Metropolitan Board of Zoning Appeals Division 1 Hearing - December 1, 2020

The Metropolitan Board of Zoning Appeals Division 1 convened electronically on December 1, 2020 at 6:15 p.m. under COVID-19 guidelines, with Chairperson Johanna Taft presiding. The board addressed multiple administrative actions (withdrawals, continuances) and heard two full contested cases: a pylon sign variance for Bob Evans and a storage container variance. The meeting included remote participation via WebEx and telephone.

Consent Calendar

• The board acknowledged withdrawals of petitions 2020-DB1-057 (8632 Green Brave North Drive), 2020-UV1-014 (1010 Bursault Parkway), and 2020-UV1-017 (405 Lincoln Street) at the petitioners' requests.
• An automatic continuance was granted for petition 2020-UV1-016 (1206, 1210, and 1222 English Avenue) to January 5, 2021, filed by a registered neighborhood organization.
• Continuances were granted for 2020-DB1-039 (8403 Michigan Road), 2020-UV1-013, and 2020-UV1-018 (5650 Madison Avenue) to January 5, 2021, based on requests from petitioners or remonstrators.
• The board voted unanimously to approve three expedited petitions in a single vote: 2020-DV1-073 (601 West Epler Avenue – pole barn with deficient setbacks), 2020-DV1-075 (1132 Hoyt Avenue – single family dwelling with reduced separation), and 2020-UV1-015 (1426 East Kelly Street – subdivision and open space variance). All petitioners affirmed they had read the staff report and agreed to conditions.

Public Comments & Testimony

• Greg Kitzmiller (telephone) identified himself as a remonstrator for petition 2020-UV1-018 (5650 Madison Avenue) and agreed to a continuance.
• A second telephone caller identified as being present for petition 2020-DV1-009 (Bob Evans) but did not provide substantive testimony.
• No public comments were submitted for the storage container case.

Discussion Items

Case 2020-DV1-009: Bob Evans Pylon Sign (amended petition)

• Petitioner Sean Smith (representing Bob Evans) requested a variance to install a 40-foot tall, 148-square-foot pylon sign and a directional sign along Aronson Road, with a front setback variance (originally zero feet). Due to the expansion of North Keystone Avenue, the existing pylon sign had been removed and direct access was lost. Smith argued the signage was necessary for visibility and wayfinding, noting that the building is set back and obscured. He withdrew the setback request, agreeing to meet the required 5-foot setback.
• Remonstrator Mark Mankfeld (attorney for Coast to Coast, the adjacent property owner to the south) opposed only the size of the pylon sign. He argued that the same-sized sign now occupies a much smaller visual space after the road widening, dominating the area and potentially spurring a sign competition among businesses. He suggested a sign compliant with the existing ordinance (lower square footage) would be sufficient for Bob Evans' brand.
• Staff (Erica Hinshaw) recommended approval, noting the previous sign had identical height and area, the setback was now satisfied, and the petitioner had demonstrated a practical difficulty due to the road expansion.
• Board questions focused on the temporary nature and the visual impact. Remonstrator emphasized the contracted visual space.

Case 2020-UV1-012: Storage Container at 2727 Ketchum Street

• Petitioner Justin Long (representing Metro Fibernet and AJJ Construction) requested a variance to allow outdoor storage containers within 500 feet of a protected district, where outdoor storage is not permitted and cannot exceed 25% of building size. He explained the container was temporary (1-2 years) to support fiber-optic construction projects in the area, and that the property had undergone significant renovation. He offered to add screening slats and noted the container was not visible from adjacent properties due to vegetation and an alley.
• No remonstrators testified.
• Staff recommended denial, citing the area's predominantly residential character per the comprehensive plan, the container's visibility above the fence adjacent to residential properties, and the fact that the container could be permitted as a permanent structure (requiring a foundation and building permit) without a variance.
• Petitioner responded that a permanent foundation was not warranted for a temporary container, but acknowledged that if denied, they would pursue a building permit.
• Board vote: all four members voted no, resulting in denial.

Key Outcomes

• Expedited petitions: Approved unanimously.
• Withdrawals and continuances: Acknowledged and granted as listed above.
• 2020-DV1-009 (Bob Evans pylon sign): Vote tie (2-2; Bohannon and Taft yes, McKay and Robinson no). Due to tie, the petition was automatically continued to the January 5, 2021 hearing without additional notice.
• 2020-UV1-012 (Storage container): Denied (4-0). The board directed staff to prepare negative findings of fact in support of the denial; the petition will be continued for formal adoption of those findings.