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HomeMy WebLinkAbout08.03.26 BZA Meeting Minutes (unsigned)SOUTH BEND BOARD OF ZONING APPEALS MINUTES 1 | Page Monday, August 3, 2026 3rd Floor, Council Chambers 4:00 p.m. City Hall, South Bend, IN MEMBERS PRESENT: Mark Burrell, Francisco Fotia, Kaine Kanczuzewski, Caitlin Stevens ALSO PRESENT: Tim Corcoran, Michael Divita, Brian Killen, Tim Staub, Mark Dellostritto, Kelly Meehan, Jenna Throw PUBLIC HEARINGS: 1 The petition of HERITAGE TOWNHOMES LLC seeking the following variance(s): from the requirement for a decorative element that is at least 50 percent open on a fence exceeding 5’ in height in the Northeast Neighborhood Zoning Overlay district [21- 05.02(g)(1)(A)], property located at 715 ST. PETER and 743 SOUTH BEND AVE and 710 TURNOCK. Zoned U2 Urban Neighborhood 2. (Audio Position: 03:33) STAFF REPORT The staff report was presented by Mark Dellostritto . Analysis: There is no hardship to justify this variance. The petitioner installed fencing with the decorative element on a different section of the fence, showing that they could have done the same for these other sections. Staff Recommendation: Based on the information available prior to the public hearing, staff recommends the Board deny the variance as presented. PETITIONER INTERESTED PARTIES There was no one from the public to speak. PUBLIC COMMENT There was no one from the public to speak. After careful consideration, the following action was taken: Upon a motion by Caitlin Stevens, being seconded by Mark Burrell and unanimously carried, a petition by HERITAGE TOWNHOMES LLC seeking the following variances: from the requirement for a decorative element that is at least 50 percent open on a fence exceeding 5’ in height in the Northeast Neighborhood Zoning Overlay district [21-05.02(g)(1)(A)] was WITHDRAWN as presented. City of South Bend BOARD OF ZONING APPEALS 2 | Page Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Yes Francisco Fotia -Yes 2 The petition of LICHON JOHN PAUL JOSEPH & KATHRYN ANN HW seeking the following variance(s): From a rear extension maximum of one story that encroaches into a required rear setback for a primary structure, to 1.5 stories. [21.08-01(g)(16)(A)], property located at 1704 JEFFERSON BLVD. Zoned S1 Suburban Neighborhood 1. (Audio Position: 03:55) STAFF REPORT The staff report was presented by Mark Dellostritto . Analysis: There is no hardship to justify this variance. There is nothing unique about the property that warrants the construction of a rear extension that is over the allowed height in terms of stories or feet. Staff Recommendation: Based on the information available prior to the public hearing, staff recommends the Board deny the variance as presented. PETITIONER INTERESTED PARTIES There was no one from the public to speak. PUBLIC COMMENT There was no one from the public to speak. After careful consideration, the following action was taken: Upon a motion by Mark Burrell, being seconded by Caitlin Stevens and unanimously carried, a petition by LICHON JOHN PAUL JOSEPH & KATHRYN ANN HW seeking the following variances: From a rear extension maximum of one story that encroaches into a required rear setback for a primary structure, to 1.5 stories. [21.08-01(g)(16)(A)] was WITHDRAWN as presented. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Yes Francisco Fotia -Yes City of South Bend BOARD OF ZONING APPEALS 3 | Page 3 The petition of BROWN MAURICE seeking the following variance(s): from the 3' maximum height of a less than 50% open fence in the corner yard to 6' [21-09.02(c)(1)], property located at 205 E DAYTON ST. Zoned U1 Urban Neighborhood 1. (Audio Position: 28:36) STAFF REPORT The staff report was presented by Brian Killen. Analysis: This petition meets all the criteria for a corner yard fence allowance: it will be setback from the sidewalk, 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 provided prior to the public hearing, the staff recommends the Board approve the variance as presented. PETITIONER- Maurice Brown, 205 E Dayton 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. After careful consideration, the following action was taken: Upon a motion by Caitlin Stevens, being seconded by Mark Burrell and unanimously carried, a petition by BROWN MAURICE seeking the following variances: from the 3' maximum height of a less than 50% open fence in the corner yard to 6' [21-09.02(c)(1)] was APPROVED as presented, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -Yes