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HomeMy WebLinkAbout08.04.25 BZA Agenda Packet 1 | Page City of South Bend BOARD OF ZONING APPEALS AGENDA Monday, August 4, 2025 - 4:00 p.m. County-City Building Fourth-Floor Council Chambers www.tinyurl.com/sbbza-2025 Meeting Recordings - https://tinyurl.com/BZAmeetingrecordings PUBLIC HEARING: 1.Location: 1022 ST LOUIS BLVD BZA#0339-25 Owner: Kerrigan Family Trust Requested Action: Variance(s): from a two (2) car garage to a three (3) car garage [21- 05.02(f)(4)(A)i] Zoning: U1 Urban Neighborhood 1 2.Location: 505-513 MICHIGAN ST BZA#0340-25 Owner: The Monreaux , LLC Requested Action: Variance(s): from the maximum building width for a shop building type of 150' to 198' (21-08.02(k)(3)) Zoning: DT Downtown 3.Location: 221 IRONWOOD DR BZA#0341-25 Owner: Carley Hamilton Requested Action: Variance(s): to permit Personal Care & Services (Beauty Shop) (21- 06.01(k)(13)) as a Home Occupation (21-06.02(f)(12)) in Urban Neighborhood 1 (U1) Zoning: U1 Urban Neighborhood 1 4.Location: 606 BLAINE AVE and 608 BLAINE AVE BZA#0342-25 Owner: Affordable Homematters Indiana, LLC Requested Action: Variance(s): from the minimum side setback of 5' to 2' (21-03.03(d)) Zoning: U1 Urban Neighborhood 1 5.Location: 1300 MAYFLOWER RD BZA#0343-25 Owner: CITY OF SOUTH BEND Requested Action: Variance(s): from the maximum freestanding sign height of 8' to 15' (Table 21-10B); and from the minimum base width for the widest part of the sign face of 75% to 57% (21-10.05(e)(4)(B)) Zoning: OS Open Space City of South Bend BOARD OF ZONING APPEALS 2 | Page ITEMS NOT REQUIRING A PUBLIC HEARING: 1.Findings of Fact- July 7, 2025 2.Minutes- July 7, 2025 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. Board Member Appointing Agency Term Start Term End Caitlin Stevens Mayoral Appointee 1/1/2024 12/31/2027 Francisco Fotia Plan Commission Appointee 1/1/2024 12/31/2027 Kaine Kanczuzewski Common Council Appointee 1/1/2023 12/31/2026 Mark Burrell Mayoral Appointee 1/1/2024 12/31/2027 SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report – BZA#0339-25 August 4, 2025 Property Information Location: 1022 ST LOUIS BLVD Owner: Kerrigan Family Trust Project Summary The petitioner seeks to establish a third bay in the garage to permit the parking of three cars. Requested Action Variance(s): from a two (2) car garage to a three (3) car garage [21-05.02(f)(4)(A)i] Site Location Staff Recommendation Based on the information available prior to the public hearing, Staff recommends the Board deny the variance as written. Staff Report – BZA#0339-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0339-25 August 4, 2025 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 will not be injurious to the public health, safety, morals, and general welfare of the community. It is adding a garage bay to an approved structure. (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 included in the variance will not be affected in a substantially adverse manner. The structure itself is by right, this is opening a wall to be a garage bay. (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 result in no practical difficulties in the use of the property. The owner can still use the garage as it functions and has 70' of frontage to park on the street for additional vehicles. (4) The variance granted is the minimum necessary The variance granted would be the minimum necessary. It is increasing the number of garage bays permitted in the NNZO from two (2) to three (3). (5) The variance does not correct a hardship cause by a former or current owner of the property The variance granted is correcting a hardship caused by the current owner of the property. This is the hardship of not being able to store three (3) vehicles in a garage instead of two (2) as laid out by the building plans. Analysis: With a two car garage and available on street parking spaces, the lack of a third garage bay would not present a hardship. Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Board deny the variance as written. Analysis & Recommendation Criteria for Decision Making: Variance(s) SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report – BZA#0340-25 August 4, 2025 Property Information Location: 505 MICHIGAN ST and 507 MICHIGAN ST and 507 MICHIGAN ST and 513 MICHIGAN ST Owner: The Monreaux , LLC Project Summary The petitioner intends to construct a mixed-use development featuring apartments, live-work units, and retail space. Requested Action Variance(s): from the maximum building width for a shop building type of 150' to 198' (21- 08.02(k)(3)) Site Location Staff Recommendation Based on the information available prior to the public hearing, Staff recommends the Board approve the variance as written. Staff Report – BZA#0340-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Proposed Site Plan Staff Report – BZA#0340-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 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 will not be injurious to the public health, safety, morals, and general welfare of the community. This development is adding mixed use development to a vacant lot, which should increase safety by providing more activity and people living in the area. (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 included in the variance will not be affected in a substantially adverse manner. The addition of mixed-use development should raise the value of area adjacent to the property by having more people living in the area interacting with the neighboring commercial uses. (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 result in practical difficulties in the use of this property. Only a small portion of this development is serving as a by-right retail space. If that retail space were removed, the building type would change to stacked flats (200’ maximum building width) and be permitted by right. