Board of Zoning Appeals Meeting Summary – September 25, 2026

The Bloomington Board of Zoning Appeals (BZA) met on September 25, 2026 (date provided per instructions; transcript notes the meeting began on Thursday, September 24) to consider one expedited sign variance, one conditional use petition for a duplex with associated parking variances, and one administrative appeal of a notice of violation. The meeting included staff presentations, public testimony, board deliberation, and votes on each item.

Consent Calendar

• Minutes from previous meeting: The board attempted to approve the minutes but two members abstained (Throckmorton and Fernandez, who had not seen a link to the minutes). The motion passed 3-0-2 (Burrell yes, Smith yes, Throckmorton abstain, Fernandez abstain). However, due to the abstentions, the minutes were continued to the next meeting.

Public Comments & Testimony

• ZR 2026-05-0022 (412 East Wiley Street duplex): Numerous public speakers opposed the petition. Key points:

  • Jane St. John: The structure is disproportionately large for the block, lacking curbs/sidewalks, and would exacerbate safety issues at Wiley and Henderson. Urged denial.
  • Jan Sorby: Displayed a scale graphic showing the proposed duplex is tall and vertical, while existing homes are low and horizontal; argued it does not meet design similarity standards.
  • Von der Schmidt: Cited Comprehensive Plan policies discouraging high-density student housing in single-family neighborhoods; noted demolition of an affordable home; street width cannot support additional parking; asked for denial.
  • Julie Von der Schmidt: Distinguished this proposal from other duplexes in different locations; noted street lacks sidewalks and curbs and is designated a bike route; raised concerns about using public rights-of-way to solve private parking problems; cited a city engineer email stating roadway width is insufficient for parking on both sides; requested denial.
  • John Lawrence: Argued Wiley Street lacks adequate infrastructure capacity; the proposed duplex is not similar in shape, size, and design to the majority of block-face homes; urged two specific findings for denial.
  • Eric Ost: Stated the proposal runs counter to R3 zoning purpose; demolishes naturally occurring affordable housing; infrastructure inadequate; asked for denial.
  • Corey Gearhart: Argued the design fails three of four use-specific design elements (porch, setback, vehicle parking access); provided square footage and height comparisons; said the building is 80% taller than block-face median.
  • Marcus Moyer: Read a statement from Jody Atkins about alley access concerns and adverse impacts on safety and quality of life.
  • Kim Vint: Emphasized the need to protect neighborhood character; suggested a smaller design would be appropriate; noted the street cannot sustain more density.
  • Tatiana Moyer: Argued for preserving walkable neighborhoods for permanent residents; cited safety issues with narrow streets and no sidewalks; noted similar problems at a nearby duplex approved earlier.
  • Pat Medland: Anecdotal evidence from a nearby duplex where rear parking is underused and street parking is common; no longer walks on Wiley due to narrowness.
  • Isabel Piedmont Smith (City Council, District 1): Stated the proposal does not meet use-specific standard for vehicle parking access (none of the block-face homes use alley access) and there are insufficient public facilities; requested denial.
  • Dave Rollo (City Council): Cited the intent of the 2021 UDO amendments to ensure duplex scale matches single-family homes; a 2019 consultant memo confirmed the goal of compatibility; urged denial.
  • Betty Rosenagel: Praised neighbors' detailed presentations; argued the duplex does not belong based on UDO and Comprehensive Plan; questioned why the petition is heard a third time.

• ZR 2026-07-0033 (530 South Washington Street appeal): No public comments.

Discussion Items

• Expedited Agenda – ZR 2026-08-0038 (1327 North Lincoln Street sign variance): Staff presented a request for four wall signs (total 44 sq. ft.) on a large student housing building, whereas the UDO allows only 24 sq. ft. for multifamily. Staff found no adverse impacts and recommended approval with one condition. Petitioner Kevin Miners explained the need for signs at multiple entrances for safety and vehicle guidance. No public comments. The board voted unanimously (5-0) to approve the variance.

• ZR 2026-05-0022 – Conditional Use and Variances (412 East Wiley Street): Staff recommended approval of the conditional use for the duplex but denial of the two parking variances (to allow five spaces instead of four, and to enlarge the alley parking pad from 20'x20' to 20'x42.5'). Staff argued no peculiar conditions justified the variances and that a compliant driveway off Wiley Street was possible. Petitioner Kevin Spicer said he changed his site plan to alley access to reduce street parking impacts; he requested the variances to provide five spaces. During board discussion, members noted that height is not a use-specific criterion, the street width and existing parking problems, and the tension between the UDO's ambiguity and the board's role. A motion to approve the conditional use and deny the variances, with an added condition allowing either a code-compliant alley parking pad or a front driveway, passed 3-2 (Burrell yes, Fernandez yes, Smith yes, Kosinko no, Throckmorton no).

• ZR 2026-07-0033 – Administrative Appeal of Notice of Violation (530 South Washington Street): Petitioner Joe Davis appealed a warning letter for a sign on a utility cart he parked in the public right-of-way. He argued the cart is a transportation mode, not a permanent sign, and that prohibiting it violates his First Amendment rights. Staff presented UDO language prohibiting signs in the public right-of-way and stated that vehicle signs are a prohibited sign type. The board questioned the location (a legal parking area) and the definition of vehicle signs. No public comments. After deliberation, the board voted unanimously (5-0) to deny the appeal, thereby upholding the notice of violation.

Key Outcomes

• ZR 2026-08-0038: Approved (5-0) – sign variance for 1327 N Lincoln Street.
• ZR 2026-05-0022: Conditional use approved, variances denied (3-2). The approved plan allows a duplex at 412 E Wiley Street with either a code-compliant alley parking pad or a front driveway cut per code. A six-foot privacy fence on the east side is part of the plan.
• ZR 2026-07-0033: Appeal denied (5-0) – the sign on the utility cart in the public right-of-way is a violation.
• New Business: Staff will investigate potential occupancy at 230 Morton Street (old Ferris Market) after a prior variance denial.
• Minutes: Continued to next meeting due to insufficient review.