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HomeMy WebLinkAbout09.08.26 BZA Meeting Minutes (unsigned)SOUTH BEND BOARD OF ZONING APPEALS MINUTES 1 | Page Tuesday, September 8, 2026 at 4:00 p.m. 3rd Floor, Council Chambers - City Hall, South Bend, IN MEMBERS PRESENT: Mark Burrell, Francisco Fotia, Kaine Kanczuzewski, Caitlin Stevens ALSO PRESENT: Tim Corcoran, Michael Divita, Brian Killen (virtually), Tim Staub, Mark Dellostritto, Kelly Meehan, Jenna Throw PUBLIC HEARINGS: 1 The petition of STOWE DONNA M LIVING TRUST W/LIFE ESTATE & AS TRUSTEE 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 1001 ALTGELD ST. Zoned U1 Urban Neighborhood 1. (Audio Position: NONE) STAFF REPORT The staff report was presented by Tim Staub. 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. 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 Kaine Kanczuzewski, being seconded by Mark Burrell and unanimously carried, a petition by STOWE DONNA M LIVING TRUST W/LIFE ESTATE & AS TRUSTEE 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. 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 Century Builders Inc seeking a Special Exception to allow a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)], property located at 1246 HOWARD ST. Zoned U1 Urban Neighborhood 1. (Audio Position: NONE) STAFF REPORT The staff report was presented by Mark Dellostritto . 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. 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 Century Builders Inc seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at 1246 HOWARD 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 3 The petition of BAKERY GROUP LLC seeking the following variance(s): to allow a trash enclosure in a corner yard [21-06.02(d)(1)], property located at 908 PORTAGE AVE. Zoned NC Neighborhood Center. (Audio Position: NONE) City of South Bend BOARD OF ZONING APPEALS 3 | Page STAFF REPORT The staff report was presented by Tim Staub. 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. 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 BAKERY GROUP LLC seeking the following variances: to allow a trash enclosure in a corner yard [21-06.02(d)(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 DOMER DOMICILES LLC seeking a Special Exception to allow a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)], property located at 1245 CORBY BLVD. Zoned U1 Urban Neighborhood 1. (Audio Position: NONE) STAFF REPORT The staff report was presented by Tim Staub. 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. City of South Bend BOARD OF ZONING APPEALS 4 | Page 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 DOMER DOMICILES LLC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at 1245 CORBY BLVD, 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 5 The petition of WENGER KAYLIN 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 2016 OLIVE and 2016 OLIVE and 2106 OLIVE ST and 2106 OLIVE ST and 2106 OLIVE ST. Zoned U1 Urban Neighborhood 1. (Audio Position: NONE) STAFF REPORT The staff report was presented by Mark Dellostritto . 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. City of South Bend BOARD OF ZONING APPEALS 5 | Page 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 Kaine Kanczuzewski, being seconded by Caitlin Stevens and carried, a petition by WENGER KAYLIN 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, conditional on the southern portion of the fence start at the rear corner of the house, and will issue written Findings of Fact. Caitlin Stevens - Yes Kaine Kanczuzewski - Yes Mark Burrell -No Francisco Fotia -Yes 6 The petition of MWGM Indiana LLC seeking a Special Exception to allow a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)], and seeking the following variance(s): to permit two curb cuts on a single lot [21-03.03(e)], property located at Lot 17 North Sunnyside Second Addition Plat . Zoned U1 Urban Neighborhood 1. (Audio Position: NONE) STAFF REPORT The staff report was presented by Tim Staub. 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. PETITIONER City of South Bend BOARD OF ZONING APPEALS 6 | Page 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 MWGM Indiana LLC seeking a Special Exception for a Dwelling, 2 Units in U1 Urban Neighborhood 1 [21-03.03(c)] for property located at Lot 17 North Sunnyside Second Addition Plat , 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 Upon a motion by Caitlin Stevens, being seconded by Mark Burrell and unanimously carried, a petition by MWGM Indiana LLC seeking the following variances: to permit two curb cuts on a single lot [21-03.03(e)] was denied as presented, 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 Mark Burrell, and seconded by Caitlin Stevens and uninamously carried, the findings of fact from the August 3, 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 August 3, 2026, Board of Zoning Appeals meeting were approved. 3. Other Business – staff presented a preview of Chapter 21 text amendments proposed for October 2026 City of South Bend BOARD OF ZONING APPEALS 7 | Page 4. Adjournment RESPECTFULLY SUBMITTED, ________________________________ MARK BURRELL, Chair ATTEST: ________________________________ BRIAN KILLEN, Secretary of the Board