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. The building is just large enough to provide a continuous structure for its half-block development site along Michigan Street. (5) The variance does not correct a hardship cause by a former or current owner of the property The variance granted does not correct a hardship caused by a former or current owner. The variance makes sure the building fills out its development site, not leaving any large gaps along the Michigan Street frontage, and is based on how the block was laid out. Analysis: This project is sited to fit the block faces of Michigan and Monroe. The shop and stacked flats building types provide different requirements for building width in the Downtown (DT) zoning district and the presence of a single retail space is what changed the building type. Rather than removing this space and reducing pedestrian oriented space, granting this variance encourages activity and permits the construction of an affordable housing project on a vacant lot in the downtown. The design of the building, which includes proper articulation, multiple entry doors, and vertically oriented siding, will mitigate the impact of a building wider than the ordinance currently allows. Analysis & Recommendation Criteria for Decision Making: Variance(s) Staff Report – BZA#0340-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Board approve the variance as written. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report – BZA#0341-25 August 4, 2025 Property Information Location: 221 IRONWOOD DR and 221 IRONWOOD DR Owner: HAMILTON CARLEY J Project Summary The petitioner intends to have a nail salon home occupation under the standards for Home Occupations found in 21-06.02(f)(12)(A). Requested Action Variance(s): to permit Personal Care & Services (Beauty Shop) (21-06.01(k)(13)) as a Home Occupation (21-06.02(f)(12)) in Urban Neighborhood 1 (U1) 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. Staff Report – BZA#0341-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Proposed Site Plan Staff Report – BZA#0341-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 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 will not be injurious to the public health, safety, morals, and general welfare of the community. The use will be a personal services location serving one customer at a time under the standards set forth by the Home Occupations accessory use standards. (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 included in the variance will not be affected in a substantially adverse manner. The applicant intends to establish the use in an accessory structure within zoning standards. The foot traffic and activity related to this use should not result in negative impacts to the 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 terms of this Chapter would make it impossible for this use to be on this property. Beauty shops are banned as a home occupation in the code along with barber shops. The twelve standards applied to all home occupation accessory uses would mitigate any potential nuisance associated with the beauty shop home occupation use. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. This is only a use variance, not a variance to construct anything else that would be generally viewed as a commercial building or site improvements expanding the use beyond the standards for home occupations. (5) The variance does not correct a hardship cause by a former or current owner of the property The variance granted does not correct a hardship caused by a former or current owner of the property. The hardship is created by the existing code which explicitly limits specific common neighborhood uses like barbershops, photography studios, and and exercise studios from being established accessory to residential uses. Analysis: The existing standards for Home Occupations are strong enough to curtail any nuisances that may be associated with this use variance, particularly how clients are limited to one at a time and any space it is housed in must appear residential in nature. Additionally, the use is proposed along a major street that features more intense commercial uses nearby. If the petitioner is successful, and more business comes, the operation will likely seek a larger, commercially zoned space. Analysis & Recommendation Criteria for Decision Making: Variance(s) Staff Report – BZA#0341-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 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. