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HomeMy WebLinkAbout04.06.26 BZA Agenda Packet 1 | Page City of South Bend BOARD OF ZONING APPEALS AGENDA Monday, April 6, 2026 - 4:00 p.m. City Hall Third-Floor Council Chambers Meeting Link - http://southbendin.gov/sbbza Meeting Recordings - https://tinyurl.com/BZArecordings2026 PUBLIC HEARING: 1. Location: 2806 SAMPLE ST BZA#0411-26 Owner: INDUSTRIAL METAL FAB INC Requested Action: Variance(s): from the 10' minimum Industrial side yard setback to 0' [21- 04.04(c)] Zoning: I Industrial 2. Location: 915 HARRISON AVE BZA#0402-26 Owner: NEAR NORTHWEST NEIGHBORHOOD INC Requested Action: Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21- 03.03(c)] Zoning: U1 Urban Neighborhood 1 3. Location: 1010 FUERBRINGER ST BZA#0405-26 Owner: GUEVARA JOSE Requested Action: Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21- 03.03(c)] Zoning: U1 Urban Neighborhood 1 4. Location: 812 OAK ST BZA#0406-26 Owner: BUILDNOVATION LLC Requested Action: Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21- 03.03(c)] Zoning: U1 Urban Neighborhood 1 5. Location: 1245 MADISON ST BZA#0407-26 Owner: Sprunger Nathan Requested Action: Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21- 03.03(c)] Zoning: U1 Urban Neighborhood 1 6. Location: 1249 CORBY BLVD BZA#0412-26 Owner: D3RE LLC Requested Action: Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21- 03.03(c)] City of South Bend BOARD OF ZONING APPEALS 2 | Page Zoning: U1 Urban Neighborhood 1 ITEMS NOT REQUIRING A PUBLIC HEARING: 1. Findings of Fact- March 2, 2026 2. Minutes- March 2, 2026 3. Other Business- Preview of proposed ordinance updates 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. 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 4 Staff Report – BZA#0411-26 April 6, 2026 Property Information Location: 2806 SAMPLE ST Owner: INDUSTRIAL METAL FAB INC Project Summary The petitioner seeks to extend the rear of an existing industrial building. Requested Action Variance(s): from the 10' minimum Industrial side yard setback to 0' [21-04.04(c)] 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#0411-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Proposed Site Plan 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. Granting this variance would allow the building extension to be built in line with the existing building on site, meaning that it would not be built any closer to the neighboring property to the east than what is already there. More generally, the proposed structure is an extension of an industrial building situated among other industrial buildings, being built in the direction of railroad tracks. It will therefore fit within its existing context and be built in an area where any potentially injurious impact is minimized. Criteria for Decision Making: Variance(s) Staff Report – BZA#0411-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 (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 proposed structure is an extension of an industrial building situated in between other industrial buildings, meaning that it will match its surrounding context and therefore be unlikely to cause any substantially adverse impacts on surrounding properties. (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 petitioner's business involves the use of large stationary machinery for the actual manufacturing process, as well as other large machines such as forklifts and cranes that must maneuver around them. This means that, among other reasons, this addition to the petitioner's existing building must be of a certain size in order to fit all these machines while meeting OSHA requirements. If the addition was reduced in size so that it had a compliant side setback, it would not be able to meet the petitioner's needs in terms of space for business operations. The petitioner does own the adjacent property to the west, meaning that they could shift the addition to the west to avoid needing a variance, but this would create access and logistical issues for the petitioner in this part of their property. Finally, additional undeveloped land south of the proposed addition could technically be used for the addition, helping to achieve the necessary size for operations without needing a variance. However, to meet stormwater management requirements fully on site, dry wells will be utilized in this southern portion of the property, preventing it from being used as buildable area. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. Building the proposed structure at a 0' setback would put its eastern boundary in line with the existing structure on the property. (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 existing structure on the site has been there since at least 1993. Analysis: The planned addition to an existing industrial building is proposed to increase manufacturing capacity. The size of the equipment that will be utilized in this proposed building addition, along with the maneuvering space needed to navigate around said equipment and meet OSHA requirements, requires a building footprint of a certain size. It would be difficult to achieve the needed addition size while abiding by city stormwater requirements if the building were to utilize open area in the south part of the property instead of extending into the side setback, because there are dry wells in the south portion that will be utilized for stormwater management. Furthermore, the addition is proposed at the same setback as the existing Analysis & Recommendation Staff Report – BZA#0411-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 building, meaning that it would not be any closer to the neighboring property than what is already there. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board approve the variance as presented. SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report – BZA#0402-26 April 6, 2026 Property Information Location: 915 HARRISON AVE Owner: NEAR NORTHWEST NEIGHBORHOOD INC Project Summary The petitioner seeks to build a new two unit dwelling. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] 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#0402-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0402-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 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 this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The building shall be a newly constructed duplex on a vacant lot, which will provide more housing units in the neighborhood and help to increase 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; Building this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the building is consistent with the scale, character, and land use of the surrounding neighborhood, and will provide housing on a lot that is currently vacant, potentially raising 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; A two unit dwelling will complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. It also aligns with the 2019 Near Northwest Neighborhood Plan, which identified this stretch of Harrison Avenue as a target area for development. Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will provide additional housing units and fill in a lot that is currently vacant. 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. Analysis & Recommendation Criteria for Decision Making: Special Exception SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report – BZA#0405-26 April 6, 2026 Property Information Location: 1010 FUERBRINGER ST Owner: GUEVARA JOSE Project Summary The petitioner seeks to build a new two unit dwelling using the stacked duplex pre-approved plan. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] 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#0405-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0405-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 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 this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The building shall be a newly constructed duplex on a vacant lot, which will provide more housing units in the neighborhood and help to increase 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; Building this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the building is consistent with the scale, character, and land use of the surrounding neighborhood, and will provide housing on a lot that is currently vacant, potentially raising 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; A two unit dwelling will complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is currently vacant. 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. Analysis & Recommendation Criteria for Decision Making: Special Exception SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report – BZA#0406-26 April 6, 2026 Property Information Location: 812 OAK ST Owner: BUILDNOVATION LLC and Jose Guevara Project Summary The petitioner seeks to build a new two unit dwelling using the stacked duplex pre-approved plan. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] 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#0406-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0406-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 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 this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The building shall be a newly constructed duplex on a vacant lot, which will provide more housing units in the neighborhood and help to increase 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; Building this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the building is consistent with the scale, character, and land use of the surrounding neighborhood, and will provide housing on a lot that is currently vacant, potentially raising 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; A two unit dwelling will complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will bring new residents to the area and provide additional housing on a lot that is currently vacant. 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. Analysis & Recommendation Criteria for Decision Making: Special Exception SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report – BZA#0407-26 April 6, 2026 Property Information Location: 1245 MADISON ST Owner: Sprunger Nathan Project Summary The petitioner seeks to build a new two unit dwelling. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] 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#0407-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Proposed Site Plan Staff Report – BZA#0407-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 4 Staff Report – BZA#0407-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 4 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; Approval of this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The new two unit dwelling would replace an existing one unit dwelling, providing more housing units in the neighborhood and helping to increase 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; Building this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, it is consistent with the scale, character, and land use of the surrounding neighborhood. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; This two unit dwelling would complement the existing housing stock in the neighborhood, which is made up of predominantly one and two unit dwellings, while matching the scale and character of surrounding structures. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. It also aligns with the 2022 Northeast Neighborhood Plan, which suggested lower density residential uses in the section of the neighborhood where this property is located. Analysis: The construction of a new duplex will provide additional housing units for the neighborhood while matching the existing scale and character. 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. Analysis & Recommendation Criteria for Decision Making: Special Exception SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report – BZA#0412-26 April 6, 2026 Property Information Location: 1249 CORBY BLVD Owner: D3RE LLC Project Summary The petitioner seeks to build a new two unit dwelling. Requested Action Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] 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#0412-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0412-26 April 6, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 3 of 3 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 this Special Exception should not be injurious to the public health, safety, morals, and general welfare of the community. The building shall be a newly constructed duplex on a vacant lot, which will provide more housing units in the neighborhood and help to increase 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; Building this two unit dwelling should not injure or adversely affect the uses or values of adjacent properties and the area around the building. As proposed, the building is consistent with the scale, character, and land use of the surrounding neighborhood, and will provide housing on a lot that is currently vacant, potentially raising 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; A two unit dwelling will complement the existing housing stock, match the scale and character of the neighborhood, and provide infill housing on a vacant lot. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. The petition is consistent with Objective H1.1 from the city's comprehensive plan, which is to encourage residential developments that contain a mix of housing types, densities, price ranges, and amenities. It also aligns with the 2022 Northeast Neighborhood Plan, which suggested lower density residential uses in the section of the neighborhood where this property is located. Analysis: The construction of a new duplex that is consistent with the scale and character of the surrounding neighborhood will provide additional housing units and provide further neighborhood infill on a vacant lot. 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. Analysis & Recommendation Criteria for Decision Making: Special Exception