building, South Bend, IN ALSO PRESENT: Tim Corcoran Kari Myers Amani Morrell Kate Bolze Michael Divita Jenna Throw 1. The petition of SHERMAN PARTNERS SB, LLC seeking the following variance(s): 1) from the maximum stories for a Detached House building type of 2.5 to 3; 2) to allow an accessory structure in the corner yard; and 3) to allow a 12' fence/wall in the corner yard, property located at 1345 MICHIGAN ST. Zoned OF Urban Neighborhood Flex. (Audio Position: 0: 03:31) STAFF REPORT The staff report was presented by Amani Morrell. Analysis: The variances will allow for eight new residential units that are contextually appropriate in scale and effectively address a highly trafficked thoroughfare. While the maximum height of a detached house is 2.5 stories, the proposed 3 story height is appropriate, as buildings are permitted up to a height of 4 stories in the OF zoning district and the maximum height for any building type in OF is 55'. The accessory dwelling unit in the corner yard addresses Angela Boulevard in the same way a primary building would, with a frontage type and sidewalk connection facing north towards the street. Staff Recommendation: Based on the information provided prior to the public hearing, Staff recommends the Board approve the variances as presented. Tim Corcoran appeared virtually and provided additional staff comments. PETITIONER Chris Godlewski, Senior Urban Planner, Abonmarche, 315 W Jefferson Blvd, South Bend, IN appeared in person to present on behalf of the petitioner. John Piraccini, Coldwell Banker, 1539 N Ironwood, South Bend, IN appeared in person to present. Charlie Vaugn, representing Sherman Partners SB, 209 29th Ave N, Ste 150, Nashville, TN appeared in person to present. INTERESTED PARTIES There was no one from the public to speak. PUBLIC COMMENT Mary Ellen O'Connell, 129 W North Shore Dr, South Bend, IN appeared in person to speak in opposition to the petition. Iris Giamo, 321 Wakewa Ave, South Bend, IN appeared in person to speak in opposition to the petition. 11Page .s City of South Bend BOARD OF ZONING APPEALS R F.RT JTTA T , Eric Kerke, Traditions Customs Builders, 923 N Hill Street, South Bend, IN appeared virtually to speak about the petition and offer rebuttal remarks. Chris Godlewski, Charlie Vaugn, and John Piraccini provided rebuttal remarks. ACTTON After careful consideration, the following action was taken: Upon a motion by Kaine Kanczuzewski, being seconded by Kathy Schuth and unanimously carried, a petition by SHERMAN PARTNERS SB, LLC seeking the following variances: 1) from the maximum stories for a Detached House building type of 2.5 to 3; 2) to allow an accessory structure in the corner yard; and 3) to allow a 12' fence/wall in the corner yard was approved as presented, subject to the fence/wall in the corner yard be a maximum of 6' in height, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Yes Kathy Schuth -Yes Francisco Fotia - Yes 2. The petition of RIVER WALK LLC seeking the following variance(s): 1) from the maximum building setback in the front yard of 15' to 30' for units 1-10; 2) to allow the main entrance of units 2-5 and 9 to not be located on the primary street; 3) from the maximum building length of a Townhome building type in a U3 district of 168' to 185'; and 4) from the maximum height of 3' for a solid wall in the front yard to 8', property located at 300 S ST. LOUIS BLVD (vacant lot). Zoned U3 Urban Neighborhood 3. (Audio Position: 0:55:33) STAFF REPORT The staff report was presented by Amani Morrell. Analysis: The proposed development is located on a complex parcel with a unique shape and steep slopes along Northside Boulevard and Saint Peter Street. The variance from the maximum setback accommodates for the topographical challenges. The proposed plans could be modified to accommodate for the unique site, while not requiring variances for main entrance on a primary street, building length, and the height of a wall in the front yard. Staff Recommendation: Based on the information provided prior to the public hearing, Staff recommends the Board approve variance 1 as presented and deny variances 2, 3, and 4 as presented. Staff notes that the petitioner has withdrawn variances 2 through 4, the hearing is now only for variance 1. PETITIONER Chris Godlewski, Senior Urban Planner, Abonmarche, 315 W Jefferson Blvd, South Bend, IN appeared in person to present on behalf of the petitioner. INTERESTED PARTIES There was no one from the public to speak. PUBLIC COMMENT There was no one from the public to speak. 