Board of Zoning Appeals Division 1 Meeting - April 2, 2019
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Board of Zoning Appeals Division 1 Meeting - April 2, 2019
The Metropolitan Board of Zoning Appeals Division 1, chaired by Joanna Taft, convened on April 2, 2019, at 6:15 PM to hear multiple petitions for variances and special exceptions. The meeting covered continuances, expedited approvals, and contested hearings, resulting in several approvals, one denial, and multiple continuances.
Consent Calendar
- 2019 SE 1004 (813 & 819 West 27th St) – Special exception for parking lot for existing religious use. Approved unanimously (5-0).
- 2019 DV 1009 (8855 South Emerson Ave) – Variance for drive-through service unit. Approved unanimously (5-0).
- 2019 DV 1012 (717 Orange St) – Variance for single-family dwelling addition. Approved unanimously (5-0).
- 2018 UV 1024 (amended) (810, 814, 818 South State Ave) – Variance for three single-family dwellings. Approved unanimously (5-0); continued for revised findings.
- 2019 SE 1003 (4040 East Thompson Rd) – Special exception for wireless communication facility. Approved unanimously (5-0) with commitment to remain outside stream protection corridor.
- 2019 DV 1008 (714 & 718 Cottage Ave) – As amended to 54% open space, variance approved unanimously (5-0).
- 2019 UV 1005 (2903 Kentucky Ave) – Variance for outdoor freezer storage. Approved unanimously (5-0).
Public Comments & Testimony
- Janice McCartney (2122 De Bello Court) – Remonstrator against 2019 SE 1002 (parking lot for Blended Church at 8240 West 21st St). Raised concerns about drainage, traffic safety, prior code violations, noise, and privacy. Argued that the church has available parking and alternative options (e.g., satellite location).
- Melissa Green (2927 South Rowena St) – Spoke in support of 2019 SE 1002, noting overcrowding on Sundays and need for overflow parking.
- Scott and Helen Middleton (1530 West Roach St) – Petitioners for 2019 DV 1011 (deck addition). Explained deck was built without permit due to ignorance, and they are willing to modify it. Submitted letters of support from neighbors.
- Delva Rodriguez (2750 South Meridian St) – Petitioner for 2019 UV 1003 (beauty salon in accessory building). Her daughter translated; proposed limited hours and appointments. Staff recommended denial due to commercial intensity in residential zone.
- Kenneth Majors – Petitioner for 2019 DV 1010 (2212 Woodlawn Ave, additions to dwelling). Explained need for master suite for disabled veteran. Staff split recommendation: approve setbacks but deny open space reduction.
Discussion Items
- 2019 SE 1002 (8240 West 21st St, church parking lot) – Petitioner David King presented site plan for 76-space lot with landscaping, low-level lighting, and pathway to church. Pastor Daner Moyer testified to need (average attendance 900-1,000). Remonstrator Janice McCartney objected on drainage, traffic, and prior violations. Staff recommended approval subject to two commitments (site plan and trail easement). Petitioner offered three additional commitments: lot used only for parking, gate on 21st St (open Sundays only), and removal of parking if church vacates. After debate about gate compatibility with trail, board voted 3-2 to approve (Von Dalen, Bohannon, Hanscom yes; Taft, Robinson no). Continued for findings.
- 2019 DV 1011 (1530 West Roach St, deck addition) – Extensive discussion on feasibility of compliance via lowering deck to under 18 inches and raising retaining wall. Staff maintained that setbacks still require variance. Petitioner did not withdraw. Motion to vote on original request passed; board denied unanimously (0-5), making petitioner ineligible to reapply for one year unless design changes materially. Continued for findings.
- 2019 DV 1010 (2212 Woodlawn Ave) – Petitioner Kenneth Majors proposed expansion to 51% open space. Staff recommended approval of setbacks but denial of open space reduction, citing alternative design possibilities. Board suggested continuance to allow petitioner to work with staff. Continued to May 14, 2019.
- 2019 UV 1003 (2750 South Meridian St, beauty salon) – Staff recommended denial due to commercial nature in residential zone, but petitioner offered to reduce to one employee (owner). Board continued to May 14, 2019, to explore options with staff.
- Various continuances and transfers:
- 2018 UV 1025 continued to May 14.
- 2018 UV 1045 continued to May 14.
- 2018 DV 1044 continued and transferred to Board 3 on April 16.
- 2018 DV 1055 continued to May 14.
- 2019 UV 1004 continued to May 14 with new notice.
- 2019 UV 1006 automatically continued to May 14.
- 2019 UV 2003 withdrawn.
Key Outcomes
- Approved (5-0): 2019 SE 1004, 2019 DV 1009, 2019 DV 1012, 2018 UV 1024, 2019 SE 1003, 2019 DV 1008, 2019 UV 1005.
- Approved (3-2): 2019 SE 1002 (church parking lot) with five commitments.
- Denied (0-5): 2019 DV 1011 (deck at 1530 West Roach St).
- Continued to May 14, 2019: 2018 UV 1025, 2018 UV 1045, 2018 DV 1055, 2019 UV 1004, 2019 UV 1006, 2019 DV 1010, 2019 UV 1003.
- Continued and transferred: 2018 DV 1044 to Board 3 on April 16, 2019.
- Withdrawn: 2019 UV 2003.
Meeting Transcript
I'm going to call this meeting to order. Oops. The meeting is still called to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I'm Chairperson Joanna Taft of Division 1. The other board members present to my left are uh Craig von Dalen, who is substituting from Board 3. And then in a minute, Roderick Bohanan will rejoin us, so we will have a four full board today. To my right is Peter Hanscom and Brian Robinson. 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 Heather Stefan, Senior Board Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2. Robert Ulenhaik, Senior Planner. Paige Story, Senior Planner. Keith 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 the hearing are governed by the board's rules of procedures. 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 should 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 sub 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 administrator's comments regarding the petition. The petitioner then 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 then have be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement. No further evidence, statement, or arguments will be heard unless it is 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 petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice sign 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 bring the 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 dis a decision on certain petitions. The installation of landscaping and screening, the paving of parking area, and the dedication of rights of way 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 conditions imposed by the board must be proved 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 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 mailing 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 all cell phone ringers are turned off. If there's anyone in the audience who has questions about our procedures, um would be the time to ask. Otherwise, we will continue with special requests and continuances at this time. I have uh two petitions. Uh the first petition I have a request regarding is 2018-UV1-024, property address 810, 814, and 818 South State Avenue. Uh we revised this petition March 4th and uh have come to an agreement with staff where they are recommending approval. We would ask uh that this would be moved to the expedited docket. Uh did you say 2018 UV 102 024.
openpublica.com