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HomeMy WebLinkAbout09.08.26 BZA Agenda Packet 1 | Page City of South Bend BOARD OF ZONING APPEALS South Bend Board of Zoning Appeals AGENDA Tuesday, September 8, 2026 - 4:00 p.m. City Hall City Hall, Third-Floor Council Chambers Meeting Link - http://southbendin.gov/sbbza Meeting Recordings - https://tinyurl.com/BZArecordings2026 PUBLIC HEARING: 1. Location: 1001 ALTGELD ST BZA#0409-26 Owner: STOWE DONNA M LIVING TRUST W/LIFE ESTATE & AS TRUSTEE Requested Action: Variance(s): from the 3' maximum height for a less than or equal to 50% open fence in a corner yard to 6' [21-09.02(c)(1)] Zoning: U1 Urban Neighborhood 1 2. Location: 1246 HOWARD ST BZA#0437-26 Owner: Century Builders 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: 908 PORTAGE AVE BZA#0438-26 Owner: BAKERY GROUP LLC Requested Action: Variance(s): to allow a trash enclosure in a corner yard [21-06.02(d)(1)] Zoning: NC Neighborhood Center 4. Location: 1245 CORBY BLVD BZA#0440-26 Owner: DOMER DOMICILES 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: 2016 S OLIVE (5 parcels) BZA#0441-26 Owner: WENGER KAYLIN Requested Action: Variance(s): from the 3' maximum height for a less than or equal to 50% open fence in a corner yard to 6' [21-09.02(c)(1)] Zoning: U1 Urban Neighborhood 1 6. Location: Lot 17 North Sunnyside Second Addition Plat BZA#0443-26 Owner: MWGM Indiana LLC Requested Action: Variance(s): to permit two curb cuts on a single lot [21-03.03(e)] City of South Bend BOARD OF ZONING APPEALS 2 | Page Special Exception: a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] Zoning: U1 Urban Neighborhood 1 ITEMS NOT REQUIRING A PUBLIC HEARING: 1. Findings of Fact - August 3, 2026 2. Minutes - August 3, 2026 3. Other Business - Preview two proposed text amendments: 1) Northeast Neighborhood Zoning Overlay (NNZO) updates and 2) Package of quick fixes (Quick Fixes #6) 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 MEMBERS 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#0409-26 September 8, 2026 Property Information Location: 1001 ALTGELD ST Owner: STOWE DONNA M LIVING TRUST W/LIFE ESTATE & AS TRUSTEE Project Summary The applicant intends to construct a 6' solid fence in the corner yard to provide additional privacy. Requested Action Variance(s): from the 3' maximum height for a less than or equal to 50% open fence in a corner yard to 6' [21-09.02(c)(1)] Site Location Staff Recommendation Based on the information available prior to the public hearing, staff recommends the Board approve the variance as presented. Staff Report – BZA#0409-26 September 8, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0409-26 September 8, 2026 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, or general welfare of the community. The applicant intends to build a fence that encloses their backyard to provide privacy on their property. (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 an adverse manner. There are similar fences along Dale Avenue that do not harm property value or prohibit 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 using the property. There is a berm on the property that makes it difficult for fences due to its steep slope. (4) The variance granted is the minimum necessary The variance is the minimum necessary. It mostly aligns with the staff's upcoming revisions to fence standards. It starts at the rear corner of the house, has a short run, helps with the usability of the rear yard, and is not encroaching into the front yard of a neighbor, as it will align with an existing 3' fence the applicant constructed several years ago. (5) The variance does not correct a hardship cause by a former or current owner of the property The variance will not be correcting a hardship associated with ownership. The combination of the berm and the limited urban corner lot backyard are beyond the controls of the owner and deal with how the zoning code is currently implemented and the layout of the lots when the subdivision was established. Analysis: This petition meets most of the criteria for a corner yard fence allowance. It starts from the rear façade, is a relatively short run, does not cause any public safety issue, and does not impinge on the front yard of any neighboring property. Staff Recommendation: Based on the information available prior to the public hearing, 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#0437-26 September 8, 2026 Property Information Location: 1246 HOWARD ST Owner: Century Builders 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#0437-26 September 8, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0437-26 September 8, 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. The 2022 Northeast Neighborhood Plan also calls for a mixture of densities in the Five Corners area, of which this property is on the eastern edge. More specifically, it calls for lower-density structures such as duplexes along this edge, aligning with the petitioner’s proposal. Analysis: The construction of a new duplex on this site will provide additional housing units for the neighborhood while matching its existing scale and character and filling in 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 SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3 Staff