21Page June 3, 2024 City of South Bend BOARD OF ZONING APPEALS ACTTON 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 RIVER WALK LLC seeking the following variances: 1) from the maximum building setback in the front yard of 15' to 30' for units 1-10 was approved as presented, subject to lots 2-4 will have a maximum setback of 18' and lots 8-10 will have a maximum setback of 30' while the remaining lots will meet the existing setback requirements, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Yes Kathy S chuth -Yes Francisco Fotia - Yes 3. The petition of JOVANNI C ROMERO VALAZQUEZ seeking the following variance(s): 1) from the maximum 3' solid fence in a front/corner yard to 6', property located at 326 and 322 BENDIX DR. Zoned U1 Urban Neighborhood 1. (Audio Position: 1: 02:05) STAFF REPORT The staff report was presented by Kari Myers. Analysis: There are no practical difficulties for the petitioner which would necessitate a 6' fence in this location. The fence is not consistent with the intent of the Ordinance. There is nothing preventing the fence from being installed 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 requested. PETITIONER Maria Romero, 326 S Bendix Dr, 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. ACTION 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 JOVANNI C ROMERO VALAZQUEZ seeking the following variances: 1) from the maximum 3' solid fence in a front/corner yard to 6' was denied as presented, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Yes Kathy Schuth -Yes Francisco Fotia - Yes 31Page June 3, 2024 City of South Bend BOARD OF ZONING APPEALS 4. The petition of ALECSANDER WOODSON seeking the following variance(s): 1) to allow two accessory structures without a primary, property located at 211 N. WALNUT ST. Zoned U1 Urban Neighborhood 1. (Audio Position: 1:11:56) STAFF REPORT The staff report was presented by Amani Morrell. Analysis: Granting the variance will allow for the existing structures to remain on the property as the accessory building is converted into a habitable primary structure. Staff Recommendation: Based on the information available prior to the public hearing, the Staff recommends the variance be granted as presented conditional to the property owner seeking new home permits by 6/3/26 and beginning construction by 6/3/27. PETITIONER Semaj Edmondson, 214 N Kenmore St, South Bend, IN appeared in person to present. INTERESTED PARTIES Vicky Blount, 212 N Studebaker St, South Bend, IN appeared in person to speak and ask questions about the petition. PUBLIC COMMENT Jason Pfledderer, with Walking with Jesus Ministries, 616 W LaSalle Ave, South Bend, IN appeared in person to speak in favor of the petition. ACTION After careful consideration, the following action was taken: Upon a motion by Kathy Schuth, being seconded by Francisco Fotia and unanimously carried, a petition by ALECSANDER WOODSON seeking the following variances: 1) to allow two accessory structures without a primary was approved as presented, subject to construction/building permits for a "new" house will be applied for/pulled by June 3rd, 2025 and construction will begin by June 3rd, 2026, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Yes Kathy Schuth -Yes Francisco Fotia - Yes 5. The petition of WALKING WITH JESUS MINISTRIES seeking the following variance(s): 1) from the minimum rear yard setback of 25' to 5'; 2) from the maximum lot coverage of 40% to 62%; and 3) from the maximum height for a detached house building type of 35' to 55', property located at 723 HAWBAKER ST. Zoned S1 Suburban Neighborhood 1. (Audio Position: 1:24:11) STAFF REPORT The staff report was presented by Kan' Myers. Analysis: There are no practical difficulties or unique characteristics that warrant the request for the variances. A large home addition could be built that conforms to the requirements of the zoning ordinance. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board deny all three variances as presented. 