HomeMy WebLinkAbout09-08-20 BZA Agenda Packet
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City of South Bend
BOARD OF ZONING APPEALS
AGENDA
Tuesday, September 8, 2020 - 4:00 p.m.
Howard Park Event Center
219 S. St. Louis; South Bend, 46617
VARIANCES – 4:00 p.m.
1. Location: 107 EDISON AVE BZA#0025-20
Owner: MARINA AGUILAR
Requested Action: Variance(s): 1) From the 3' maximum fence height in an established front
and corner yard to 6'
Zoning: U1 Urban Neighborhood 1
2. Location: 2710 SAMPSON ST BZA#0026-20
Owner: SHERRI L HOLLAND
Requested Action: Variance(s): 1) From the 6' maximum fence height to 8' along the rear
property line
Zoning: S1 Suburban Neighborhood 1
3. Location: 905 STANFIELD ST and 911 STANFIELD ST BZA#0029-20
Owner: ROBBY H RASK TRUST & PAMELA P RASK TRUST
Requested Action: Variance(s): 1) From the 70' maximum lot width in the NNZO Overlay
District to 103'
Zoning: U1 Urban Neighborhood 1
SPECIAL EXCEPTIONS – 4:30 p.m.
4. Location: 316 E MONROE BZA#0027-20
Owner: WSJM INC
Requested Action: Special Use: a wireless communication tower in the NC Neighborhood
Center District
Zoning: NC Neighborhood Center
5. Location: 4303 TECHNOLOGY DR BZA#0028-20
Owner: PATTERSON LOGISTICS SERVICES INC
Requested Action: Special Use: heavy industrial uses in the I Industrial District
Zoning: I Industrial
6. Location: the northwest corner of W Wayne Street and S Scott Street BZA#0030-20
Owner: SOUTH BEND HERITAGE FOUNDATION INC
Requested Action: Special Use: 2 unit dwellings in the U1 Urban Neighborhood District
Zoning: U1 Urban Neighborhood 1
City of South Bend BOARD OF ZONING APPEALS
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ITEMS NOT REQUIRING A PUBLIC HEARING:
1. Findings of Fact
2. Minutes
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#0025-20 September 8, 2020
Property Information
Location: 107 EDISON AVE
Owner: MARINA AGUILAR
Project Summary
Construction of a 6' privacy fence.
Requested Action
Variance(s): 1) From the 3' maximum fence height in an established front and corner yard to 6'
Site Location
Staff Recommendation
Based on the information provided prior to the public hearing, the staff recommends the Board
deny the variance as presented.
Staff Report – BZA#0025-20 September 8, 2020
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0025-20 September 8, 2020
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
While out of character with the area, approval of this variance would not be injurious to the
public health or safety of the community.
(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 proposed fence is out of character with the area, which could have an impact on the
value of surrounding properties. Houses in this neighborhood are set back a considerable
distance with the expectation that fences will not be placed in an established front or corner
yard. No other houses in the immediate vicinity have a fence in front of the house.
(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 terms of this Chapter would not result in practical difficulties in
the use of the property. A shorter, code compliant fence can still provide security and
privacy to the property. Aesthetic preference is not a practical difficulty.
(4) The variance granted is the minimum necessary
The variance asked for is not the minimum necessary. The applicant is requesting a 6'
privacy fence to extend to the edge of the property lines along Washington Street.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
There is no hardship on the property. The lot is a typical corner lot with no unique features
differentiating it from other corner lots.
Analysis: There are no practical difficulties for the petitioner which would necessitate a 6' fence
in this location. The proposed fence is out of character for the area and not consistent with the
intent of the ordinance.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board deny the variance as presented.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0026-20 September 8, 2020
Property Information
Location: 2710 SAMPSON ST
Owner: SHERRI L HOLLAND
Project Summary
Install a privacy fence that is 8' along the back
Requested Action
Variance(s): 1) From the 6' maximum fence height to 8' along the rear property line
Site Location
Staff Recommendation
The staff recommends the Board approve the variance as presented.
Staff Report – BZA#0026-20 September 8, 2020
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0026-20 September 8, 2020
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 the fence will only be located along a rear property line, the addition of a taller
fence should not be injurious to public health, safety, or general welfare of the community.
