HomeMy WebLinkAbout10.04.21 BZA Agenda Packet
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City of South Bend
BOARD OF ZONING APPEALS
AGENDA
Monday, October 4, 2021 - 4:00 p.m.
County-City Building
Fourth-Floor Council Chambers
www.tinyurl.com/sbbza
PUBLIC HEARING:
1. Location: 1152 BOWMAN ST BZA#0080-21
Owner: ESTELA MACEDO CARRANZA
Requested Action: Variance(s): 1) from the minimum 5' side setback to 2'
Zoning: U1 Urban Neighborhood 1
2. Location: 1224 SUNNYMEDE AVE BZA#0082-21
Owner: JOHN & LAURIE PINTER
Requested Action: Variance(s): 1) From the minimum 5' side setback to 0'
Zoning: U1 Urban Neighborhood 1
3. Location: 1032 NAPIER ST BZA#0083-21
Owner: SOUTH BEND PENTECOSTAL CHURCH OF GOD IN CHRIST
Requested Action: Variance(s): 1) to allow an accessory structure on a lot without a primary
building
Zoning: U1 Urban Neighborhood 1
4. Location: 1710 Turtle Creek Drive BZA#0081-21
Owner: 1710 TURTLE CREEK LLC
Requested Action: Variance(s): 1) From the 120' maximum building width to 350'
Special Exception: Shared Housing
Zoning: U3 Urban Neighborhood 3
ITEMS NOT REQUIRING A PUBLIC HEARING:
1. Findings of Fact – September 7, 2021
2. Minutes – September 7, 2021
3. Other Business
4. Adjournment
NOTICE FOR HEARING AND SIGN IMPAIRED PERSONS
Auxiliary Aid or other services may be available upon request at no charge. Please give reasonable
advance request when possible.
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0080-21 October 4, 2021
Property Information
Location: 1152 BOWMAN ST
Owner: ESTELA MACEDO CARRANZA
Project Summary
Addition to existing garage within the side setback.
Requested Action
Variance(s): 1) from the minimum 5' side setback to 2'
Site Location
Staff Recommendation
Based on the information available prior to the public hearing the staff recommends the
Board approve the variance as presented, subject to ensuring there are no encroachments
on adjacent properties and retaining all water run-off on site.
Staff Report – BZA#0080-21 October 4, 2021
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0080-21 October 4, 2021
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community
The approval should not be injurious to the public health, safety, morals and general welfare
of the community. The garage already exists at the 2' setback. The proposed variance is
requested to allow the petitioner to expand the garage at its current setback.
(2) The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner
The use and value of the area adjacent to the property should not be affected in a
substantially adverse manner. The garage already exists at the desired setback and is
simply being extended. The neighborhood developed with a pattern of detached garages
being installed at or near the property line. This is not out of character for the existing
neighborhood.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
The strict application of the Zoning Ordinance would prohibit for the expansion of an existing
structure. However, maintaining the same setback will allow the improvement to look more
cohesive and simplify the roof line.
(4) The variance granted is the minimum necessary
The variance granted is the minimum necessary to extend the garage without encroaching
further into the side setback than already exists.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The garage being extended was built in 1929 when the house was constructed. Both were
permitted at the time at their existing setbacks.
Analysis: Provided the owner can retain the water run-off from the roof, extending the existing
garage at the same setback should not adversely impact the surrounding properties or the
general welfare of the community. The surrounding neighborhood developed with a pattern of a
detached garages installed at or near the property lines.
Staff Recommendation: Based on the information available prior to the public hearing the
staff recommends the Board approve the variance as presented, subject to ensuring there are
no encroachments on adjacent properties and retaining all water run-off on site.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0082-21 October 4, 2021
Property Information
Location: 1224 SUNNYMEDE AVE
Owner: JOHN & LAURIE PINTER
Project Summary
The detached garage at this property was severely damaged in the storm of Jun 27, 2021 and
needs to be replaced. Will reuse existing concrete pad. The garage is within five (5) feet of the
property line and needs a variance to be rebuilt.