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report – BZA#0342-25 August 4, 2025 Property Information Location: 606 BLAINE AVE and 608 BLAINE AVE Owner: AFFORDABLE HOME MATTERS INDIANA LLC Project Summary The petitioner seeks to construct a new house. Requested Action Variance(s): from the minimum side setback of 5' to 2' (21-03.03(d)) Site Location Staff Recommendation Based on the information available prior to the public hearing, Staff recommends the Board approve the variance as written. Staff Report – BZA#0342-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Proposed Site Plan Staff Report – BZA#0342-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 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 will not be injurious to the public health, safety, morals, and general welfare of the community. The petitioner is seeking to develop a detached house next to the detached house they have recently developed to the south while maintaining the required setback to their neighbor's property to the north. (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 included in the variance will not be affected in a substantially adverse manner. Construction of a detached house on a currently vacant lot should raise the values of the adjacent area. The proposed house will have a similar form to others in the 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 terms of this Chapter would make this particular house style impossible to build. As the city wishes to provide a diversity of housing types in all of its residential neighborhoods, single-story houses are essential, particularly for residents that may not be able to navigate stairs. The strict application of the terms of this chapter would create overly narrow homes. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. The variance would allow the construction of a single-story house while only modestly encroaching into the side setback on one side. (5) The variance does not correct a hardship cause by a former or current owner of the property The variance granted does not correct a hardship caused by a former or current owner of the property. The lots in this area are narrower than standard Urban Neighborhood 1 lots and are not rectangular, which creates difficult development conditions for houses, particularly single-story ones. Analysis: As the city wishes to provide a diversity of housing types in all of its residential neighborhoods, single-story homes are essential, particularly for residents that may not be able to navigate stairs. Seeing how the lot is angled and narrower than a standard city lot, this variance allows that home to be established, while still providing enough room for safety and maintenance. Analysis & Recommendation Criteria for Decision Making: Variance(s) Staff Report – BZA#0342-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Board approve the variance as written. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report – BZA#0343-25 August 4, 2025 Property Information Location: 1300 MAYFLOWER RD Owner: CITY OF SOUTH BEND Project Summary The petitioner seeks to install a new sign at the entrance to the park. Requested Action Variance(s): from the maximum freestanding sign height of 8' to 15' (Table 21-10B) from the minimum base width for the widest part of the sign face of 75% to 57% (21-10.05(e)(4)(B)) Site Location Staff Recommendation Based on the information available prior to the public hearing, Staff recommends the Board approve the variance as written. Staff Report – BZA#0343-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Proposed Site Plan Staff Report – BZA#0343-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 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 will not be injurious to public health, safety, morals, and general welfare of the community. The applicant is replacing a legally nonconforming sign with a more conforming sign that marks the entrance to a public park. (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 included in the variance should not be affected in a substantially adverse manner. It is replacing an existing electronic messaging sign with an internally lit monument sign. This should not negatively affect any use or value of any of the nearby suburban residential uses and auto-centric uses along Mayflower. (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 result in practical difficulties in the use of the property. The code is written with more urban park spaces in mind that would encourage a more pedestrian oriented sign. Strict application of the chapter would make a smaller sign along a higher-speed suburban arterial street difficult to discern. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. This sign is providing greater conformity than the existing sign while also providing a sign that is more visible to vehicles operating along Mayflower Road. The 15’ height would be permitted in more auto-oriented zoning districts. The width standards for monument signs was intended to distinguish them from pole signs, but not limit creative sign designs as displayed by the petitioner. (5) The variance does not correct a hardship cause by a former or current owner of the property The variance granted does not correct a hardship caused by a former or current owner of the property. It is installing a new sign to replace the aging one. Analysis: Mayflower Road is a major, higher speed street, having nearby access to the US 20- US 31 Bypass and an auto-centric design. The sign regulations for OS are more intended for urban parks where a user is more likely to arrive on foot or in a vehicle moving at slower speeds. The petitioner did reduce the total sign size from the existing legally nonconforming sign and is only matching its height to be visible to those in motor vehicles. The width standards for monument signs is intended to prohibit shorter pole signs, but not limit any design features like displayed in this sign. Analysis & Recommendation Criteria for Decision Making: Variance(s) Staff Report – BZA#0343-25 August 4, 2025 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 Staff Recommendation: Based on the information available prior to the public hearing, Staff recommends the Board approve the variance as written.