Metropolitan Board of Zoning Appeals Division 1 Public Hearing - June 1, 2021
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Metropolitan Board of Zoning Appeals Division 1 Public Hearing - June 1, 2021
The Metropolitan Board of Zoning Appeals (BZA) Division 1 held a public hearing on June 1, 2021, at 6:15 PM. Chairperson Joanna Taft presided, with board members Clint McKay and Roderick Bohan. Legal counsel Chris Steinmetz and planning staff were present. The board heard special requests, an expedited docket, and two non-expedited variance cases, resulting in multiple continuances and one approved expedited docket.
Special Requests & Continuances
- 2021 DV1013 (664 North Babel Avenue): Petitioner requested a final continuance to July 6, 2021, with notice if needed. Unopposed; staff had no objection. Approved unanimously.
- 2021 DVI028 (Glover's Inc.): Requested a continuance to August 3, 2021, without notice due to petitioner's vacation. Unopposed; staff had no objection. Approved unanimously.
- 2021 UV1012 (619 Holly Avenue): Petitioner requested to place on expedited docket, but a remonstrator appeared, so it proceeded as a non-expedited case (see below).
- 2021 DB1031: Staff requested a continuance to July 6, 2021, with notice to allow petitioner time to amend variance request. Unopposed. Approved unanimously.
- 2021 UV1013: Staff requested a continuance to July 6, 2021, without notice, as petitioner was not present. Unopposed. Approved unanimously.
Expedited Docket (Consent Vote)
The board waived its rules to vote on all expedited petitions in a single roll call. The following petitions were approved unanimously (3-0), with three cases continued for adoption of revised findings of fact:
- 2020 DV1082 (32 North Catherine Wood Avenue): Variance for three single-family dwellings with reduced setbacks and lot dimensions.
- 2021 DV1026 (244 North Summit Street): Variance to legally establish a single-family dwelling with reduced setbacks and 43% open space (amended).
- 2021 DV1027 (945 Elm Street): Variance for an addition to a single-family dwelling with reduced setbacks.
- 2021 DV1029 (1635 Hoyt Avenue): Variance for a detached garage with 49% open space.
- 2021 DV1030 (Oaks – liquid storage silos): Variance for nine silos up to 66.42 feet tall (50-foot max). Petitioner agreed to a neighborhood commitment to paint silos soft gray. The board approved all expedited petitions, but noted that 2020 DV1082, 2021 DV1026, and 2021 DV1027 required continued adoption of revised findings of fact.
Public Comments & Testimony
- Jay Napoleon (President, Valley Neighborhood Association, 911 River Avenue): Opposed variance for 619 Holly Avenue to convert a single-family home to a duplex. Argued the neighborhood is historic, with high rental and vacancy rates, and feared increased short-term rentals (Airbnb) and parking problems. Asked the board to deny the request.
- Charles Starkey (2701 North Ritter Avenue): Appeared in support of the 2816 North Raider Avenue pole barn variance. Described the property as an improvement to the neighborhood and noted no neighbor complaints.
Discussion Items
Non-Expedited Case 1: 2021 UV1012 – 619 Holly Avenue (Brass Monkey Properties LLC)
- Petitioner (Sarah Walters): Requested a variance of use to convert a single-family dwelling into a two-family dwelling (duplex) in a D5 zone. The lot is 15,000+ sq ft, nearly twice the size of neighboring lots, and the conversion would not expand the footprint. Staff recommended approval, noting seven other two-family dwellings within a block and the lot’s size.
- Remonstrator (Jay Napoleon): Representing the Valley Neighborhood Association, opposed the variance, citing the neighborhood’s historic character, high rental rates (40%), and vacancy (36%). Feared the property would become a rental or Airbnb, causing parking and noise issues.
- Staff (Jeffrey York): Recommended approval, acknowledging the lot’s size and character compatibility. Corrected an error in the staff report about the neighborhood’s age.
- Board Vote: McKay – no, Bohan – no, Taft – yes. Indecisive vote (1-2), petition automatically continued to July 6, 2021.
Non-Expedited Case 2: 2021 DV1025 – 2816 North Raider Avenue (Roy Trotter)
- Petitioner (David Rutherford, attorney): Requested variances of development standards to legally establish a partially completed 40’x40’ pole barn (22.67 ft tall, 1,600 sq ft). The barn exceeded the home’s height (14.5-15 ft), had reduced setbacks (3 ft side, 13.5 ft rear), and 77% open space (85% required). Petitioner argued the lot is 0.45 acres in a DA zone, making the 15-ft setbacks impractical. He presented a petition signed by neighbors in support and committed to demolish two old accessory buildings within one year and not store commercial vehicles.
- Supporter (Charles Starkey): Neighbor across the street, testified that the barn is an improvement and that neighbors are positive.
- Staff: Recommended denial, stating the structure’s size and height are atypical and would make the dwelling secondary. The practical difficulty could be resolved with a smaller structure.
- Board Vote: McKay – aye, Bohan – aye, Taft – no. Indecisive vote (2-1), petition automatically continued to July 6, 2021.
Staff Presentation on BZA Statutory Changes
- Staff (likely Matt Pleasant) informed the board of upcoming state law changes effective July 1, 2021, affecting BZA composition. Key points: no more than two members per division may reside in the same township; all nine townships must be represented across all divisions; petitions must be allocated to a division with a member from the parcel’s township. Board members expressed concerns about conflicts and logistical challenges. The possibility of a training session at the end of June was discussed.
Key Outcomes
- Continuances granted: 2021 DV1013, 2021 DVI028, 2021 DB1031, and 2021 UV1013 were continued to July or August 2021 hearing dates (terms specified).
- Expedited docket approved: All five expedited petitions were approved unanimously, with three requiring further adoption of findings of fact.
- Non-expedited case 2021 UV1012: Continued to July 6, 2021, due to a 1-2 vote (McKay and Bohan opposed, Taft in favor).
- Non-expedited case 2021 DV1025: Continued to July 6, 2021, due to a 2-1 vote (McKay and Bohan in favor, Taft opposed).
- Note on voting: With only three board members present, all three votes must be the same for a decision; any split results in automatic continuance.
- Future planning: Staff and board discussed coordinating BZA training and appointments to comply with new state law by January 1, 2022.
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 1. Other board members present today are Clint McKay and Roderick Bohan. 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 Eulin Haik, Jeffrey York, Senior Planner, Marlene Irahetta, Senior Planner, Genesis Hill, Associate Planner, Heather Stefan, 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 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. 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 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 with 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 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 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 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 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 this public hearing process is prohibited. All voting today will be done by roll call. I will individually read each board member's name and ask them to vote yes or no. 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 questions about our procedures? Seeing hearing none, we'll talk about special requests. Before we hear our special requests, I will ask for a waiver of our rules of procedure to allow for the board to vote for all expedited petitions and adopt their findings of fact in a single vote rather than voting on each petition separately. So I need a motion. So move. I need a second. Second. I'll now ask for a vote. McKay? McKay, aye. Bohannon. Bohannon, aye. Taft aye.
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