(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
Due to the unique circumstances of the property and the fact that the fence will only be
along the rear property line, the 8' fence should not affect adjacent properties.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Because of the grade change along the rear property, strict application would result in a
fence this is effectively much shorter.
(4) The variance granted is the minimum necessary
The variance requested is for 2' of additional height for the fence. This is the minimum
necessary to provide the privacy while addressing the grade change at the rear of the
property. Also, by limiting the increased height to along the rear property, the petitioner is
attempting to request the minimum variance necessary.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The unique topography of the site was not caused by the current or any former owners.
Analysis: Due to the unique circumstances of the property, the 8' fence is an appropriate
response to the applicant wishing for privacy in their back yard while not negatively impacting
the neighborhood.
Staff Recommendation: The staff recommends the Board approve the variance as presented.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0029-20 September 8, 2020
Property Information
Location: 905 STANFIELD ST and 911 STANFIELD ST
Owner: ROBBY H RASK TRUST & PAMELA P RASK TRUST
Project Summary
Raze two existing houses and one accessory structure to replace them with a new house.
Requested Action
Variance(s): 1) From the 70' maximum lot width in the NNZO Overlay District to 103'
Site Location
Staff Recommendation
Based on the information provided prior to the public hearing, the staff recommends the Board
approve the variance as presented.
Staff Report – BZA#0029-20 September 8, 2020
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0029-20 September 8, 2020
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
Approval of the variance will not be injurious to the public health, safety, morals and general
welfare of the community. Establishment of the larger lot should not negatively impact the
surrounding community.
(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 area adjacent to the property is primarily one-unit dwellings. Establishing a larger lot
size for a new one-unit dwelling should not adversely affect the surrounding area.
(3) The strict application of the terms of this Chapter would result in practical
difficulties in the use of the property
Strict application of the ordinance would require a portion of the land to either be subdivided
or sold to another entity. The remainder of the lot is not being developed at this time, but the
proposed development would meet all the development standards for a 70' wide lot and a
33’ wide lot if or when the property is subdivided in the future.
(4) The variance granted is the minimum necessary
The proposed variance is the minimum necessary to provide enough space for a second
house to be constructed on the southern lot, meeting the intent of the ordinance.
(5) The variance does not correct a hardship cause by a former or current owner of
the property
The proposed variance does not correct a hardship caused by a former or current owner of the
property. The proposed house is consistent with the requirements of the ordinance and is sited
on the property in such a way that would still allow for this to be developed as two compliant
buildable lots.
Analysis: Strict application of the ordinance would require a portion of the land to either be
subdivided or sold to another entity. The remainder of the lot is not being developed at this time,
but the proposed development would meet all the development standards for a 70' wide lot and
a 33’ wide lot if or when the property is subdivided in the future. This solution meets the intent of
the ordinance by preserving the ability for two houses to be constructed where two once
existed.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board approve the variance as presented.
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0027-20 September 8, 2020
Property Information
Location: 316 E MONROE
Owner: WSJM INC
Project Summary
Install a new 189' mono-pole adjacent to the west side of the existing building.
Requested Action
Special Exception: a wireless communication tower in the NC Neighborhood Center District
Site Location
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.
Staff Report – BZA#0027-20 September 8, 2020
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0027-20 September 8, 2020
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
The petitioner is seeking a Special Exception to allow:
a wireless communication tower in the NC Neighborhood Center District
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;
Approval of the Special Exception will not be injurious to the public health, safety, morals
and general welfare of the community. The construction of the proposed wireless
communication tower will allow for the adaptive reuse of a currently vacant building which
should be beneficial to the general welfare of the surrounding neighborhood.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
With proper screening, the proposed wireless communication tower should nto affect the
use or value of adjacent 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;
NC Neighborhood Center district permits a mixture of storefront retail, professional offices,
and dwelling units. The proposed wireless communication tower will aid in the reuse of this
site as a professional office for a local broadcasting company and is consistent with the mix
of uses located along this corridor.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
City Plan (2006) recommends the City "Stimulate the rehabilitation and adaptive reuse of
property in the city." (Objective ED1). By approving the Special Exception, the possibility of
rehabilitation and adaptive ruse of a vacant property in the city increases.