Requested Action
Variance(s): 1) From the minimum 5' side setback to 0'
Site Location
Staff Recommendation
Based on the information available prior to the public hearing, the staff recommends the
Board approve the variance as presented, subject to ensuring there are no encroachments on
adjacent properties and retaining all water run-off on site.
Staff Report – BZA#0082-21 October 4, 2021
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0082-21 October 4, 2021
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community
Because this is a replacement of an existing garage in a near identical side setback, it
should not affect the general welfare of the community. Allowing the setback variance will
preserve the historical development pattern of the neighborhood.
(2) The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner
The current structure was damaged in a storm. Replacing the damaged garage with a new
structure should not adversely affect the use or value of the adjacent property.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Due to the original placement of the house, garage, and driveway a strict adherence to the
side setback would force the garage into an impractical location making maneuverability of
the cars difficult and dangerous.
(4) The variance granted is the minimum necessary
The neighborhood developed with a pattern of detached garages being installed at or near
the property line. In order to reuse the existing foundation and due to the physical
constraints of the site, the 0' setback is the minimum necessary.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The garage being replaced was built in 1928 when the house was constructed. Both were
permitted at the time.
Analysis: Provided the owner can retain the water run-off from the roof, building a new garage
at a similar side setback as the existing garage should not adversely impact the surrounding
properties or the general welfare of the community. The surrounding neighborhood of
Sunnymede developed with a pattern of detached garages being installed at or near the
property lines. Approving the variance would be in line with the established neighborhood
development.
Staff Recommendation: Based on the information available prior to the public hearing, the
staff recommends the Board approve the variance as presented, subject to ensuring there are
no encroachments on adjacent properties and retaining all water run-off on site.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0083-21 October 4, 2021
Property Information
Location: 1032 NAPIER ST
Owner: SOUTH BEND PENTECOSTAL CHURCH OF GOD IN CHRIST
Project Summary
To allow the church to build a garage on the vacant lot for a church bus.
Requested Action
Variance(s): 1) to allow an accessory structure on a lot without a primary building
Site Location
Staff Recommendation
Based on the information available prior to the public hearing, the staff recommends the Board
approve the variance as presented, subject to the garage being a minimum of 75' from the front lot
line.
Staff Report – BZA#0083-21 October 4, 2021
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0083-21 October 4, 2021
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community
The approval of the variance should not be injurious to the public health, safety, morals and
general welfare of the community. If approved the placement of the garage will be in a
similar placement of a garage at the location if a single family house existed on the site. By
accessing the alley the garage should have minimal impacts on any surrounding properties.
(2) The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner
The use and value of the area adjacent to the property should not be affected in a
substantially adverse manner. By using the rear of the lot for a garage, this location will
return to a use which it previously held when a garage was located on the property. As the
petitioner owns the property immediately to the south, the garage will be monitored and
maintained as if the garage was on the same parcel as the primary use.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
An alley separates the two properties under common ownership creating a practical difficulty
in the use of the property. Strict application of the Zoning Ordinance would not allow for the
petitioner to place a garage on their property even though their primary use of a church is
immediately across the alley.
(4) The variance granted is the minimum necessary
The variance granted is the minimum necessary to allow the petitioner to use the property.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The variance does not correct a hardship caused by a former or current owner. The
variance is necessitated by the existence of the alley which was not established by any
existing or previous property owners.
Analysis: The petitioner owns property immediately south of the subject property for the
primary use of a church. The placement of the garage on the vacant parcel is technically an
accessory structure on a lot without a primary structure, but in practice the relationship between
the garage and the church will be the same as if the two were on the same parcel.
Staff Recommendation: Based on the information available prior to the public hearing, the staff
recommends the Board approve the variance as presented, subject to the garage being a
minimum of 75' from the front lot line.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4
Staff Report – BZA#0081-21 October 4, 2021
Property Information
Location: 1710 Turtle Creek Drive
Owner: 1710 TURTLE CREEK LLC
Project Summary
Proposed redevelopment of 1710 North Turtle Creek Drive (Campus View). The proposed project
includes townhouses, three-story garden buildings, three-story wrapped buildings, and a three and
a half story parking garage. The project would include a mix of studios, one, two, and four bedroom
units.
