Metropolitan Board of Zoning Appeals Division I Meeting - December 4, 2018

The Metropolitan Board of Zoning Appeals Division I convened on December 4, 2018, to hear and decide on several petitions for variances of development standards and use. The Board acted on five petitions, including three expedited matters approved unanimously, and two new petitions that involved public testimony and split votes. One petition was continued to a future hearing. All decisions were based on staff recommendations, petitioner presentations, and public input.

Consent Calendar

• 2018-DV1-048 – 925 East Pleasant Run Parkway, South Drive: Approved unanimously (5-0) to provide for an accessory garage with a one-foot rear setback and 37% open space (required: five-foot rear, 60% open space). Staff recommended approval.
• 2018-DV1-049 – 7202 North Keystone Avenue: Approved unanimously (5-0) to replace an existing freestanding sign with a four-foot tall ground sign encroaching approximately eight feet into the right-of-way, being within 115 and 215 feet of two existing signs, and being the third sign on a 270-foot frontage. Staff recommended approval.
• 2018-DV1-052 – 7151 Marsh Road: Approved unanimously (5-0) for a 195-foot front setback (maximum 85 feet permitted), subject to a commitment to connect the proposed sidewalk to an off-site sidewalk to the north. Staff recommended approval; a neighborhood representative voiced concerns about tree line and mounding but withdrew after discussion with the petitioner.

Public Comments & Testimony

• Lori Clark (6311 Yearling Run, 46278) – Expressed concern that the proposed development for 2018-DV1-052 would affect trees and a mound on the north property line. After a hallway discussion with the petitioner, she stated she was satisfied as long as the trees and mound were not disturbed.
• Kylie Hofsteder (1906 Commerce Avenue) – Remonstrated against 2018-DV1-051. She stated that while she liked her neighbors, the carport construction had started without prior consultation, removed a section of privacy fencing, lacked a gutter (causing water runoff onto her property), and was painted a different color from the garage. She requested that the carport be moved inward, a gutter installed, the structure painted to match, and confirmation that her property’s future use would not be affected.
• Robert Oliver (828 East Minnesota Street) – Remonstrated briefly for 2018-DV1-053, initially concerned about a half-foot east setback affecting his property. After clarification that the setback referenced the existing house and not the garage, he stated he had no problem with the garage.

Discussion Items

• 2018-DV1-050 – 701 Parkway Avenue: The petitioner, through representative Jason Burke, agreed to staff’s conditional recommendation to reduce the garage to 20×20 feet, remove the breezeway, and meet detached garage setbacks, but disputed the staff-calculated open space percentage (37% vs. petitioner’s 32%). Staff requested a continuance to review the math. The Board granted a continuance to the next hearing.
• 2018-DV1-051 – 1910 Commerce Avenue: Petitioner Anthony Jones argued that a zero-foot side setback for a carport was necessary to allow vehicle access from the alley. Staff recommended approval of the dwelling’s two-foot west side setback but denial of the carport, citing the need for trespass onto the adjacent property to maintain the structure, potential stormwater issues, and the existence of a two-car garage. The remonstrator detailed her concerns. The Board voted 4-1 to deny the carport variance (one member voted in favor) and continued the case for adoption of findings.
• 2018-DV1-053 – 824 East Minnesota Street: Petitioner’s representative Jason Burke argued that the garage was an existing structure (dating to at least 1956) that had been repaired, not rebuilt, and should be treated as legal non-conforming. Staff countered that the removal of walls constituted new construction requiring compliance with current setbacks and clear sight triangle standards. The Board split the vote: Part A (legally establish the dwelling with 3.5-foot front, 2-foot west, 0.5-foot east setbacks) was approved 5-0. Part B (the garage with 0.4-foot west and north rear setbacks, 2-foot east setback, 31% open space, encroaching into the clear sight triangle) was also approved 5-0, overruling staff’s denial recommendation.

Key Outcomes

• Approved (unanimous): 2018-DV1-048, 2018-DV1-049, 2018-DV1-052 (all expedited).
• Denied and continued for findings: 2018-DV1-051 (carport variance denied 4-1; dwelling setback approved).
• Approved (split vote): 2018-DV1-053 – Part A (dwelling) approved 5-0; Part B (garage) approved 5-0.
• Continued to next hearing: 2018-DV1-050, to allow staff to review open space calculations and for the petitioner to submit an updated site plan.
• The Board also noted that the two-thirds rule for demolition (per Chapter 740, Article 6) applies when a structure is voluntarily removed; natural disaster may allow rebuild to original dimensions. Staff advised that the demolition rule is enforced by the Bureau of Neighborhood Services.