Metropolitan Board of Zoning Appeals Division One Public Hearing - March 1, 2022
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Metropolitan Board of Zoning Appeals Division One Public Hearing - March 1, 2022
The Metropolitan Board of Zoning Appeals Division One held a public hearing on March 1, 2022, at 6:00 PM. Acting Chairperson Mark Young presided over the meeting, with board members Clinton McKay, Peter Nelson, and Eduardo Luna present. Legal counsel was Chris Steinmetz, and staff from the Division of Planning included Principal Planner 2 Eddie Honey, Senior Planner Jeffrey York, Senior Planner Robert Ulenhaik, Senior Planner Marlena Urretha, Associate Planner Genesis Heal, and Senior Specialist Heather Steffen. The meeting addressed numerous petitions for variances of use and development standards, including expedited items, continuances, and contested cases.
Consent Calendar
- The board approved a waiver of rules to vote on all expedited petitions in a single vote. The following petitions were approved unanimously (4-0) on the expedited docket:
- 2022 DV1010 (3021 Southeastern Avenue) – variance for fast food restaurant with stacking spaces in front yard.
- 2022 UV1003 (Beachway Drive) – variance for expansion of grocery store.
- 2022 DV1006 (11420 East McGregor Road) – variance for lot split.
- 2021 UV1039 (758 East Terrace Avenue) – variance for duplex construction with reduced setbacks.
- 2022 DV1012 (726 Cottage Avenue) – variance to legally establish a duplex.
- 2022 UV1004 (1131 Jefferson Avenue) – variance for single-family dwelling and detached garage with reduced side setbacks.
- Several continuances and waivers of sign posting requirements were also approved, including requests for 2022 DV1010, 2022 UV1003, 2022 DV1006, 2022 DV1013 (9625 East McGregor Road), 2021 UV1039, 2022 DV1012, and 2022 UV1004, as well as continuances for 2021 DV1074, 2022 DV1007, 2022 DV1002, 2022 DV1011, and 2021 DV1078.
Public Comments & Testimony
- 2021 UV1032 (5170 Evanston Avenue – Pickleball Court): Several neighbors and the Bel Air Neighborhood Association spoke in opposition, citing concerns about noise, traffic, parking, privacy, and the commercial nature of the proposed use in a residential area. Jeff McGill (5171 Evanston Avenue) stated the recreational facility was inappropriate for the neighborhood. Lorreen Regulus (5140 Evanston Avenue) objected to the variance, arguing the project would disrupt community character, attract undesirable attention, and burden infrastructure. Ivan Holder (Bel Air Neighborhood Association) expressed uncertainty about the operation of the event space and lack of detail regarding management.
- 2021 DV1077A/C (715 South Keystone Avenue – Fence): The petitioner, Christopher Renteria, testified in favor of his fence modifications, emphasizing reduced opacity and improvements since the prior hearing.
- 2021 UV1038 (3117/3115 Sutherland Avenue – Beauty Salon): Petitioner Janine Edison argued the unique topography and SU-34 zoning created a hardship, and that the use was consistent with the comprehensive plan. No public opposition was voiced.
- 2022 DV1008 (9020 Rockville Road – Fast Food Restaurant): The petitioner, Nick Justice, and property owner representative Jim Mosier, presented arguments for the requested variances, including high parking demand, stream corridor constraints, and a double drive-thru design. No public opponents appeared.
- 2022 DV1013 (9625 East McGregor Road – Barn): Petitioner Richard Calvert explained his siting choice due to septic system and floodplain constraints. No public opposition was noted.
Discussion Items
- 2021 DV1077A & C (715 South Keystone Avenue – Fence): The petitioner sought approval for a corrugated metal fence (A) and a fence encroaching into the clear side triangle (C). Staff recommended denial for both, citing material incompatibility with residential neighborhoods (A) and continued obstruction of sightlines (C). The board voted on A: indecisive (2 yes, 2 no), resulting in automatic continuance to Division 2. For C, the board approved (3-1) subject to a commitment limiting the fence height, but continued for adoption of findings of fact.
- 2021 UV1032 (5170 Evanston Avenue – Pickleball Court): The petition sought a use variance for indoor/outdoor recreation and entertainment, plus development standards variances for open space, rear setback, and parking. Staff recommended denial, arguing the use would disrupt residential character, that parking would burden the neighborhood, and that the proposal contradicted the comprehensive plan. The board denied the petition unanimously (0-4).
- 2021 UV1038 (3117/3115 Sutherland Avenue – Beauty Salon): The petition requested variances for beauty salon, office, retail uses, and a sign setback. Staff recommended denial due to lack of demonstrated hardship and inconsistency with the comprehensive plan. The petitioner highlighted her 25-year history and community support. The board approved the petition unanimously (4-0).
- 2022 DV1008 (9020 Rockville Road – Fast Food Restaurant): The petition involved six variances for parking, stream protection corridor, drive-thru design, and landscaping. Staff recommended denial, citing self-imposed hardships and ordinance alternatives. The petitioner requested a continuance to work with staff; the board granted a continuance to April 5, 2022, without additional notice.
- 2022 DV1013 (9625 East McGregor Road – Barn): The petitioner sought a reduced side setback for a barn. Staff recommended denial, asserting no practical difficulty. The petitioner argued floodplain concerns and cited a nearby precedent. The board approved the variance unanimously (4-0).
Key Outcomes
- Expedited petitions: All six expedited items approved (4-0).
- 2021 DV1077A: Indecisive vote (2-2) – automatically continued to Division 2 meeting on March 8, 2022.
- 2021 DV1077C: Approved (3-1) subject to commitment, with findings of fact continued.
- 2021 UV1032: Denied (0-4) – findings of fact continued.
- 2021 UV1038: Approved (4-0) – findings of fact continued.
- 2022 DV1008: Continued to April 5, 2022, without additional notice.
- 2022 DV1013: Approved (4-0).
- Various continuances: Granted for 2021 DV1074, 2022 DV1007, 2022 DV1002, 2022 DV1011, and 2021 DV1078.
Meeting Transcript
Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division One. I am Mark Young, acting chairperson of Division One. The other board members present are Clinton McKay, Peter Nelson, and Eduardo Luna. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning or Edward Eddie Honey, Principal Planner 2. Jeffrey York, Senior Planner, Robert Ulenhaik, Senior Planner, Marlena Urretha, Senior Planner, Genesis Heal, Associate Planner, and Heather Steffen, 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 for each case heard today. The procedures 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 are 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. 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 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 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 continue 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 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 proven 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 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. Four 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. 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. Before we hear special requests, I will ask for a waiver of our rules of procedure to allow the board to vote on all expedited petitions, adopt their findings of fact in a single vote rather than vote on each petition separately. Is there a motion? So moved. Nelson second. As for a vote, McKay. Nelson. Yes. Luna. Yes. Young votes, yes. Please note that there are only four members present today. Your request will need three votes to take action on a request.
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