HomeMy WebLinkAbout02.3.25 BZA Meeting Minutes - (signed)SOUTH BEND BOARD OF ZONING APPEALS
MINUTES
Monday, February 3, 2025 4th Floor, Council Chambers
4:00 p.m. County -City Building, South Bend, IN
MEMBERS PRESENT:
Mark Burrell
Francisco Fotia
Kaine Kanczuzewski
Caitlin Stevens
PUBLIC HEARINGS:
ALSO PRESENT:
Tim Corcoran
Kari Myers
Amani Morrell
Michael Divita
Kelly Meehan
1 The petition of EAC SOUTH BEND LLC seeking the following variance(s): 1) to allow
a deck over 30" tall within the front setback, property located at 520 S. FRANCES ST.
Zoned Ul Urban Neighborhood 1. (Audio Position: 04:30)
STAFF REPORT
The staff report was presented by Amani Morrell.
Analysis: The deck will be designed as a frontage type with a connection to the City sidewalk
that meets the intent of the Ordinance.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board approve the variance as requested.
PETITIONER
Rob Manuszak, EAC South Bend LLC, 309 Logan 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:
1 1 P a g e
City of South Bend BOARD OF ZONING APPEALS
Upon a motion by Francisco Fotia, being seconded by Kaine Kanczuzewski and unanimously
carried, a petition by EAC SOUTH BEND LLC seeking the following variances: 1) to allow
a deck over 30" tall within the front setback was approved as presented, and will issue
written Findings of Fact.
Caitlin Stevens - Yes
Kaine Kanczuzewski - Yes
Mark Burrell -Yes
Francisco Fotia -Yes
2 The petition of SOUTH BEND ETHANOL LLC seeking the following variance(s): 1)
from the maximum height of 60' to 160' 5", property located at 3201 W CALVERT.
Zoned I Industrial.
(Audio Position: 07:39)
STAFF REPORT
The staff report was presented by Amani Morrell.
Analysis: Established standards, codes, engineering practices, and technical reports have been
utilized to design the Verbio renewable natural gas (RNG) process, which warrants equipment of
this height. The tallest structures will have minimal massing with a narrow footprint, and the
structures will be located over 2000' from the nearest residential properties.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board approve the variance as presented.
PETITIONER
Charles Tuskan, 18076 Erin Ct, South Bend, 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:
2 1 P a g e
City of South Bend BOARD OF ZONING APPEALS
Upon a motion by Francisco Fotia, being seconded by Caitlin Stevens and unanimously
carried, a petition by SOUTH BEND ETHANOL LLC seeking the following variances:
1) from the maximum height of 60' to 160' 5" was approved as presented, and will issue
written Findings of Fact.
Caitlin Stevens - Yes
Kaine Kanczuzewski - Yes
Mark Burrell -Yes
Francisco Fotia -Yes
3 The petition of MICHAEL AND JESSICA VOLL seeking the following variance(s): 1)
to allow a single unit dwelling directly along a street frontage, property located at 505
LAFAYETTE BLVD. Zoned NC Neighborhood Center. (Audio Position: 14:33)
TAFF REPORT
The staff report was presented by Kari Myers.
Analysis: Built as a single family residence in 1916 and converted to commercial use in the
1970's, conversion back to a one unit dwelling is desirable and preserves the historic nature of
the property.
Staff Recommendation: Based on the information available prior to the public hearing, the Staff
recommends the Board approve the variance as requested.
PETITIONER
Michael Voll, owner, 505 Lafayette, 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 Kaine Kanczuzewski and unanimously
carried, a petition by MICHAEL AND JESSICA VOLL seeking the following variances:
1) to allow a single unit dwelling directly along a street frontage was approved as presented,
and will issue written Findings of Fact.
3 1 P a g e
City of South Bend BOARD OF ZONING APPEALS
Caitlin Stevens - Yes
Kaine Kanczuzewski - Yes
Mark Burrell -Yes
Francisco Fotia -Yes
4 The petition of SINGH JANPAL seeking the following variance(s): 1) to allow 3 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 3624 MCKINLEY
AVE. Zoned C Commercial. (Audio Position: 24:19)
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 and the location of the existing building create design
challenges for the proposed use. The waiting spaces in the front/corner yard will be buffered by
landscaping, 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 subject to the conditions that
streetscape trees be planted along McKinley Avenue and Logan Street at approximately 30'
intervals and that an access easement is established with the property to the south.