Analysis: The proposed construction of a wireless communication tower will further allow the
adaptive reuse of the existing building without posing a detriment to the surrounding
neighborhood.
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.
Analysis & Recommendation
Criteria for Decision Making: Special Exception
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0028-20 September 8, 2020
Property Information
Location: 4303 TECHNOLOGY DR
Owner: PATTERSON LOGISTICS SERVICES INC
Project Summary
Install exterior storage tanks which hold chemicals/aerosols used in the manufacturing process.
Requested Action
Special Exception: heavy industrial uses in the I Industrial District
Site Location
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.
Staff Report – BZA#0028-20 September 8, 2020
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0028-20 September 8, 2020
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
The petitioner is seeking a Special Exception to allow:
heavy industrial uses in the I Industrial District
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;
As the proposed use is in an area comprised exclusively of industrial uses, a heavy
industrial use should not be injurious to the public health, safety, comfort, community moral
standards, convenience or general welfare.
(2) The proposed use will not injure or adversely affect the use of the adjacent area or
property values therein;
As the entire adjacent area is zoned as an I Industrial District with industrial land uses, a
modest heavy industrial use should not adversely affect the surrounding area.
(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 heavy industry is consistent with the character of the district in which it
is located and the surrounding land uses.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
City Plan (2006) Objective ED2 recommends the city "Retain existing businesses and recruit
new ones to the city". Allowing heavy industry use on this site will help recruit a new
business to the city in an appropriately located area.
Analysis: The current zoning of all neighboring properties is I Industrial and the subject
property is located in an industrial park. This is a suitable location for heavy industrial uses,
which should not negatively impact the broader community and should help recruit a new
business to the city.
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.
Analysis & Recommendation
Criteria for Decision Making: Special Exception
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0030-20 September 8, 2020
Property Information
Location: the northwest corner of W Wayne Street and S Scott Street
Owner: SOUTH BEND HERITAGE FOUNDATION INC
Project Summary
To construct three duplex structures on vacant lots.
Requested Action
Special Exception: 2 unit dwellings in the U1 Urban Neighborhood District
Site Location
Staff Recommendation
Based on information available prior to the public hearing, the staff recommends the Board of
Zoning Appeals send the Special Exception petition to the Common Council with a favorable
recommendation.
Staff Report – BZA#0030-20 September 8, 2020
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0030-20 September 8, 2020
SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3
The petitioner is seeking a Special Exception to allow:
2 unit dwellings in the U1 Urban Neighborhood District
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;
Approval of the Special Exception will not be injurious to the public health, safety, morals
and general welfare of the community. The scale of the proposed duplexes are comparable
to a one-unit dwelling and will be used for residential use. Reactivating vacant lots will
provide more residents to the neighborhood, thereby increasing safety and 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;
Adding duplexes on currently vacant lots adjacent to parcels zoned NC Neighborhood
Center should not injure or adversely affect the use of the adjacent area or property values.
The addition of the duplexes will provide more residential opportunities for the
neighborhood. New construction that fits the scale of the current residential properties
should strengthen nearby property values.
(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 current context of the neighborhood provides a mix of one-unit dwellings, small-scale
apartments and institutional uses. This duplex will be consistent with the character of the
district and neighborhood in both uses and style of construction.
(4) The proposed use is compatible with the recommendations of the Comprehensive
Plan.
City Plan (2006) Policy H1.1 recommends the city "Encourage residential developments to
contain a mix of housing types, densities, price ranges, and amenities.” This proposed
duplex is in line with the recommendation from the Comprehensive Plan by helping to
establish a mix of housing types.
Analysis: Allowing 2-unit dwellings will help with the creation of more diverse and affordable
housing types. With proper design, these housing types blend well with the character and scale
of existing urban neighborhoods. With its location in a fairly walkable urban neighborhood that
is close to downtown and transit routes, this property is suited for 2-unit dwellings.
Staff Recommendation: Based on information available prior to the public hearing, the staff
recommends the Board of Zoning Appeals send the Special Exception petition to the Common
Council with a favorable recommendation.
Analysis & Recommendation
Criteria for Decision Making: Special Exception