Report – BZA#0438-26 September 8, 2026 Property Information Location: 908 PORTAGE AVE Owner: BAKERY GROUP LLC Project Summary Ward Bakery building intends to construct a trash enclosure to better serve the businesses within the building. Requested Action Variance(s): to allow a trash enclosure in a corner yard [21-06.02(d)(1)] Site Location Staff Recommendation Based on the information available prior to the public hearing, staff recommends the Board approve the variance as presented. Staff Report – BZA#0438-26 September 8, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0438-26 September 8, 2026 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, or general welfare. The applicant intends to set it back as far as operationally possible, making its impact to public health minimimal. (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 is building a trash enclosure to allow for easier access by the operators. (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 it impossible to construct a trash enclosure. The property does not have a rear or side yard and is surrounded by public rights-of-way and alleys and, being an accessory structure, trash enclosures are not permitted in the corner yard. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. The applicant is setting the trash enclosure back as far as operationally possible and intends to landscape it and use materials to blend it in with the building facade. (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 ownership. The building and lot, when established, was a zero lot line structure to reflect the development patterns of the time. Modern waste management practices were not considered, making it impossible to construct a trash enclosure without a variance. Analysis: This zero lot line building has only one yard, which is a corner yard. This makes it impossible to construct a trash enclosure anywhere on the property. The applicant intends to set it back from the public way as far as possible and blend it with the structure of the building to better mask it. Staff Recommendation: Based on the information available prior to the public hearing, 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#0440-26 September 8, 2026 Property Information Location: 1245 CORBY BLVD Owner: DOMER DOMICILES 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#0440-26 September 8, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3 Proposed Site Plan Staff Report – BZA#0440-26 September 8, 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 occupied by a single unit dwelling, 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 additional infill housing. (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. The 2022 Northeast Neighborhood Plan also calls for a mixture of densities in the Five Corners area, of which this property is on the eastern edge. More specifically, it calls for lower-density structures such as duplexes along this edge, aligning with the petitioner’s proposal. Analysis: The construction of a new duplex on this site will provide additional housing units for the neighborhood while matching the existing scale and character and filling in 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 SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report – BZA#0441-26 September 8, 2026 Property Information Location: 2016 S OLIVE (5 parcels) Owner: WENGER KAYLIN Project Summary The applicant seeks to build a 6' privacy fence in the corner yard. Requested Action Variance(s): from the 3' maximum height for a less than or equal to 50% open fence in a corner yard to 6' [21-09.02(c)(1)] Site Location Staff Recommendation Based on the information available prior to the public hearing, staff recommends the Board deny the variance as presented. Staff Report – BZA#0441-26 September 8, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Proposed Site Plan Staff Report – BZA#0441-26 September 8, 2026 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 could potentially be injurious to the public health, safety, morals, and general welfare of the community. The petitioners own a large amount of land spreading across five separate parcels. Therefore, the length of the fence being proposed in the corner yard would be quite long; the existing, legal non-conforming corner yard fence is about 60' long, while the proposed addition would be about 150' long, leading to a corner yard fence that would be over 200' in length along Hillside Avenue. Having a fence of this length up against the corner property line could have a negative impact on users of Hillside Avenue, especially pedestrians if sidewalks were to be added to the street. (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 would not be affected in a substantially adverse manner. Because a lot of the land surrounding the petitioner's property is undeveloped, there are only a few neighboring properties that could potentially be impacted. At the southwest corner of Philippa Street and Hillside Avenue, the house is facing Philippa instead of Hillside, minimizing any potential impact on said property from the petitioner's requested corner yard fence. The same is true for the house at the northeast corner, which faces Hillside and would therefore have the proposed fence adjacent to their side yard