PETITIONER
John Kirk, 55200 Birchwood Ct, appeared in person on behalf of the petitioner 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 Kaine Kanczuzewski and unanimously
carried, a petition by SINGH JANPAL seeking the following variances:
4 1 P a g e
City of South Bend BOARD OF ZONING APPEALS
1) to allow 3 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.
Caitlin Stevens - Yes
Kaine Kanczuzewski - Yes
Mark Burrell -Yes
Francisco Fotia -Yes
5 The petition of JOHNSON JENNIFER HUNT seeking the following variance(s): 1)
from the 3' maximum fence height in an established front/corner yard to 61, property
located at 2245 E MADISON. Zoned S1 Suburban Neighborhood 1.
(Audio Position: 33:28)
STAFF REPOR
The staff report was presented by Kari Myers.
Analysis: Due to the topography of the rear yard, and McKinley Avenue being a busy street
without sidewalks, approving a privacy fence in the established corner yard with an I F setback
from the property line and 25' setback from McKinley Avenue would allow the property owner
adequate use of the lot while meeting the intent of the Ordinance.
Staff Recommendation: Based on the information available prior to the public hearing, the Staff
recommends the Board approve the variance as requested.
PFTTTTONF.R
Jennifer Hunt Johnson, owner, 2245 Madison St, appeared in virtually 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 JOHNSON JENNIFER HUNT seeking the following variances:
5 1 P a g e
City of South Bend BOARD OF ZONING APPEALS
1) from the 3' maximum fence height in an established front/corner yard to 6' was approved
as presented, and will issue written Findings of Fact.
Caitlin Stevens - Yes
Kaine Kanczuzewski - Yes
Mark Burrell -Yes
Francisco Fotia -Yes
6 The petition of PARISI ROBERTO A REV TRUST & AS TRUSTEE seeking the
following variance(s): from the maximum building width of a Stacked Flats building
type in OF Urban Neighborhood Flex of 120' to 198, property located at 1412 SOUTH
BEND AVE. Zoned OF Urban Neighborhood Flex. (Audio Position: 37:35)
STAFF REPORT
The staff report was presented by Amani Morrell.
Analysis: The building width variance allows for an exterior hallway connection between two
structures that read as separate and zoning compliant buildings with appropriate massing along
the street.
Staff Recommendation: Based on the information provided prior to the public hearing, the staff
recommends the Board approve the variance as presented.
PETITIONER
Sam Lima, KIL Architects, 1126 LWE, appeared in person on behalf of the petitioner 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 PARISI ROBERTO A REV TRUST & AS TRUSTEE seeking the
following variances: from the maximum building width of a Stacked Flats building type in
6 1 P a g e
City of South Bend BOARD OF ZONING APPEALS
OF Urban Neighborhood Flex of 120' to 198 was approved as presented, and will issue
written Findings of Fact.
Caitlin Stevens - Yes
Kaine Kanczuzewski - Abstain
Mark Burrell -Yes
Francisco Fotia -Yes
ITEMS NOT REQUIRING A PUBLIC HEARING
1. Findings of Fact - Upon a motion by Francisco Fotia and seconded by Caitlin Stevens
and uninamously carried, the findings of fact from the January 6, 2025, Board of Zoning
Appeals meeting were approved
2. Minutes - Upon a motion by Francisco Fotia and seconded by Caitlin Stevens and
uninamously carried, the minutes from the January 6, 2025, Board of Zoning Appeals
meeting were approved
3. Other Business — Jenna Throw advised the board that there will need to be an executive
session and a public meeting scheduled to discuss the Lamar pending litigation.
4. Adjournment — 4:42pm
RESPECTFULLY SUBMITTED,
K BURRELL,
Chair
ATTEST:
sh� L"—'
TIM CORCORAN,
Interim Secretary of the Board
7 1 P a g e