Metropolitan Board of Zoning Appeals Division 1 Hearing - October 1, 2019
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Metropolitan Board of Zoning Appeals Division 1 Hearing - October 1, 2019
The Metropolitan Board of Zoning Appeals Division 1 convened on October 1, 2019, at 6:00 PM under Chairperson Joanna Tapp, with board members Roderick Rohannon and Peter Hanscom. The meeting addressed multiple continuance requests, expedited variance petitions, and one contested use variance that resulted in a split vote and automatic continuance.
Continuances
- 2019 DV1049 (4301-4325 West Washington Street): Petitioner Theodore Minch requested a continuance to November 7, 2019, due to trial scheduling. Staff had no objection. Motion carried unanimously.
- 2019 DV1050 (401 North Walcott): Petitioner requested a continuance to November 7, 2019. Staff had no objection. Motion carried unanimously. Petitioner also inquired about posting new signs; staff advised that signs should remain with case number only (no date change) until board decision.
- 2019 UV1013 (30 West Adler Street): Petitioner Jonathan Imperial requested a continuance to November 7, 2019 without additional notice. Staff had no objection. Motion carried unanimously.
- 2019 DV1052: Petitioner Ricardo Trula requested transfer to October 8, 2019 Board 2 hearing without additional notice. Staff had no objection. Motion carried unanimously.
- 2019 DV1036 (8185 Sigamore Road): Staff drew attention to the petition, which was requesting a continuance to November 7, 2019 with notice as amended. Motion carried unanimously.
- 2018 DV1037 (1007 Lexington Avenue): Automatic continuance filed by a registered neighborhood group, continuing to November 7, 2019. Board acknowledged.
Expedited Cases (Variances Approved)
- 2019 DV1048 (515 Orange Street): Petitioner Paul Carroll requested a variance of development standards for a garage and front porch addition to an existing single-family dwelling. Staff recommended approval, no remonstrance. Board voted 3-0 to approve.
- 2019 DV1051 (245 Dixon Street): Petitioner John Dearwester requested a variance to legally establish a single-family dwelling with reduced setbacks and a detached garage. Staff recommended approval. Board voted 3-0 to approve.
- 2019 UV1016 (7405 Westfield Boulevard): Petitioner Michael Rabinowich requested a use variance for behavioral therapy services. Staff and Nora Community Council recommended approval subject to three commitments. Board voted 3-0 to approve.
Discussion Item: 2019 UV1017 (3015 South Harding Street)
- Petitioner: David Owens requested a use variance to permit storage of equipment and gravel on a residentially zoned (D4) lot. He argued the lot is used as a turnaround for trucks, reducing traffic on residential streets, and that the site had been used similarly for years. He noted planned landscaping (apple trees) and that nearby properties are already commercial or gravel.
- Staff Position (Larry Callaway): Recommended denial. Staff argued the use would be inconsistent with the comprehensive plan, detrimental to surrounding residential neighborhoods, and would lead to further non-residential encroachment. Concerns included dust, runoff, aesthetic impacts, and that any practical difficulty was self-imposed since the site could be used for permitted residential uses.
- Board Vote: Peter Hanscom voted yes; Joanna Tapp and Roderick Rohannon voted no. With one yes and two no votes, the petition was automatically continued to November 7, 2019, for a new hearing before a full board.
Other Business
- The board adopted negative findings of fact for petition 2019 DV1025.
The meeting was adjourned after all business. No public comments from non-petitioners were received.
Meeting Transcript
I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I'm Joanna Tapp, Chairperson of Division 1. Other board members present to my left are Roderick Rohannon and to my right, Peter Hanscom. Legal counsel for the board today is Chris Steinmetz. Recording these proceedings today is Ron Hampton. Staff members present from the Division of Planning are Heather Stefan, Board Senior Board Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2. Robert Lenhay, Senior Planner. Keith Holdsworth is the current planning administrator. The board has 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 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 person appear 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 summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for the 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 petitioner shall 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 bring this matter to the board's attention at the beginning of the hearing. The board may impose various conditions and commitments as amendments before reaching a certain petition on certain a decision on certain petitions. The installation of landscaping 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 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 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 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. Is there anyone in the audience who has any questions about our procedures? If not, we'll consider special requests and continuances at this time. Good afternoon. My name is Theodore Minch and I represent the petitioner in the matter of uh uh 212 2019 DV1049 4301 4325 West Washington Street. At this time we are requesting a continuance. Uh this is the first setting in this matter. Uh I was involved in the trial that uh a lengthy trial that took me out of town for most of the month of uh of July and August, and there are still matters that we need to conclude in support of our petition. Okay. Is there anyone in the audience who is interested in um 2000 or two 2019 DV1049? And I I didn't ask, are you asking for a continuance of November 7th? Is that correct? Uh yes, ma'am.
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