Requested Action
Special Exception: Shared Housing
Variance(s): 1) From the 120' maximum building width to 350'
Site Location
Staff Recommendation
Based on the information available prior to the public hearing, the Staff recommends the Board
send the Special Exception to the Common Council with a favorable recommendation. The staff
recommends approval of the variance for buildings not fronting on a public street.
Staff Report – BZA#0081-21 October 4, 2021
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4
Proposed Site Plan
Staff Report – BZA#0081-21 October 4, 2021
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4
A Special Exception may only be granted upon making a written determination, based
upon the evidence presented at a public hearing, that:
(1) The proposed use will not be injurious to the public health, safety, comfort,
community moral standards, convenience or general welfare;
The proposed use should not be injurious to public health, safety, or general welfare of the
community. The site is well suited for Shared Housing as it is near to the Notre Dame
campus. This site is currently being used for student rentals, with the majority of the units
occupying more than 2 unrelated individuals. The demolition of the current older units for
new apartments used in a similar manner should not have an injurious impact on the
general welfare of the community.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
The proposed use will lead to a large investment in a property which is nearing the end of its
forecasted life cycle. The proposed use of Shared Housing is consistent with the use
currently on the site. Developed in compliance with the ordinance, the proposed
development will allow reinvestment in the property, which should not adversely impact use
or value of surrounding properties.
(3) The proposed use will be consistent with the character of the district in which it is
located and the land uses authorized therein;
The proposed use of Shared Housing is consistent with the character of the surrounding
area which has a large presence of existing apartments and student rentals. The
redevelopment of the site will further bring the property inline with the new zoning standards
in place since 2020.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
The proposed use is compatible with the Comprehensive Plan. The Comprehensive Plan
recommends "Encourage residential developments to contain a mix of housing types,
densities, price ranges, and amenities. (Policy H1.1) This proposed development is in line
with the recommendation from the Comprehensive Plan by helping establish a mix of
housing types across several different size options ranging from studios to four bedroom
apartments.
State statutes and the Zoning Ordinance require that certain standards must be met before a
variance can be approved. The standards and their justifications are as follows:
(1) The approval will not be injurious to the public health, safety, morals and general
welfare of the community
Criteria for Decision Making: Special Exception
Criteria for Decision Making: Variance(s)
Staff Report – BZA#0081-21 October 4, 2021
SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4
The proposed variance should not affect the public health, safety or general welfare of the
community. The proposed variances are for portions of the site not visible from public right-
of-way. All buildings will be designed to current building and fire codes.
(2) The use and value of the area adjacent to the property included in the variance will
not be affected in a substantially adverse manner
The use and value of the adjacent properties should not be adversely affected by the
variance to allow the interior buildings to exceed 120' maximum width. This is a primarily
commercial, mixed-use, and multi-family residential area. The proposed development is
consistent with the surrounding area.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
The strict application of the ordinance would make it difficult to develop the interior portion of
the sign in a way that allows an adequate mix of parking and residential units. The largest
building interior to the lot surrounds a parking garage and will not be visible from the public
right-of-way.
(4) The variance granted is the minimum necessary
The variance requested is based on the interior building, which is designed around a parking
garage. The buildings adjacent to the public right of way have been designed to comply with
the ordinance.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The hardship is generally created by the overall size of the parcel. The proposed variance
will allow the efficient development of the site without impacting the portion of the site visible
from the public street.
Analysis: Allowing the proposed use of Shared Housing will further the ability to redevelop the
site and add investment to the area. The site is currently used as student housing in a
development nearing the end of its life cycle. The proposed use will lead to a large investment
into the area without significantly changing the current land use. The redevelopment will bring
this 11 acre parcel into compliance with the updated development standards established in the
current Zoning Ordinance. Approving the variance for the interior portion of the site will allow for
more flexibility in design and support the construction of a garage to support the increased
density. By maintaining code compliant buildings on the interior of the lot, the development
reflects the intent of the Ordinance to the general public.
Staff Recommendation: Based on the information available prior to the public hearing, the
Staff recommends the Board send the Special Exception to the Common Council with a
favorable recommendation. The staff recommends approval of the variance for buildings not
fronting on a public street.
Analysis & Recommendation