HomeMy WebLinkAbout12.2.24 MinutesSOUTH BEND BOARD OF ZONING APPEALS
MINUTES
Monday, December 2, 2024 4th Floor, Council Chambers
4:00 p.m. County -City Building, South Bend, IN
MEMBERS PRESENT:
Mark Burrell
Francisco Fotia
Kaine Kanczuzewski
Kathy Schuth
Caitlin Stevens
PUBLIC HEARINGS:
ALSO PRESENT:
Michael Divita
Kari Myers
Amani Morrell
Kelly Meehan
Jenna Throw
The petition of PARISI ROBERTO A REV TRUST & AS TRUSTEE seeking the
following variance(s): 1) from the maximum building height of 4 stories to 5 stories; 2)
from the maximum building width of 120' to 1981; and 3) from the requirement 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, property located at 1406 SOUTH BEND AVE
and 1412 SOUTH BEND AVE. Zoned OF Urban Neighborhood Flex.
(Audio Position: 06:41)
STAFF REPORT
The staff report was presented by Amani Morrell.
Analysis: The variance from 4 to 5 stories will allow for a non -occupiable, 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 and the
space is shifted away from residential properties to the east. The building width variance allows
for a sky walk 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 third
variance will only apply to fencing along the east property line.
PETITIONER — Angela Smith, Danch, Harper & Associates, 1643 Commerce Dr., South Bend,
presented on behalf of the petitioner.
INTERESTED PARTIES
James McCann, 1209 Garland St., was present and spoke in opposition to the petition.
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City of South Bend BOARD OF ZONING APPEALS
PUBLIC COMMENT
There was no one from the public to speak.
ACTION:
After careful consideration, the following action was taken:
Upon a motion by Franciso Fotia, being seconded by Caitlin Stevens and unanimously
carried, the petition of PARISI ROBERTO A REV TRUST & AS TRUSTEE seeking the
following variance(s): 1) from the maximum building height of 4 stories to 5 stories; 2) from
the maximum building width of 120' to 198'; and 3) from the requirement 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, property located at 1406 SOUTH BEND AVE and 1412 SOUTH BEND
AVE. Zoned OF Urban Neighborhood Flex was APPROVED as presented, and will issue
written findings of fact.
Caitlin Stevens - Yes
Kaine Kanczuzewski - Yes
Mark Burrell -Yes
Kathy Schuth -Yes
Frank Fotia - Yes
ITEMS NOT REQUIRING A PUBLIC HEARING
1. Findings of Fact — November 4, 2024
Upon a motion by Kathy Schuth and seconded by Caitlin Stevens and uninamously
carried, the findings of fact from the November 4, 2024, Board of Zoning Appeals
meeting were approved. Francisco Fotia abstained.
2. Minutes --- November 4 2024
Upon a motion by Kathy Schuth and seconded by Caitlin Stevens and uninamously
carried, the minutes from the November 4, 2024, Board of Zoning Appeals meeting were
approved. Francisco Fotia abstained.
3. Other Business — 2025 Calendar
4. Adjournment — 4:37PM
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City of South Bend BOARD OF ZONING APPEALS
RESPECTFULLY SUBMITTED,
ELL,
Chair
ATTEST:
TIM CORCORAN,
Interim Secretary of the Board
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