Board of Zoning Appeals Division One Meeting - June 4, 2020

This meeting of the Board of Zoning Appeals Division One was held electronically on June 4, 2020, due to COVID-19 restrictions. The board addressed consent calendar items, three continuances, an expedited docket of four petitions, and two regular hearings. A tied vote on one variance petition resulted in automatic continuance. The board also adopted findings of fact for multiple prior petitions.

Consent Calendar

• The board unanimously approved the minutes of the May 12, 2020 meeting.
• Two motions were passed unanimously to temporarily suspend the board's rules requiring notarization of affidavits of notice and additional on-site posting of notice until August 4, 2020.

Public Comments & Testimony

• 2020 UV1003 (3544 Carrollton Avenue): Several remonstrators spoke in opposition, including attorney Derek Raymond representing neighbors Nathan Abbott, Yale Amram, and Logan Wector. Raymond argued that the property had been used as a 26-room shared housing operation, causing health and safety issues (rodent/roach infestations, trash, police calls). He stated that 36 neighbors signed a petition opposing the variance. Glenn Luzader, treasurer of the neighborhood association, described the property as a persistent problem and criticized the owner for lack of community engagement. Other remonstrators (Dominic Beard, Diane Montgomery, Kate Cosnet Conzen) declined to speak further.
• 2020 DV1023 (3641 South Fisher Road): No remonstrators spoke.

Discussion Items

• Expedited Petitions: The board heard four petitions on the expedited docket: 2020 DV1021 (amended, 6407-6419 Ferguson Street), 2020 DV1024 (930 Elm Street), 2020 DV1026 (4421 East 75th Street), and 2020 UV1004 (10859 East Washington Street). Staff recommended approval for all, noting additional commitments for DV1021 from the Broad River Village Association and a correction to commitment numbering for UV1004. No audience members requested full hearings. The board approved all four unanimously.
• 2020 DV1023 (3641 South Fisher Road): Petitioner Elisa Westlake sought a variance to build a 3,200 sq ft pole barn (larger and taller than the primary dwelling) for livestock and feed storage. Staff recommended denial, citing the barn's size and height exceeding accessory building limits; the property is in a DA district where exemptions for agricultural structures apply only to for-profit enterprises, not personal use. The petitioner argued that two smaller barns would cost more ($115,000 vs. $70,000) and require tree removal. The petitioner (Danette Short) declined to commit to restricting the barn to livestock-related uses. The board voted 3-2 (Robinson, Hanscom yes; McKay, Bohannon, Taft no) to deny the petition.
• 2020 UV1003 (3544 Carrollton Avenue): Petitioner Circle City Weekly Rentals, represented by John Cross, requested a variance of use to legally establish a 10-unit multifamily building in a D5 district (permitting only single- and two-family dwellings). The building had been operated as a 10-unit apartment since the 1990s; the owner purchased it in 2016 believing it was legal. Staff recommended approval, noting the building's historic use, proximity to the Red Line transit, and commitments to pave the parking lot, enclose the dumpster, provide bike storage, and plant trees. Remonstrators opposed, citing 80 police calls since 2019, health code violations, trash, and shared housing (26 rooms) advertised on Craigslist as recently as two months prior. The petitioner's representative, Daryl Finkton, committed to 10 units only, year-long leases, no shared housing/weekly rentals, and staff review of the final site plan. The board voted 2-2 (Robinson, Bohannon yes; McKay, Taft no), resulting in a tie and automatic continuance to July 7, 2020, without additional notice.

Key Outcomes

• Minutes approved: May 12, 2020 meeting minutes adopted unanimously.
• Rules suspension: Two motions to suspend notarization and on-site notice requirements passed unanimously, effective through August 4, 2020.
• Continuances granted:
  • 2020 DV1025 (8760 Crown Point Road) continued to July 7, 2020, with additional notice.
  • 2020 DV1009 (Bob Evans) continued to July 7, 2020.
  • 2020 DV1018 (Roberta Ross) continued to July 7, 2020, with additional notice.
• Expedited petitions approved: All four (2020 DV1021, DV1024, DV1026, UV1004) approved unanimously.
• Petition denied: 2020 DV1023 (pole barn) denied by a 3-2 vote; negative findings of fact to be adopted.
• Petition continued: 2020 UV1003 (multifamily variance) resulted in a 2-2 tie, automatically continued to July 7, 2020, without additional notice.
• Adoption of findings of fact: The board adopted findings for 12 petitions from the April 7 and May 12 hearings, and for the four expedited petitions approved today, with a unanimous vote.