Metropolitan Board of Zoning Appeals Division 1 Hearing - February 1, 2022
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Metropolitan Board of Zoning Appeals Division 1 Public Hearing - February 1, 2022
The Metropolitan Board of Zoning Appeals, Division 1, convened on February 1, 2022, at 6:15 PM under Acting Chairperson Mark Young. Board members present: Matt Boone, Peter Nelson, Eduardo Luna. Legal counsel: Chris Steinmetz. Staff from the Division of Planning included Eddie Honey, Jeffrey York, Robert Ulan Hay, Marlena Aretta, Genesis Hill, and Heather Stefan. The hearing covered expedited petitions, continuances, withdrawal requests, and four regular docket cases. Four members were present, requiring three votes for action. The meeting was adjourned after all business.
Consent Calendar
- Expedited Docket (2022 DV1001 & 2021 DV1080 amended): Approved in a single vote (4-0) after staff confirmed no opposition. 2022 DV1001: variance for a 13-foot rear setback (20 required) and 22.7% open space (40% required) for a detached single-family dwelling at 311 West 26th Street. 2021 DV1080: variance for an 8-foot front setback (10 required), 5-foot corner side setback (8 required), 5-foot rear setback (20 required), 35% open space (40% required), and structure within clear site triangle for a detached single-family dwelling at 1047 North Bellevue Avenue.
Public Comments & Testimony
- 2021 DV1076 (5307 Broadway Street): Mary Owens (Meridian Kessler Neighborhood Association) and Emma Klust (Land Use Committee Chair) opposed the variance, stating the proposed two-car attached garage with flat roof and astroturf was out of scale and context, would diminish property values, and that the lack of a garage was not a hardship. They noted the neighborhood plan recommends maintaining character and that the petitioner did not respond to alternative designs offered.
- 2021 DV1077 (715 South Keystone Avenue): No public testimony from remonstrators; the petitioner, Christopher Renteria, spoke in favor, explaining he had corrected three violations (front yard fence height, clear sight triangle, encroachment permit) and was seeking a variance only for fence materials (corrugated metal) and rear yard height (6 feet).
- 2021 UV1040 (1105 Blaine Avenue): No public testimony in opposition; the petitioner, attorney Kyle Ressat Territz, presented the project and noted seven support letters from neighbors and neighborhood associations.
Discussion Items
- 2021 DV1076 (5307 Broadway Street): Petitioner Marcus Crouch requested a variance for a 5-foot rear setback (20 required) and legalization of a zero-foot north side setback (5 required) for an attached two-car garage with a master suite above. The existing garage had been removed. Staff recommended approval, citing practical difficulty due to the existing driveway location and no alley access. The Meridian Kessler Neighborhood Association opposed, citing scale and context. The petitioner agreed to add windows on all sides and commit to administrative approval of final elevations. Board voted 3-1 (Luna no) to approve with a commitment to include windows.
- 2021 DV1077 (715 South Keystone Avenue): Petitioner Christopher Renteria sought a variance for a 6-foot fence made of corrugated and galvanized steel within the front yard, encroaching into clear sight triangles (streets and alley) and into the right-of-way. Staff recommended denial, stating the material is not compatible with residential districts and the encroachments create safety hazards. The board split the vote into four parts: A) materials (2-2, continued to March 1); B) clear sight triangle for streets (3-1, approved); C) clear sight triangle for alley (2-2, continued); D) encroachment into right-of-way (4-0, approved). The continued parts will be heard March 1, 2022.
- 2021 UV1040 (1105 Blaine Avenue): Petitioner Kyle Ressat Territz sought a variance of use and development standards to rehabilitate a 125-year-old former parochial school into a 20-unit apartment building (48 feet tall, 20 units, 600-1400 sq ft each) with a parking lot, trash container, and reduced setbacks. Staff recommended denial, urging the petitioner to file a rezoning petition instead, citing legacy zoning and over-intensity. The petitioner argued no single zoning district fits and that the use is a benefit to the neighborhood. Staff proposed two commitments: (1) variance limited to the existing building as redeveloped, per the plan of operation; (2) final elevations subject to administrative approval. The board voted 3-1 (Luna no) to approve with those commitments.
Key Outcomes
- 2021 DV1076 (5307 Broadway Street): Approved (3-1) with a commitment to include windows on all sides and administrative approval of final elevations.
- 2021 DV1077 (715 South Keystone Avenue): Part A (materials) continued to March 1, 2022, due to indecisive vote (2-2). Part B (clear sight triangle for streets) approved (3-1). Part C (clear sight triangle for alley) continued to March 1 (2-2). Part D (encroachment into right-of-way) approved (4-0). All parts will be continued for adoption of revised findings of fact.
- 2021 UV1040 (1105 Blaine Avenue): Approved (3-1) with commitments to limit the variance to the existing building per the plan of operation and to require administrative approval of final elevations.
- Continuances and Withdrawals:
- 2021 UV1-032 (5170 Evanston Avenue) continued to March 1 with additional notice.
- 2021 DV1-074 (48 West 65th Street) continued to March 1 without additional notice (petitioner absent).
- 2021 DV1-078 (7673 River Road) continued to March 1 with additional notice.
- 2021 UV1-038 (3117 & 3115 Sutherland Avenue) continued to March 1 with additional notice (sign variance issue).
- 2021 UV1-037 (withdrawn) acknowledged.
- 2021 DV1-079 (1226 Fletcher Avenue) withdrawn and refund of $572 approved (4-0).
- 2022 DV1-002 (7736 Zionsville Road) automatic continuance to March 1 acknowledged.
- 2021 UV1-039 (758 East Terrace Avenue) continued to March 1 with additional notice.
- Adoption of Findings of Fact: Negative findings for petitions 2021 UV1-026, 2021 UV1-027, 2021 DV1-028 (both use and development standards) from the January 2022 hearing were adopted by board members Nelson, Young, and Luna.
Meeting Transcript
Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I am Mark Young, Acting Chairperson of Division One. Other board members present are Matt Boone. Welcome. Peter Nelson and Eduardo Luna. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie Honey, Principal Planner 2. Jeffrey York, Senior Planner. Robert Ulan Hay, Senior Planner, Marlena Aretta, Senior Planner, Genesis Hill, Associate Planner, and Heather Stefan, Senior Specialist and Secretary to the Board. Matt Pleasant is the current administrator. The board has copies of the zoning ordinances that will be copied that will be incorporated by reference into the record of each case heard today. The procedures of this hearing are governed by the 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 intend to testify will please remain standing and be sworn. Petitioners should be on the left and remonstrators on the 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 should 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 is at the discretion of the board. Please limit your testimony and evidence to the matters covered in the statute, statutory requirements, which must be met in order for the board to grant a variance. If 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 meeting, the board may continue the petition. Anyone at this hearing who thinks completing 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 of parking area, and the dedication of rights away 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 proved by our affidavit of compliance submitted by either 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 the matter pending before the board outside of 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 cell phone ringers are turned off. Before we hear special requests, I will ask for a waiver of our roles 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 uh on each petition separately. Uh is there a motion? Nelson so moved. They're second. Second. Thank you. I wouldn't ask for a vote. Boone. Yes.
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