Francisco Fotia -Yes 4 The petition of ALEEN JENNA seeking the following 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)], property located at 1630 HIGH ST. Zoned U1 Urban Neighborhood 1. (Audio Position: 32:14) STAFF REPORT The staff report was presented by Mark Dellostritto . City of South Bend BOARD OF ZONING APPEALS 4 | Page Analysis: The petitioner has essentially no back or side yard on their property, making their corner yard the only viable place to establish some sort of private outdoor space. The fence will also be set back 10' from the corner lot line, which is the corner setback for primary structures in the U1 district, limiting the impact on surrounding properties and pedestrians using adjacent sidewalks. Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board approve the variance as presented. PETITIONER- Jenna Aleen, 1630 High St, appeared 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. After careful consideration, the following action was taken: Upon a motion by Mark Burrell, being seconded by Caitlin Stevens and unanimously carried, a petition by ALEEN JENNA seeking the following variances: 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)] 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 OUR LADY OF HUNGARY CHURCH seeking the following variance(s): to allow a parking lot to be located forward of 5' behind the front and corner facades [21-03.05(e)], property located at 731 and 827 W CALVERT ST. Zoned U3 Urban Neighborhood 3. (Audio Position: 38:23) STAFF REPORT The staff report was presented by Tim Staub. Analysis: Our Lady Of Hungary was established long before the need for on-site parking where most of the parishioners and school children would be located within a short walk of the building. As the automobile became the primary mode of transportation, stress was placed on the streets around the church as its parking lot was too small to serve the number of vehicle users. This variance is helping mitigate issues in the neighborhood and can keep the parish accessible to its range of parishioners. City of South Bend BOARD OF ZONING APPEALS 5 | Page Staff Recommendation: Based on the information provided prior to the public hearing, the staff recommends the Board approve the variance as presented. PETITIONER- Father Benjamin Landrigan, 731 W Calvert, 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. After careful consideration, the following action was taken: Upon a motion by Caitlin Stevens, being seconded by Mark Burrell and unanimously carried, a petition by OUR LADY OF HUNGARY CHURCH seeking the following variances: to allow a parking lot to be located forward of 5' behind the front and corner facades [21- 03.05(e)] 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 Apex Terrain Holdings LLC seeking a Special Exception to allow a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)], property located at 1737 O'BRIEN ST. Zoned U1 Urban Neighborhood 1. (Audio Position: 47:25) STAFF REPORT The staff report was presented by Mark Dellostritto . Analysis: The construction of new duplexes will provide additional housing units for the neighborhood while filling in lots that are 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. PETITIONER- Victor Ketzel, 1737 O’Brien, appeared virtually to present INTERESTED PARTIES There was no one from the public to speak. City of South Bend BOARD OF ZONING APPEALS 6 | Page PUBLIC COMMENT There was no one from the public to speak. 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 Apex Terrain Holdings LLC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at 1737 O'BRIEN ST, City of South Bend, is sent to the Common Council with a FAVORABLE recommendation, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell - Yes Francisco Fotia - Yes ITEMS NOT REQUIRING A PUBLIC HEARING 1. Findings of Fact- Upon a motion by Caitlin Stevens, and seconded by Mark Burrell and uninamously carried, the findings of fact from the July 6, 2026, Board of Zoning Appeals meeting were approved. 2. Minutes- Upon a motion by Mark Burrell, and seconded by Caitlin Stevens and uninamously carried, the minutes from the July 6, 2026, Board of Zoning Appeals meeting were approved. 3. Other Business- Short Term Rental update: Regulations sent to Common Council for approval 4. Adjournment- 4:54PM RESPECTFULLY SUBMITTED, ________________________________ FRANCISCO FOTIA, Chair ATTEST: ________________________________ BRIAN KILLEN, Secretary of the Board