HomeMy WebLinkAbout10.05.26 BZA Agenda Packet
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City of South Bend
BOARD OF ZONING APPEALS
AGENDA
Monday, October 5, 2026 - 4:00 p.m.
City Hall - Third-Floor Council Chambers
Meeting Link - http://southbendin.gov/sbbza
PUBLIC HEARING:
1 Location: 323 N EDDY BZA#0445-26
Owner: SKPA Properties LLC
Requested Action: Variance(s):
o to allow an off-premise sign in Neighborhood Center [(21-10.07)(b)];
o from the minimum 750 foot linear spacing required between advertising signs to 95 ft
[(21-10.07)(d)(2)(A)];
o from the minimum 300 foot radial spacing required between advertising signs to 120 ft
[(21-10.07)(d)(2)(B)];
o from the minimum 200 foot linear spacing required between an advertising sign and a
U1 district to 95 ft [(21-10.07)(d)(6)(A)]; and
o from the minimum 100 foot radial spacing required between an advertising sign and a
U1 district to 95 ft [(21-10.07)(d)(6)(B)]
Zoning: NC Neighborhood Center
2 Location: 252 BURBANK AVE BZA#0447-26
Owner: FIELDS BRADLEY A C & GLADYS R
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
ITEMS NOT REQUIRING A PUBLIC HEARING: 1. Findings of Fact – September 8, 2026
2. Minutes – September 8, 2026 3. Other Business 4. Adjournment 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
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.
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 4
Staff Report – BZA#0445-26 October 5, 2026
Property Information
Location: 323 N EDDY
Owner: SKPA Properties LLC
Petitioner: Bench Ad Company
Project Summary
The petitioner is requesting to keep an advertising bench on the property.
Requested Action
Variance(s):
- To allow an off-premise sign in Neighborhood Center [(21-10.07)(b)]
- From the minimum 750 foot linear spacing required between advertising signs to 95 ft [(21-
10.07)(d)(2)(A)]
- From the minimum 300 foot radial spacing required between advertising signs to 120 ft [(21-
10.07)(d)(2)(B)]
- From the minimum 200 foot linear spacing required between an advertising sign and a U1
district to 95 ft [(21-10.07)(d)(6)(A)]
- From the minimum 100 foot radial spacing required between an advertising sign and a U1
district to 95 ft [(21-10.07)(d)(6)(B)]
Site Location
Staff Recommendation Based on the information available prior to the public hearing, staff recommends the Board deny
the variances as presented.
Staff Report – BZA#0445-26 October 5, 2026
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 4
Proposed Site Plan
Staff Report – BZA#0445-26 October 5, 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 would be injurious to the public health, safety, morals, and general welfare of
the community. The advertising bench has a negative impact on the aesthetics of N. Eddy
Street, a high-traffic street that the city has plans to redesign and beautify in the coming
years. Allowing this bench to stay would detract from these upcoming improvements.
Additionally, if the seat portion of the bench is not well maintained, it could be dangerous for
people to sit on.
(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 of the area adjacent to the property would not be affected in a substantially adverse
manner, although the value may be impacted by the negative aesthetic impacts of the
advertising bench.
(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 any practical difficulties
in the use of the property. The property is able to be used for its current primary use -- a
restaurant -- or any other use allowed for in the NC district whether or not there is an off-
premise sign on the property.
(4) The variance granted is the minimum necessary
The variance granted is not the minimum necessary. There is nothing forcing the petitioner
to place an off-premise sign on this NC property, and nothing forcing them to place an off-
premise sign within the minimum required distance from another off-premise sign and U1
properties.
(5) The variance does not correct a hardship caused by a former or current owner of
the property
The variance granted does correct a hardship caused by the petitioner, as they put the
bench in a location that is not zoned correctly for off-premise signs, and is directly across the
street from another advertising bench that was previously established as legal non-
conforming and has maintained that status.
Analysis: Bench Ad Company has received consent from the property owner SKPA Properties
to pursue this variance request. However, there is no hardship to justify the granting of these
variances. The property is able to be used for its current primary use -- a restaurant -- or any
other use allowed for in the NC district whether or not there is an off-premise sign on the
property. The petitioner also created the need for these variances by placing the bench on this
Analysis & Recommendation
Criteria for Decision Making: Variance(s)
Staff Report – BZA#0445-26 October 5, 2026
SOUTH BEND BOARD OF ZONING APPEALS Page 4 of 4
property. Finally, the bench has a negative aesthetic impact on Eddy Street, a heavily trafficked
street.
Staff Recommendation: Based on the information available prior to the public hearing, staff
recommends the Board deny the variances as presented.
SOUTH BEND BOARD OF ZONING APPEALS Page 1 of 3
Staff Report – BZA#0447-26 October 5, 2026
Property Information
Location: 252 BURBANK AVE
Owner: FIELDS BRADLEY A C & GLADYS R
Project Summary
The petitioner wishes to replace a non-compliant fence in their corner yard with a 6' privacy fence.
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#0447-26 October 5, 2026
SOUTH BEND BOARD OF ZONING APPEALS Page 2 of 3
Proposed Site Plan
Staff Report – BZA#0447-26 October 5, 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, and general welfare of
the community. The fence will be set back about 25 feet from the Linden Avenue pavement,
providing a sufficient buffer.
(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 will not be affected in a substantially
adverse manner. Additionally, the new fence will be rebuilt in a similar location as the
existing fence, meaning that if there was any impact, it would not be larger than it is
currently. There are also 6' privacy fences in the corner yards of multiple other properties
along Linden Avenue, meaning that this fence will be relatively consistent with nearby
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. Because of where the petitioner's house and garage were sited on the
property, they have a very small rear yard, leaving a significant portion of their usable
outdoor space in their corner yard. Therefore, putting up a 6' fence where it is allowed by the
zoning ordinance would inhibit the use of their property.
(4) The variance granted is the minimum necessary
The variance granted is the minimum necessary. The new fence will be located in a similar
position as the existing one, which is set back significantly from the street, and it cannot be
pushed back farther without significantly shrinking the usable area of the petitioner's
relatively small backyard.
(5) The variance does not correct a hardship caused by a former or current owner of
the property
The variance granted does not correct a hardship caused by the owner of the property. The
size of the lot and the location of the house and garage on it were decided by entities other
than the current owner decades ago.
Analysis: If the petitioner were to build a 6' privacy fence where they are allowed without a
variance, it would significantly decrease the usable outdoor space on their property due to their rear
yard being quite small. The proposed fence will also be set back significantly from the street, which
will match multiple other corner fences situated along Linden Avenue.
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)