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HomeMy WebLinkAbout09.03.24 MinutesSOUTH BEND BOARD OF ZONING APPEALS MINUTES Tuesday, September 3, 2024 4th Floor, Council Chambers 4:00 p.m. MEMBERS PRESENT: Francisco Fotia Kaine Kanczuzewski Kathy Schuth Caitlin Stevens PUBLIC HEARINGS: County -City Building, South Bend, IN MEMBERS ABSENT: Mark Burrell ALSO PRESENT: Tim Corcoran Mike Divita Amani Morrell Kari Myers Jenna Throw The petition of NOBLE AMERICAS SOUTH BEND ETHANOL LLC seeking the following variance(s): To allow a roof mounted sign on a building in an I Industial zoned parcel, property located at 3201 CALVERT ST. Zoned I Industrial. (Audio Position: 6:50) STAFF REPORT The staff report was presented by Kari Myers. Analysis: Allowing a roof sign on this property would not be out of character for the general vicinity as a building can be up to 60' in height in the I Industrial district and the building with the 6' sign will still be well below the maximum allowed building height. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board approve the variance as presented. PETITIONER Garry Potts, Professional Permits, 58171 Dragonfly, Osceola appeared in person 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. ACTION After careful consideration, the following action was taken: I I P a g e City of South Bend BOARD OF ZONING APPEALS Upon a motion by Kaine Kanczuzewski, being seconded by Francisco Fotia and unanimously carried, a petition by NOBLE AMERICAS SOUTH BEND ETHANOL LLC seeking the following variances: To allow a roof mounted sign on a building in an I Industial zoned parcel was approved as presented, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Absent Kathy Schuth -Yes Francisco Fotia - Yes 2 The petition of MATTHEW OSMER seeking the following variance(s): To allow a second accessory structure, property located at 4022 EASTMONT DR. Zoned S1 Suburban Neighborhood 1. (Audio Position: 14:30) STAFF REPORT The staff report was presented by Amani Morrell. Analysis: A 12x24' shed would be out of character with the neighborhood and would not meet the intent of the ordinance. A 1 Ox12 shed or an addition to the existing garage would be permitted by right and increase the storage capacity at the property. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board deny the variance as presented. PETITIONER Matthew Osmer, 4022 Eastmont Dr 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 Caitlin Stevens, being seconded by Francisco Fotia and unanimously carried, a petition by MATTHEW OSMER seeking the following variances: To allow a second accessory structure was denied as presented, and will issue written Findings of Fact. 2 1 P a g e City of South Bend BOARD OF ZONING APPEALS Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Absent Kathy Schuth -Yes Francisco Fotia - Yes 3 The petition of SBW INVESTMENT LLC seeking the following variance(s): From the maximum wall signage area on the north facade of 223.8 sq ft to 339 sq ft and from the maximum wall signage area on the west facade of 310 sq ft to 339 sq ft, property located at 4444 W WESTERN AVE. Zoned C Commercial. (Audio Position: 23:35) 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. The petitioner has other options to install code compliant signs that do not require a variance. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board deny the variance as presented. PFTTTTONFR Charles Schalliol, Sight Enhancement Services, 600lNimtz Pkwy appeared in person on behalf of petitioner. 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 carried, a petition by SBW INVESTMENT LLC seeking the following variances: From the maximum wall signage area on the north facade of 223.8 sq ft to 339 sq ft and from the maximum wall signage area on the west facade of 310 sq ft to 339 sq ft was tabled as presented. Caitlin Stevens - Yes 3 1 P a g e City of South Bend BOARD OF ZONING APPEALS Kaine Kanczuzewski - Yes Mark Burrell -Absent Kathy Schuth -Yes Francisco Fotia - Yes 4 The petition of ST JAMES PROTESTANT EPISCOPAL CHURCH seeking the following variance(s): From the maximum front facade setback in a DT zoning district of 10' to 161, property located at 111 LAFAYETTE BLVD and 101 N. LAFAYETTE Boulevard. Zoned DT Downtown. (Audio Position: 42:10) STAFF REPORT The staff report was presented by Amani Morrell. Analysis: The variance allows for the construction of a narrow vestibule with an entrance lobby and elevator, ensuring safe and equitable access by meeting modern accessibility standards. The increased setback will allow the addition to be both functional for accessibility and harmonious with the existing building. With long term plans to enhance the courtyard space between the addition and the street, the intent of the ordinance is met to create a pedestrian -oriented environment that offers street front activation. Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the variance be granted as presented. PETITIONER Joe Dzierla, Architect, 319 S Main St, South Bend, IN 46601 appeared in person on behalf of Elizabeth Burman. 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 Caitlin Stevens, being seconded by Kaine Kanczuzewski and unanimously carried, a petition by ST JAMES PROTESTANT EPISCOPAL CHURCH seeking the following variances: From the maximum front facade setback in a DT zoning district of 10' to 16' was approved as presented, and will issue written Findings of Fact. 4 1 P a g e City of South Bend BOARD OF ZONING APPEALS Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Absent Kathy Schuth -Yes Francisco Fotia - Yes 5 The petition of ABYWESTERN INC seeking the following variance(s): 1) To allow 2.5 waiting spaces for a drive through facility in the front yard; and 2) To allow 0.5 waiting spaces for a drive through facility in the corner yard, property located at 4902 WESTERN AVE. Zoned C Commercial. (Audio Position: 57: 09) STAFF REPORT The staff report was presented by Amani Morrell. Analysis: Drive through facilities are permitted by right in the C Commercial zoning district, but the shallow configuration of the corner lot creates design challenges for the proposed use. The waiting spaces in the front/comer yard will be buffered by landscaping and the replacement of 3 existing curb cuts with new treelawn, limiting the impact on surrounding properties and pedestrians. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board approve the variances as presented. PETITIONER Jay Cook 3333 Warrenville Rd, Lisle IL appeared virtually on behalf of Abywestern INC. INTERESTED PARTIES There was no one from the public to speak. PUBLIC COMMENT There was no one from the public to speak. ACTTON After careful consideration, the following action was taken: Upon a motion by Kaine Kanczuzewski, being seconded by Caitlin Stevens and unanimously carried, a petition by ABYWESTERN INC seeking the following variances: 1) To allow 2.5 waiting spaces for a drive through facility in the front yard; and 2) To allow 0.5 waiting spaces for a drive through facility in the corner yard was approved as presented, and will issue written Findings of Fact. 5 1 P a g e City of South Bend BOARD OF ZONING APPEALS Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Absent Kathy Schuth -Yes Francisco Fotia - Yes 6 The petition of PINNACLE WEALTH INVESTMENTS LLC seeking a Special Exception to allow Dwelling, 2 Units, property located at 1006 BEALE ST. Zoned U1 Urban Neighborhood 1. (Audio Position: 1: 04) STAFF REPORT The staff report was presented by Amani Morrell. Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is currently vacant. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the petition to the Common Council with a favorable recommendation, as presented. PETITIONER Nick Benninghoff, part owner, 332 N Ironwood 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 Caitlin Stevens, being seconded by Francisco Fotia and unanimously carried, a petition by PINNACLE WEALTH INVESTMENTS LLC seeking a Special Exception for Dwelling, 2 Units for property located at 1006 BEALE ST, City of South Bend, is sent to the Common Council with a favorable recommendation, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell - Absent 6 1 P a g e City of South Bend BOARD OF ZONING APPEALS Kathy Schuth - Yes Francisco Fotia - Yes 7 The petition of LUIS CASTILLO AND FABIOLA GARCIA seeking a Special Exception to allow a Retail and Service, General use, property located at 623 OLIVE ST. Zoned OF Urban Neighborhood Flex. (Audio Position: 1:10) STAFF REPO The staff report was presented by Amani Morrell. Analysis: The building was designed and has historically been utilized as a corner retail/service space. The neighborhood scale retail space will enhance the surrounding area, 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 Fabiola Garcia, 623 Olive St appeared in person to present. INTERESTED PARTIES There was no one from the public to speak. PUBLIC COMMENT Sheila Niezgodski 4942 Scenic Dr appeared in person to inquire if the special exception would travel with the building if the proposed business does not open. ACTION After careful consideration, the following action was taken: Upon a motion by Francisco Fotia, being seconded by Caitlin Stevens and unanimously carried, a petition by LUIS CASTILLO AND FABIOLA GARCIA seeking a Special Exception for a Retail and Service, General use for property located at 623 OLIVE ST, City of South Bend, is sent to the Common Council with a favorable recommendation, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell - Absent Kathy Schuth - Yes 7 1 P a g e City of South Bend BOARD OF ZONING APPEALS Francisco Fotia - Yes ITEMS NOT REQUIRING A PUBLIC HEARING 1. Findings of Fact- July 1, 2024 and August 5, 2024 2. Minutes — July 1, 2024 and August 5, 2024 3. Other Business 4. Adjournment — 5:22 P.M. RESPECXUI, j SUBMITTED, Kathy Chair ATTEST: TIM CORCORAN, Interim Secretary of the Board 8 1 P a g e