Metropolitan Board of Zoning Appeals Division I Meeting - October 2, 2018
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Metropolitan Board of Zoning Appeals Division I Meeting - October 2, 2018
The Metropolitan Board of Zoning Appeals Division I met on October 2, 2018, at 1:00 p.m. in the Public Assembly Room of the City-County Building. Chairperson Joanna Taft presided, with board members Peter Hanscom, Brian Robinson (first meeting), and alternate Brittany Solis. The board heard a mix of expedited, continued, and new petitions, addressing variances for residential additions, signs, commercial uses, and telecom facilities. Several petitions were continued due to lack of quorum late in the meeting. Votes and decisions are summarized below.
Public Comments & Testimony
- Susan Blair, President of the Pike Township Residents Association (PTRA), spoke in opposition to petition 2018-UV1-031 (tire store at 9150 N. Michigan Road). She argued that the area already has a high concentration of tire retailers (10 within 1.7 miles), that the Michigan Road Corridor Plan of 1998 discourages tire stores in that area, and that a restaurant would be a better use given the planned 180-room hotel nearby. She noted that the comprehensive plan update continues to recommend against auto-related uses in this corridor.
- John Winter, representing the Bates-Hendricks Neighborhood Association land use task force, spoke in support of petition 2018-UV1-019B (garage in clear sight triangle), stating that the proposed garage is typical for the neighborhood and that shifting it would lose yard space without improving safety.
Discussion Items
Continuances and Transfers (all granted without objection unless noted)
- 2018-UV1-024 (810-818 S. State Ave.) – Continued to November 8, 2018, to wait for IPL confirmation on a neighboring vacant parcel.
- 2018-UV1-025 (802-808 S. State Ave.) – Continued to November 8, 2018, same reason.
- 2018-UV1-034 (48 Palmer St.) – Continued to November 8, 2018, while petitioner works with staff.
- 2017-SE2-002 (5532 N. High School Rd.) – Continued to November 8, 2018, at petitioner’s request for ongoing discussions with remonstrators.
- 2018-DV1-036 (1409 Orange St.) – Continued to November 8, 2018, to allow time for proper notice.
- 2018-DV1-040 (612-616 Stevens St.) – Continued to November 8, 2018, at remonstrators’ request (agreed by petitioner).
- 2018-HOV-080 (5653 Brendon Way W. Dr.) – Transferred to Board 3 on October 16, 2018, by petitioner’s request.
Expedited Petitions (all approved unanimously 4-0)
- 2018-DV1-037 (1007 Lexington Ave.) – Variance for additions to existing dwelling and detached garage with reduced setbacks and 40% open space. Staff recommended approval; no remonstrators.
- 2018-DV1-038 (1152 Hoyt Ave.) – Variance to legalize 8-foot front setback, 3-foot building separation, and 54% open space for a 1900-era dwelling. Supported by Fountain Square Neighborhood Association.
- 2018-DV1-039 (3827 N. Mitthoefer Rd.) – Variance for a second freestanding sign within 110 feet of an existing sign. Updated elevations and findings addressed staff concerns.
- 2018-DV1-041 (1719 Woodlawn Ave.) – Variance to build a new single-family home with 5-foot separation between dwellings (10 required). Condition: meet fire code.
- 2018-UV1-036 (1414 Sadlier Cir. W. Dr.) – Variance of use for a fitness center in an I-1 district. Subject to site plan and plan of operation commitments. Supported by Warren Township Neighborhood Association.
Other Petitions Heard
- 2018-UV1-006 (3527 N. College Ave.) – Petitioner amended from 8 to 6 units; remonstrators absent after compromise. Board approved 4-0 with commitments that units be sold only to owner-occupants and that subsequent purchasers also cannot rent. The Mapleton Fall Creek CDC initially opposed but later supported the compromise.
- 2018-UV1-019B (1620 S. East St.) – Variance for a three-car garage within the clear sight triangle of two alleys. Staff recommended denial, citing safety hazards. Petitioner argued the garage is typical for the neighborhood and the adjacent triplex (approved by MDC) needs parking. Board rejected staff’s position and approved 4-0.
- 2018-UV1-031 (9150 N. Michigan Rd.) – Request for a tire store (use variance) and a building height variance. Petitioner withdrew the height variance. Staff supported the use variance. PTRA opposed based on over‑saturation and the 1998 corridor plan. Board approved 4-0, subject to the plan of operation without outside storage.