instead of their front. If sidewalks are installed on Hillside in the future, having a corner privacy fence relatively close to the sidewalk could have a negative impact on the pedestrian experience, potentially impacting the value of the area, but such impact would likely be very small. (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. Compared to most other properties in the city, the petitioner's property is quite large (since it is actually made up of five separate parcels), and most of their land is in their rear yard (about 15,400 square feet). This means that they are able to enclose the vast majority of their large property within a 6' privacy fence without a variance. The amount of corner yard that would be located outside of the fence line if this was done (about 2,200 square feet) would not be substantial enough to warrant a hardship. (4) The variance granted is the minimum necessary The variance granted is not the minimum necessary, as the petitioner would still be able to utilize the vast majority of their large amount of land by putting a 6' privacy fence where it is allowed without a variance. (5) The variance does not correct a hardship cause by a former or current owner of the property Criteria for Decision Making: Variance(s) Staff Report – BZA#0441-26 September 8, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 The variance granted does not correct a hardship caused by the owner of the property because the house was sited on the property decades before they purchased it, dictating how much of a corner yard they would have. Analysis: The petitioner owns five city lots, and the majority of their land that they are hoping to fence off is in their rear yard, meaning that they could put a 6' privacy fence around it without a variance. The amount of corner yard that would be located outside of the fence line if this was done would not be substantial enough to warrant a hardship, especially considering the very large amount of land that would be located inside the fence. Additionally, because of the size of the petitioner's property, the fence would be over 200' long in the corner yard, right up against the property line. This could have a negative impact on users of Hillside Avenue, especially pedestrians if sidewalks are installed along the street. Staff Recommendation: Based on the information available prior to the public hearing, staff recommends the Board deny the variance as presented. Analysis & Recommendation SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4 Staff Report – BZA#0443-26 September 8, 2026 Property Information Location: Lot 17 North Sunnyside Second Addition Plat Owner: MWGM Indiana 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)] Variance(s): to permit two curb cuts on a single lot [21-03.03(e)] Site Location Staff Recommendation Based on the information provided prior to the public hearing, the staff recommends the Board send the Special Exception petition to the Common Council with a favorable recommendation, and deny the variance as presented. Staff Report – BZA#0443-26 September 8, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4 Proposed Site Plan Staff Report – BZA#0443-26 September 8, 2026 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; 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. The 2022 Northeast Neighborhood Plan also calls for this property to be utilized for either single unit or two unit dwellings. 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 a second driveway to serve the property. (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 adjacent properties should not be affected in an adverse manner. Curbcuts and driveways are common from the front in the area. Criteria for Decision Making: Special Exception Criteria for Decision Making: Variance(s) Staff Report – BZA#0443-26 September 8, 2026 SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4 (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. The property could have a shared driveway for the two units, only one driveway for one of the units, or some other configuration for vehicular access. (4) The variance granted is the minimum necessary The variance granted is the minimum necessary. It is just one additional curb cut. (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 owner of the property. As the property stands vacant, the owner is able to come into compliance with the standards provided by the code. The intent of the standards is to prevent frequent curb cuts in the sidewalk and garage-fronted properties in an urban environment. Analysis: The construction of a new duplex on this site will provide additional housing units for the neighborhood while matching the existing scale and character and filling in a vacant lot. For the variance, the intent of the standards is to prevent frequent curb cuts in the sidewalk and garage-dominated streetscapes in an urban environment. This proposal would create a more auto-centric development pattern in an area that the comprehensive plan calls to move towards a more urban and pedestrian pattern. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board send the Special Exception petition to the Common Council with a favorable recommendation, and deny the variance as presented. Analysis & Recommendation