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HomeMy WebLinkAbout10.07.2024 MinutesSOUTH BEND BOARD OF ZONING APPEALS MINUTES Monday, October 7, 2024 4th Floor, Council Chambers 4:00 p.m. MEMBERS PRESENT: Mark Burrell Francisco Fotia Kaine Kanczuzewski (Virtual) Kathy Schuth Caitlin Stevens PUBLIC HEARINGS: County -City Building, South Bend, IN ALSO PRESENT: Tim Corcoran Karl Myers Michael Divita Amani Morrell Jenna Throw Kelly Meehan 1. The petition of LUCEY JOHN W & NANCY T seeking the following variance(s): 1) From the minimum 5' rear yard setback for a carriage house to 1.7'; 2) From the minimum 5' side yard setback for a carriage house to 1.65'; and 3) From the maximum height of 18' to a height of 251, property located at 307 E Pokagon St and 307 POKAGON ST. Zoned Ul Urban Neighborhood 1. (Audio Position.: 08:34) STAFF REPORT The staff report was presented by Kari Myers. Analysis: Expanding the footprint and height of a legal non -conforming structure within the minimum required setbacks would be out of character with the surrounding area and would not meet the intent of the ordinance. The ample rear yard space could be utilized to build a carriage house meeting the required setbacks. Further, with a 5' setback from the alley, the carriage house could be built to a height of 26' by right. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board deny the variances as presented_ PETITIONER Chet Gamble. 825 Academy Rd., Culver, IN, appeared in person on behalf of the petitioner to present. Brendan Crumlish, 3215 Sugar Maple Ct., South Bend, appeared in person on behalf of the petitioner. INTERESTED PARTIES Jody Wiseman, 306 Angela Blvd., South Bend, appeared in person in opposition to the variance request. 11Page City of South Bend BOARD OF ZONING APPEALS Tom Anderson, 310 Angela Blvd., South Bend, appeared in person in opposition to the variance request. PUBLIC COMMENT There was no one from the public to speak. REBUTTAL Chris Lucey, home owner, appeared virtually in rebuttal of the opposition. 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 LUCEY JOHN W & NANCY T seeking the following variances: 1) From the minimum 5' rear yard setback for a carriage house to 17; 2) From the minimum 5' side yard setback for a carriage house to 1.65'; and 3) From the maximum height of 18' to a height of 25' 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 2. The petition of MONTGOMERY ROBERT EDWARD seeking the following variance(s): 1) From the minimum 5' side yard setback to 0' for a garage addition, property located at 559 RIVER AVE. Zoned U1 Urban Neighborhood 1.(Audio Position: 38: 34) STAFF REPORT The staff report was presented by Kari Myers. Analysis: The garage location and design responds to the layout of the existing house, the unique design requirements of a home in a historic overlay district, the character of the surrounding area, and the fact that the parcel is a corner lot without alley access. Requiring the garage to be shifted from its current location would necessitate a reconfiguration of the existing house, covering multiple windows and reorienting an exterior door. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board approve the variance as presented. PPTiTIONF.R 21Page City of South Bend BOARD OF ZONING APPEALS Robert Montgomery, 559 River Ave., South Bend, Owner, 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 Francisco Fotia. being seconded by Caitlin Stevens and unanimously carried, a petition by MONTGOMERY ROBERT EDWARD seeking the following variances: 1) From the minimum 5' side yard setback to 0' for a garage addition 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 3. The petition of TAMMY PROPERTIES LLC seeking the following variance(s): 1) From the maximum height of 18' to 22' for an accessory structure, property located at 2205 CORBY BLVD. Zoned S1 Suburban Neighborhood 1. (Audio Position: 44: '1) STAFF REPORT The staff report was presented by Karl Myers. Analysis: There are no practical difficulties or unique characteristics that support the requested variance. The petitioner increased the height of the garage roof without first obtaining a building permit. There is nothing preventing the roof from being constructed in conforniance 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 presented. PETITIONER Arturo DiRosa, Owner, 2205 Corby Blvd.. South Bend, appeared in person to present. 3 1 P a g e City of South Bend BOARD OF ZONING APPEALS 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 Kathy Schuth, being seconded by Francisco Fotia and unanimously carried, a petition by TAMMY PROPERTIES LLC seeking the following variances: 1) From the maximum height of l 8' to 22' for an accessory structure 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 4. The petition of Brennans Walk Holdings, LLC seeking the following variance(s): 1) From the maximum height in an NC zoning district of 55' to 661; and 2) From the maximum stories in an NC zoning district of 4 stories to 5 stories, property located at 1705 SOUTH BEND AVE. Zoned NC Neighborhood Center. (Audio Position: 55: _'0) STAFF REPORT The staff report was presented by Kari Myers. Analysis: The variances will allow for a non -occupiable, private rooftop space that will not be visible from the street. The proposed space is contextually appropriate as the property lies adjacent to a wide and highly trafficked thoroughfare and is surrounded on all sides by medium - to -high density housing and commercial spaces. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board approve the variances as presented. PFTTTIONFR Angela Smith, Danch, Harner,& Associates, 1643 Commerce Dr, appeared in person on behalf of the petitioner to present. INTERESTED PARTIES 41Page City of South Bend BOARD OF ZONING APPEALS William Doher, 1410 Ivy Ct. appeared in person in support of the variances with written commitments. Sherry Scott, HOA Mgr, 1408 Ivy Ct. appeared in person in support of the variances. Ed Walsh, New Haven , Ct. Jamison resident, appeared virtually in support of the variances with written commitments. Mike Gate, Concord, OH, Jamison resident, appeared virtually in support of the variances with written commitments. PUBLIC COMMENT Tim Corcoran appeared in person in support of the variances. REBUTTAL Angela Smith offered a rebuttal to all concerns and agreed with the written commitments requested by the interested parties within 300' of the property. After careful consideration, the following action was taken: Upon a motion by Francisco Fotia, being seconded by Kathy Schuth and carried, a petition by Brennans Walk Holdings, LLC seeking the following variances: 1) From the maximum height in an NC zoning district of 55' to 66'; and 2) From the maximum stories in an NC zoning district of 4 stories to 5 stories was approved as presented, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Abstain Mark Burrell -Yes Kathy Schuth -Yes Francisco Fotia - Yes 5. The petition of RODRIGUEZ FRANCISCO JAVIER BARCENAS seeking a Special Exception to allow to allow for a duplex use, property located at 809 WALNUT. Zoned Ut Urban Neighborhood 1. (.4udio Position: 1hr:.30) STAFF REPORT The staff report was presented by Kari Myers. Analysis: This one unit dwelling was illegally converted 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 Ul zoned parcel, preliminary review is necessary to ensure that a converted two unit dwelling will be consistent with the character of the neighborhood. 51Paae City of South Bend BOARD OF ZONING APPEALS 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. PETITIONER Francisco Javier Barcenas Rodriguez, 809 Walnut St., South Bend, Owner, appeared in person to present. INTERESTED PARTIES Kevin Wooding, 821 S Walnut, South Bend, appeared in person in opposition of the special exception. Linnie Caye, 821 S Walnut, South Bend, sent a letter in opposition of the special exception. Victoria Kucharski, 805 S Walnut, South Bend, sent a letter of support of the special exception. PUBLIC COMMENT There was no one from the public to speak. REBUTTAL Voted to table the request for L month to meet with staff to come to a resolution for the property. ACTION After careful consideration, the following action was taken: Upon a motion by Francisco Fotia. being seconded by Kathy Schuth 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 tabled. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell - Yes Kathy Schuth - Yes Francisco Fotia - Yes 6 1 P a - e City of South Bend BOARD OF ZONING APPEALS 6. The petition of KRAMER KERRI A seeking a Special Exception to allow a Restaurant use, property located at 812 LASALLE AVE. Zoned OF Urban Neighborhood Flex. (Audio Position: 1hr: 0) STAFF REPORT The staff report was presented by Kari Myers. Analysis: The building was designed and has historically been utilized as retail/service space. Introducing a restaurant will activate the building and enhance the neighborhood by offering a new local amenity. Staff Recommendation: Based on the 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 Mark Kramer, 71115 Grafalcon Ct., Niles, MI, Owner, appeared in person to present. Tom Thang, 1308 Crimson Leaf Dr.. Goshen, IN, business owner, 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. A f Trf1N 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 KRAMER KERRI A seeking a Special Exception for a Restaurant use for property located at 812 LASALLE AVE, 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 - Yes Kathy Schuth - Yes Francisco Fotia - Yes 71Page City of South Bend BOARD OF ZONING APPEALS 7. The petition of LUIS CASTILLO AND FABIOLA GARCIA seeking a Special Exception to allow a Restaurant use, property located at 623 OLIVE ST. Zoned OF Urban Neighborhood Flex. (Audio Position: Ihr:59) STAFF REPORT The staff report was presented by Kari Myers. Analysis: The building was designed and has historically been utilized as a corner retail/service space. The neighborhood scale restaurant space, primarily serving healthy shakes and smoothies, will aim to serve local patrons with quality health products and 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, Owner, 623 Olive St, 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 Kathy Schuth, being seconded by Francisco Fotia and unanimously carried, a petition by LUIS CASTILLO AND FABIOLA GARCIA seeking a Special Exception for a Restaurant 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 - Yes Kathy Schuth - Yes Francisco Fotia - Yes 8 1 P a g e City of South Bend BOARD OF ZONING APPEALS ITEMS NOT REQUIRING A PUBLIC HEARING 1. Findings of Fact - July 1, 2024, August 5, 2024, September 3, 2024 The Board of Zoning Appeals unanimously approved the findings of fact from the July 1, 2024 meeting The Board of Zoning Appeals unanimously approved the findings of fact from the August 5, 2024 meeting The Board of Zoning Appeals unanimously approved the findings of fact from the September 3, 2024 meeting 2. Minutes - July 1, 2024, August 5, 2024, September 3, 2024 The Board of Zoning Appeals unanimously approved the minutes from the July 1, 2024 meeting The Board of Zoning Appeals unanimously approved the minutes from the August 5, 2024 meeting The Board of Zoning Appeals unanimously approved the minutes from the September 3, 2024 meeting 3. Other Business 4. Adjournment 6:02 P.M. RESPECTFULLY SUBMITTED, 4§K:1ddRR-- , Chair ATTEST: TIM CORCORAN, Interim Secretary of the Board 91Page