- 2018-UV1-023 (5651 S. Harding St.) – Split into two votes:
- Part A (use variance for auto body shop): Approved 4-0, subject to the plan of operation. Staff had recommended denial, citing intensity incompatibility with I-2 district, but board accepted petitioner’s arguments about contained operations and landscaping buffers.
- Part B (development standards variance for gravel parking lot): Denied 1-3 (only Solis voted yes). Staff argued owner-created hardship; petitioner cited cost.
- 2018-UV1-032 (1040 N. Post Rd.) – Variance for a 90-foot monopole wireless tower. Staff recommended denial, citing no camouflage and previous denials. Petitioner noted 124 signatures of support and no remonstrators. Board approved 3-0 with commitments to expand landscaping (from 16 to 32 plantings and 10-foot wide yard).
- 2018-DV1-035 (220 S. Girls School Rd.) – Continued to November 8, 2018, after losing quorum. Petitioner expressed frustration but agreed to the continuance.
- 2018-UV1-035 (7129 E. Thompson Rd.) – Continued to November 8, 2018, also due to lost quorum.
Key Outcomes
- Approved (4-0): 2018-DV1-037, 2018-DV1-038, 2018-DV1-039, 2018-DV1-041, 2018-UV1-036, 2018-UV1-006 (with owner-occupancy commitments), 2018-UV1-019B, 2018-UV1-031 (with plan of operation), 2018-UV1-023 Part A.
- Approved (3-0): 2018-UV1-032 (with landscaping commitments).
- Denied (1-3): 2018-UV1-023 Part B (gravel parking lot).
- Continued to November 8, 2018: 2018-UV1-024, -025, -034, 2017-SE2-002, 2018-DV1-035, -036, -040, 2018-UV1-035.
- Transferred to Board 3: 2018-HOV-080.
- Meeting adjourned early due to loss of quorum after 3:48 p.m. when board members left.
Meeting Transcript
I'm going to call the speedy to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I'm Joanna Taft, Chairperson of Division 1. Other board members present to my right are Peter Hanscom and Brian Robinson, and this is Brian Robinson's first meeting with us, and we're thankful to have him on our board. And then to our left is Brittany Solis, and Brittany is an alternate that is helping us today. So thank you so much for being here. We are hoping that Roderick Bohanen arrives soon. Legal counsel for the board today is Chris Steinmetz. Recording these proceedings today is Ron Hampton. Staff members present today from the Division of Planning are Keith Holdsworth, current planning administrator, Heather Stefan, Senior Board Specialist and Secretary to the Board. Jeffrey York, Senior Planner, Robert Ulen Hay, Senior Planner, Christopher Myers, Senior Planner, Paige Story, Senior Planner. Keith Holdswork is the Holdsworth is the current planning administrator. The board is copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today. The proceedings of this hearing are governed by the board's rules of procedure. The expedited cases will be heard immediately after all requests for continuances or withdrawals. As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand. Those who intend to testify will please remain standing and be sworn. Petitioners will be on your left and remonstrators on your right as you face the board. Those who testify will state their name and address for the record before beginning to testify. Petitioners and persons appearing in support of the case being heard shall have a maximum of 15 minutes for the presentation of evidence, statements and arguments in support of the petition. Remonstrators and persons appearing in opposition to the petition shall have a maximum of 15 minutes for the presentation of evidence, statements and arguments in opposition to the petition. Staff will then present the administrators' comments regarding the petition. The petitioner will then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will the remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement. No further evidence, statements, or arguments will be heard unless it's at the discretion of the board. Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance. If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due to lack of proper notice must to bring this must bring this to the matter, this matter to the board's attention at the beginning of the hearing. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening, the paving of parking area, and the dedication of rights away are examples. These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid. Compliance with the conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of the filing of a petition for a judicial review of a decision of the board. The written request must be filed within five days of the board's decision and must include the person's full name and correct emailing address and a reference to the board's petition number. Forms are available and may be obtained from the board's secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure that all cell phone ringers are turned off. Is there anyone in the audience who has questions about our procedures? If not, we will continue. We will proceed with special requests and continuances at this time. Staff board. Uh the first petition is 2018-UV1-024. The address is 810, 814, and 818, South State Avenue. Um there is a a neighboring parcel which uh deals with our other petition here uh that is vacant. We're waiting on confirmation from IPL that the property has been vacant since approximately 2002. Uh that'll have an impact on this petition. So we'd seek to request we would request that this be continued uh four weeks until this uh I believe that is the November 1 hearing.
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