Metropolitan Board of Zoning Appeals Division 1 Hearing - February 4, 2020
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Metropolitan Board of Zoning Appeals Division 1 Hearing - February 4, 2020
The Metropolitan Board of Zoning Appeals Division 1 met on February 4, 2020, at 6:00 PM in a public hearing. Chairperson Joanna Taft presided, with board members Roderick Bohanan and Peter Hanscom. The board considered special requests, continuances, and three expedited variance petitions. All three petitions were approved unanimously.
Special Requests & Continuances
- 2019 DV 1049 (continued from prior hearings): Staff recommended dismissal due to lack of prosecution and failure to submit required affidavit of notice and legal description over four months. Petitioner's attorney Theodore Minch appeared and requested a final continuance, stating he was obtaining signatures. The board granted a continuance to the March 2020 hearing with new notice.
- 2019 UV 1027: Petitioner Sarah Walters requested placement on the expedited docket. Staff had no objection; it became the third expedited case.
- 2019-DV1-070 and 2019-DV1-069: Automatic continuances filed by registered neighborhood organizations were acknowledged, continuing both petitions to March 3, 2020.
Discussion Items & Expedited Petitions
2020 DV 1001 – 1715 White Avenue (RCA Properties LLC, rep. Sarah Walters): Variance to construct a single-family dwelling with 8–9 ft between dwellings and 51% open space (60% required). Staff had no objections. Unanimously approved (3-0).
2020 DV 1002 – 405 Rawls Court (Hangar LLC, rep. Justin Kingan): Variance for industrial development with reduced yards and outdoor storage up to 148% of gross floor area (25% allowed). Petitioner concurred with staff commitments, added additional wording, and noted support from Warren Township Development Association. Staff recommended approval with amended commitment. Unanimously approved (3-0).
2019 UV 1027 – 1919 South Post Road (CIL Incorporated, rep. Sarah Walters): Variance of use to legally establish an existing commercial office building in a DA district. Commitment to obtain building permits before improvement location permit. Staff had no additional comment. Unanimously approved (3-0).
Key Outcomes
- All three variance petitions were approved by a 3-0 vote.
- Petition 2019 DV 1049 was continued to March 2020 with new notice.
- Two automatic continuances were acknowledged for March 3, 2020.
- No public comments were made, and no consent calendar was presented.
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 Taft, Chairperson of Division One. Other board members present today to my left, Roderick Bohanan. To my right, Peter Hanscom. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the Division of Planning are Larry Callaway, Principal Planner 2. Robert Ulan Haik, Senior Planner. Marlene Uriheta, Senior Planner. Alison Richardson, senior planner. Heather Steffen, Senior Specialist and Secretary to the Board. Matt Pleasant 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 boards of rural 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 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 administrator's 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 then be allowed five minutes for a 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 to 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 or commitments as amendments before reaching 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 in 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? Seeing none, we will consider special requests and continuances at this time. This is the first continued petition. This petition has been continued three times over the course of four months by the petitioner's representative. And in those three months, four months, requested information by staff has not been submitted by the petitioner, specifically an affidavit and notice and legal description for the petition. So the file is deficient in that regard. The last contact by the petitioner's agent with staff was in November. Therefore, staff is requesting that this petition be withdrawn due to lack of prosecution on part of the petitioners. Excuse me, not withdrawn. Staff does recommend this petition be dismissed.
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