4 1 P a a e June 3, 2024 City of South Bend BOARD OF ZONING APPEALS PETITIONER Jason Pfledderer, Director of Walking with Jesus Ministries, 616 W LaSalle Ave, South Bend, IN appeared in person to present. INTERESTED PARTIES Judy Calahan, 52226 Surrey Trace, Granger, IN appeared in person to speak in opposition to the petition. Terry Wruble, 736 Hawbaker St, South Bend, IN appeared in person to speak in opposition to the petition. Arthur Gray, 704 Hawbaker St, South Bend, IN appeared in person to speak in opposition to the petition. A letter with a petition attached that had 21 signatures was recieved in opposition to the petition. An email from Lisa Jacob, 713 Hawbaker St, South Bend, In was received in opposition to the petition. PUBLIC COMMENT There was no one from the public to speak. REBUTTAL Jason Pfledderer provided rebuttal comments. ACTION After careful consideration, the following action was taken: Upon a motion by Caitlin Stevens, being seconded by Kathy Schuth and unanimously carried, a petition by WALKING WITH JESUS MINISTRIES seeking the following variances: 1) from the minimum rear yard setback of 25' to 5'; 2) from the maximum lot coverage of 40% to 62%; and 3) from the maximum height for a detached house building type of 35' to 55' was denied as presented, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Yes Kathy Schuth -Yes Francisco Fotia - Yes 6. The petition of VICKIE LYNN SLEEVI seeking the following variance(s): 1) from the required corner yard setback of 10' to 01, property located at 2125 BERKLEY PL. Zoned U1 Urban Neighborhood 1. (Audio Position: 1:52:23) STAFF REPORT The staff report was presented by Kari Myers. Analysis: Granting the variance will allow the covered stoop which addresses the side entrance while also providing an updated look to the home. 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 Vickie Sleevi, 2125 Berkley P1, South Bend, IN appeared in person to present. 5 1 P a g e June 3, 2024 City of South Bend BOARD OF ZONING APPEALS INTERESTED PARTIES Dorothy Wiliams, 2101 Berkley P1, South Bend, IN appeared in person to speak in favor of the petition. Dean Whitehead, 2117 Berkley Pl, South Bend, IN appeared in person to speak generally in favor of the petition but against and with concerns regarding the construction of the structure. Kristin Gingrich, 2105 Berkley Pl, South Bend, IN appeared in person to speak in favor of the petition. PUBLIC COMMENT There was no one from the public to speak. ACTION After careful consideration, the following action was taken: Upon a motion by Kathy Schuth, being seconded by Francisco Fotia and unanimously carried, a petition by VICKIE LYNN SLEEVI seeking the following variances: 1) from the required corner yard setback of 10' to 0' was approved as presented, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Yes Kathy Schuth -Yes Francisco Fotia - Yes 7. The petition of NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC seeking the following variance(s): 1) from the allowed 1 curb cut to 2; and 2) from the minimum 15' depth for a Type 3 buffer to 9' on the west, south and east property lines, property located at 17020 JACKSON ROAD. Zoned S1 Suburban Neighborhood 1. (Audio Position: 2:02:30) STAFF REPORT The staff report was presented by Amani Morrell. Analysis: Appropriate servicing and vehicle maneuvering could be accomplished on the site without the need for variances to increase the number of curb cuts or reduce the landscape buffering. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board deny the variances as presented. PETITIONER Bill Babcock, project manager for NIPSCO, 801 E 86`' Ave, Merillville, IN appeared virtually to present. Jackie Palmer, 45345 Five Mile Rd, Plymouth, IN appeared virtually to present on behalf of the petitioner and facilitate William appearing virtually. INTERESTED PARTIES There was no one from the public to speak. PUBLIC COMMENT There was no one from the public to speak. 6 1 P a a e June 3, 2024 City of South Bend BOARD OF ZONING APPEALS ACTION After careful consideration, the following action was taken: Upon a motion by Kathy Schuth, being seconded by Caitlin Stevens and unanimously carried, a petition by NORTHERN INDIANA PUBLIC SERVICE COMPANY LLC seeking the following variances: 1) from the allowed 1 curb cut to 2; and 2) from the minimum 15' depth for a Type 3 buffer to 9' on the west, south and east property lines was denied as presented, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Yes Kathy Schuth -Yes Francisco Fotia - Yes ITEMS NOT RE UIRING A PUBLIC HEARING 1. Findings of Fact - May 6, 2024 (Audio Position: 2:14:09) Upon a motion by Frank Fotia, being seconded by Kaine Kanczuzewski and unanimously carried, the findings of fact from the May 6, 2024 Board of Zoning Appeals meeting were approved. 2. Minutes - May 6, 2024 (Audio Position: 2:14:26) Upon a motion by Frank Fotia, being seconded by Kaine Kanczuzewski and unanimously carried, the minutes from the May 6, 2024 Board of Zoning Appeals meeting were approved. 3. Other Business Downtown Plan Design Week 4. Adjournment - 6:15 pm RESPECTFULLY SUBMITTED, i r • Chair ATTEST. TIM CORCORAN, Interim Secretary of the Board (Audio Position: 2:14:41) 71pege June 3, 2024