Metropolitan Board of Zoning Appeals Division I Meeting - August 3, 2021

The Metropolitan Board of Zoning Appeals Division I convened on August 3, 2021, at 1:00 PM in the Public Assembly Room of the City-County Building. Chair Joanna Taft presided, with board members Ron Hampton, Roderick Barhannon, Beth Brandon, and Clint McKay. The board heard and decided numerous variance petitions, including expedited items, indecisive and transferred cases, and new petitions. After reviewing staff reports and hearing testimony, the board approved most requests, denied a few, and continued others to future meetings.

Consent Calendar

• Expedited Petitions (2021-DV1-028, 041, 042, 043, 044, 045): All six expedited variance requests were voted on together and approved unanimously (5-0) with no opposition from the public. These included:
  • 2021-DV1-028 (Amended): Variance to create two lots (114,686 sq ft and 95,669 sq ft) at 7338 Five Points Road with reduced setbacks and open space (from three-acre lots requiring 250-foot width, 30-foot side setbacks, 75-foot aggregate side, 75-foot rear, 85% open space). Staff originally recommended denial but changed to approval after amended plans.
  • 2021-DV1-041: Variance to legally establish a driveway to 33rd Street at 615 East 33rd Street (alley access required).
  • 2021-DV1-042: Variance to relocate a 60-foot tall, 605.4-sq ft pole sign along I-465 at 1720 West Thompson Road (only one free-standing sign permitted within 660 feet of interstate; pole signs not permitted in C-S; max 20-ft height, 300-sq ft area).
  • 2021-DV1-043: Variance to relocate/replace an 85-ft tall, 792-sq ft pole sign with an 85-ft tall, 526.3-sq ft pole sign along I-465 and replace a 40.17-ft tall, 157-sq ft sign with a 30-ft tall, 130.8-sq ft sign along Harding Street at 4607 South Harding Street.
  • 2021-DV1-044: Variance for a detached garage accessory to a single-family dwelling with 56% open space (60% required) and within the clear sight triangle of abutting alleys at 847 Lincoln Street.
  • 2021-DV1-045: Variance for a detached garage with 46% open space (60% required) and a 4-foot rear setback (5-foot required) at 522 Cottage Avenue.

Public Comments & Testimony

• Richard Costrashewski (1546 Ringgold Avenue): Expressed concerns about neighboring properties at 1540 and 1544 Ringgold Avenue (2021-DV1-046), mentioning lack of gutters and a knocked-down fence. The petition was continued to September without notice.
• Heather Ressler (homeowner, 664 North Beville Avenue): Testified in favor of 2021-DV1-013, describing her sustainability efforts (rain garden, rain barrels, native plants) and the importance of preserving green space. She stated the builder constructed the driveway and deck without her knowledge.
• Pamela Page (attorney for homeowner): Argued for equity, noting the homeowner purchased the house as-is and that moving the driveway would eliminate backyard green space and undermine sustainability efforts.
• Mark Demerly (petitioner, 1709 Alvord Street): Presented 2021-DV1-039, emphasizing the need for a four-car garage to minimize street parking and citing previous approvals for similar garage setbacks.
• Cahmelan Porter (petitioner, 1336 Shelby Street): Supported 2021-UV1-014, explaining the temporary nature (max 24 months) of shipping container retail, the property's prior C-3 zoning, and support from local merchants associations.

Discussion Items

• 2021-UV1-012 (619 Holly Avenue): Variance to convert a single-family dwelling into two dwelling units on a lot with 45 feet of frontage (70 feet required). No remonstrators present. Staff recommended approval, noting the lot is over 15,000 sq ft (exceeding the 7,200 sq ft minimum for new duplexes) and that there are seven other two-family dwellings within one block. Approved 5-0.
• 2021-DV1-013 (664 North Beville Avenue): Variance to legalize a deck within the right-of-way, attached garage without alley access, fence within clear sight triangle, and 57% open space (60% required). Staff recommended denial due to safety concerns and noncompliance. Petitioner argued for equity and sustainability. Board voted on five separate components:
  • Deck in right-of-way: Approved (5-0).
  • Front porch in clear sight triangle: Approved (5-0).
  • Driveway/garage access from St. Clair Street: Approved (4-1, Hampton opposed).
  • Fence in clear sight triangle: Approved (4-1, Hampton opposed).
  • Open space (57%): Approved (5-0).
• 2021-DV1-039 (1709 Alvord Street): Variance for a two-family dwelling with reduced setbacks and a four-car garage with 2-foot side setbacks (4-foot required). Staff recommended approval for dwelling setbacks and open space (52% vs 55%), but denial for garage setbacks. Board voted:
  • Garage with 2-foot side setbacks: Denied (0-5).
  • Remaining requests (front setback 16 ft, side setbacks 3.5 ft, building separation 4.5 ft, open space 52%): Approved (5-0).
• 2021-UV1-014 (1336 Shelby Street): Variance for two shipping containers (8x20 ft and 8x40 ft) for retail pop-up and store with zero-foot north side setback and reduced parking (6 spaces vs 10 required). Staff recommended denial as self-imposed hardship and nonconformity. Petitioner offered a 2-year limit. Approved (4-1, Hampton opposed) with condition that the use be temporary for two years.

Key Outcomes

• Approvals:
  • Expedited petitions (6 items): Approved 5-0.
  • 2021-UV1-012: Approved 5-0.
  • 2021-DV1-013: Approved in 5 parts (deck, porch, driveway, fence, open space) with two 4-1 votes.
  • 2021-DV1-039 (dwelling and open space): Approved 5-0.
  • 2021-UV1-014: Approved 4-1 with condition of 2-year temporary use.
• Denials:
  • 2021-DV1-039 (garage with 2-foot side setbacks): Denied 0-5.
• Continuances:
  • 2021-DV1-046: Continued to September 7, 2021, without notice.
  • 2021-DV2-036: Continued to September 7, 2021, without notice.
  • 2021-UV1-016: Continued to September 7, 2021, with notice.
  • 2021-UV1-015: Continued to October 5, 2021, with notice.
  • 2021-UV1-017: Continued to September 7, 2021 (automatic continuance).
  • 2021-UV1-019: Continued to September 7, 2021, with notice.
• Withdrawal:
  • 2021-UV1-018: Withdrawn as requested by the petitioner.

All approved variances requiring revised findings of fact were continued for submission and adoption of supporting findings.