Metropolitan Board of Zoning Appeals Division 1 Hearing - July 6, 2021
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Metropolitan Board of Zoning Appeals Division 1 Public Hearing - July 6, 2021
The Metropolitan Board of Zoning Appeals, Division 1, chaired by Joanna Tapp, held a public hearing on July 6, 2021. The board considered continuances, expedited petitions, and two non-expedited variance cases. Board members present were Clint McKay, Beth Brandon, and Roderick Bahannon, with legal counsel Chris Steinmetz and staff from the Division of Planning.
Consent Calendar
- The board approved a waiver of rules of procedure to allow a single vote on all expedited petitions and findings of fact. Motion carried unanimously.
- The following continuances were granted by unanimous vote:
- 2021 DV1039 (1709 Alford Street): Continued to August 3, 2021 hearing with notice, as requested by petitioner Mark Demerley due to amended survey conditions.
- 2021 UV1012 (619 Holly): Continued to August 3, 2021 hearing without notice, requested by Sarah Walters due to prior indecisive vote.
- 2021 DV1013 (address not specified): Continued to August 3, 2021 hearing with additional notice, requested by Sarah Walters because a survey was recently obtained.
- 2021 UV1014 (1336 Shelby Street): Continued to August 3, 2021 hearing due to deficient notice, as recommended by staff.
- 2021 UV1015 (2415 East Southport Road): Acknowledged automatic continuance to August 3, 2021, filed by a registered neighborhood group.
- Petition 2021 DV1036 (7201 North Illinois Street) was moved to the expedited docket with staff's concurrence, as no remonstrator appeared.
- Petition 2021 DV2024 (1054 East Troy Avenue) was amended to withdraw variance requests for chain link fence, outdoor storage, and operations in the rear transitional yard; the amended petition was moved to the expedited docket.
Public Comments & Testimony
- No public testimony was received for the expedited cases.
- For non-expedited case 2021 DV1025, neighbor Tom Bailey (2830 North Raider) testified in support, stating the petitioner's work has improved the neighborhood and requesting the board allow completion of the structure.
Discussion Items
2021 DV1025 – 2816 North River Avenue (Roy E. Trotter, represented by David A. Rutherford)
- Petitioner's Position: Mr. Rutherford explained that the .45-acre lot is zoned DA (designed for larger tracts), and the proposed 1,600 sq. ft. pole barn (22.67 ft tall) would replace an existing dilapidated garage. The new building would have a 3-foot side setback, 13.5-foot rear setback, and 77% open space (vs. required 15 ft side/rear, 85% open space). A height variance was needed because the accessory building exceeds the 14.5 ft house height (though under the 24 ft code limit). Petitioners offered commitments: no commercial vehicle storage in the building and removal of existing outbuildings within one year. They gathered 18 signatures of support from neighbors.
- Staff Recommendation: Denial. Staff argued the structure is too large for the site, would not maintain the dwelling as the primary use, and no practical difficulty was demonstrated since a smaller structure could comply. The height and mass would negatively impact the surrounding single-story ranch character.
- Board Questions: Chairperson Taft asked to widen the commitment to prohibit commercial vehicle storage anywhere on the premises, which the petitioner accepted.
- Outcome: Approved 4-0 (McKay aye, Bohannan aye, Brandon aye, Taft aye).
2021 UV1013 – 4626 East 30th Street (Homes by Luster, LLC, represented by Brent Bennett)
- Petitioner's Position: Mr. Bennett requested a use variance to construct a 1,500 sq. ft. steel building for storing vehicles and equipment related to a home cleaning company. The lot is vacant in a D5 zone. He argued the area already contains non-residential uses, such as a nearby lot with nine parked cars.
- Staff Recommendation: Denial. Staff stated the use would be inappropriate in the residential context, would adversely affect adjacent property values, and the vacant lot could be developed residentially consistent with the traditional neighborhood plan. A prior variance at 4710 East 30th Street was for an accessory structure to an existing residence, not a standalone commercial use.
- Board Vote: McKay aye, Bohannan aye, Brandon aye, Taft no. Approved 3-1.
- Follow-up: The board noted that the proposed findings of fact were deficient. The petition was continued to the next hearing for adoption of suitable findings.
Key Outcomes
- Expedited Docket: All 14 expedited petitions (2021 DV1031, DV1033, DV1034, DV1035, DV1037, DV1038, DV1040, DV2024, DV3029, DV1036 and others listed) were approved by a single unanimous roll call vote (4-0). These involved variances for setbacks, height, open space, parking, and accessory structures.
- 2021 DV1025: Approved 4-0 with commitments to remove existing outbuildings within one year and prohibit commercial vehicle parking on the property.
- 2021 UV1013: Approved 3-1 but continued for adoption of findings; petitioner to work with staff on revised findings of fact.
- Adoption of Findings: The board adopted findings for previously approved petitions (2020 DV1082, 2021 DB1026, 2021 DV1027) presented by Members Taft, Bohannan, and McKay. Findings for petitions approved on July 6 with suitable findings were also signed.
Meeting Transcript
I'm going to call this meeting to order. So, 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 today are Clint McKay to my left, Beth Brandon in front of me, and Rod, I'm sorry, Clint McKay to my right, and Roderick Bahannon to my left. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Larry Callaway, Principal Planner 2, Jeffrey York, Senior Planner, Robert Yulenhake, Senior Planner, Marlene Irehetta, 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 the 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 administrators' 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, 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 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 and screening, the paving and parking area, and the dedication of rights away are examples. Compliance with the conditions imposed by the board must be proved 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 a 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 contact 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. All voting today will be done by roll call. Please be courteous and orderly at all times, and please be sure that all cell phone ringers are turned off. Before we hear special requests, I would ask for a ray waiver of our rules of procedure to allow 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. Okay, and is there a second? Second. I'll now ask for a vote. McKay. McKay, aye. Well, Hannah, I. Brandon. Brandon, aye. And Taft I. Now I'd like to ask if there are any special requests. Is there anyone in the audience who has any questions about our procedures? Um if not, we'll go ahead and consider special requests and continuances at this time. I would like to note that there are only four members present today, and so your request will need three votes to take action on a request. And if there's an indecisive vote, two against two, your petition will all automatically be continued to next hearing of the board, and we'll have to hear it over again.
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