Metropolitan Board of Zoning Appeals Division 1 Meeting Summary - July 5, 2022
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Metropolitan Board of Zoning Appeals Division 1 Meeting Summary - July 5, 2022
The Metropolitan Board of Zoning Appeals Division 1, with Chair Clint McKay and members David Duncan and Renee Napoleon, held a public hearing on July 5, 2022, to consider variance requests, continuances, and other zoning appeals. The board addressed several expedited petitions, special requests, and three contested cases. Votes required unanimous consent from the three members present; otherwise, petitions were automatically continued to the next hearing.
Special Requests and Continuances
- 2022-DV1-036 (Kevin and Tatiana Pritchard): Continuance granted to August 2, 2022, without additional notice, to allow coordination with the Meridian Hills land use committee. Vote: unanimous yes.
- 2022-UV1-010 (Bill Neemeyer): Continuance granted to August 2, 2022, with additional notice, pending final site plan details. Vote: unanimous yes.
- 2022-DV1-032 (Carrier Corp, 7310 West Morris St): Transferred to the expedited docket with staff's consent due to agreement on commitments. Vote: unanimous yes.
- 2022-UV1-018 (Daniel Cobb, 2658 South Ribel Ave): Withdrawal of side setback request approved; petition moved to expedited docket with staff support. Vote: unanimous yes.
- 2022-DV1-025 (David King, 16 Westmore St and 1150 South Meridian St): Continued to August 2, 2022, at petitioner's request due to only three board members present. Staff noted an automatic continuance had already been filed, but board voted to continue. Vote: unanimous yes.
- Automatic continuances were acknowledged for 2022-UV1-014, 2022-UV1-015, 2022-UV1-023, 2022-UV1-012, 2022-UV1-013, 2022-UV1-016 (all continued to August 2, 2022).
- 2022-UV1-017 (9067 Crawfordsville Rd): Withdrawn by petitioner; acknowledged by board.
- 2022-UV1-021 (Judy Polling, 7619 Acton Rd): Continuance granted to August 2, 2022, without additional notice. Vote: unanimous yes.
Expedited Docket (Approved Unanimously)
The following six petitions were approved by unanimous vote (3-0):
- 2022-DV1-033 (4525 Cold Spring Rd): Variance for a pole barn in front of the building line.
- 2022-DV1-035 (3801 South Post Rd): Variance for solar panels in the front yard.
- 2022-UV1-019 (4430 Sam Jones Expressway): Variance for a 12,000-gallon diesel tank (continued for adoption of revised findings of fact).
- 2022-UV1-022 (3002 North Tibbs Ave): Variance for conversion to a triplex.
- 2022-DV1-032 (7310 West Morris St, transferred from special requests): Variance for a building addition.
- 2022-UV1-018 (2658 South Ribel Ave, amended): Variance for a second primary dwelling.
Discussion: 2022-HOV-004 (2363 North Parker Ave)
Variance for zero-foot corner side setback from Glen Drive.
- Petitioner: Argued the lot's diagonal cut (2,600 sq ft, requiring 5,000 sq ft in D5) made it undevelopable without the variance. Noted compliance with all other setbacks, a pitched roof, and that a similar variance had been granted previously. Offered testimony from the builder confirming property lines.
- Remonstrators: Residents and neighborhood representatives (Brightwood Concerned Citizens, Martin Del Bright with Co-compliance) opposed, alleging survey stakes were improperly placed in the alley, lack of community engagement despite multiple meeting invitations, and safety concerns regarding sewer lines and traffic. Claimed the lot was never intended for a house.
- Staff: Recommended approval due to clear practical difficulty; stated the lot would otherwise be undevelopable. Noted the right-of-way along Glen Drive was sufficient for any future expansion.
- Board Vote: Duncan (yes), Napoleon (no), McKay (no) → 1 yes, 2 no. Not unanimous; automatically continued to August 2, 2022.
Discussion: 2022-DV1-011 (1422 English Ave)
Variance to legally establish existing structure and permit additions.
- Petitioner: Mark Crouch requested a two-month continuance to September 6, 2022, to finalize negotiations with staff and the owner. Acknowledged missed neighborhood meeting but noted ongoing reductions to the building size. Withdrew the request for a third story.
- Remonstrators: None present.
- Staff: Initially hesitant but expressed no objection to a continuance given good-faith efforts. Noted concerns about overdevelopment but deferred to continued discussions.
- Board Vote: Unanimous yes to continue to September 6, 2022.
Discussion: 2022-UV1-002 (2535 East 79th St)
Variance to retain a shipping container and carport on a vacant lot.
- Petitioner: Garrett Lawton (representing William and Beth Gammon) argued the structures had been in place for over 40 years (container) and 10 years (carport) without complaints. Provided neighbor signatures (30+), sales data showing no negative property value impact, and offered a commitment that the variance would only apply to current owners. Stated the container stored items after a garage fire.
- Remonstrators: None present, but staff noted four letters of opposition from Councillor Boots, River Park Club Neighborhood Association, Greater Allisonville Community Council, and Nora-Northside Community Council.
- Staff: Recommended denial, citing 26 inspections since 2018, the container as a prohibited commercial vehicle in a residential district, lack of primary dwelling, and floodplain concerns. Argued the property could be developed residentially.
- Board Vote: McKay (yes), Duncan (yes), Napoleon (no) → 2 yes, 1 no. Not unanimous; automatically continued to August 2, 2022.
Key Outcomes
- Approved (unanimous): Six expedited petitions (2022-DV1-033, 2022-DV1-035, 2022-UV1-019, 2022-UV1-022, 2022-DV1-032, 2022-UV1-018).
- Continued to August 2, 2022: 2022-HOV-004, 2022-UV1-002, and all automatic continuances.
- Continued to September 6, 2022: 2022-DV1-011.
- Withdrawn: 2022-UV1-017.
Meeting Transcript
I call this Metropolitan Board of Zoning Appeals Division 1 meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 1. I am Clint McKay, Acting Chair Push of Division 1. There are other board mothers members present are David Duncan and Renee Napoleon. Legal Counsel for the Board today is Caitlin Campbell. Welcome. Staff members present today from division planning are Eddie Hanea, Herbert Ulanate, Marlena Jareda, Genesis Hill, and Heather Stefan. 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 of rules of procedure. The expedited cases will be heard immediately after all requests for continuance 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 a case being heard shall have a maximum of 15 minutes for the presentation of evidence, statements, arguments, and 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 to the administrator's comments regarding the petition. The petitioner will then be allowed five minutes for rebuttal and 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 in a brief closing statement. No further evidence, statements, or arguments will be heard unless it is at the direction 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 notices, notice requirements as stipulated by the board's rule of procedure, including posting of the notice sign on the subject property at least 23 days prior to the meeting or 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 a 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 right-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 the 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 approvements. Failure to comply with conditions of 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 filled 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 the public hearing process is prohibited. Please be courteous and orderly at all times and please be sure all cell phone ringers are turned off. Please note that there are only three members present today. Your request will need three votes to take action on a request. If an indecis indecisive indecisive vote occurs, your petition will be automatically continued to the next hearing of the board. We will take this into consideration when hearing special requests. If not, before we hear special requests, I will ask for a waiver of our rules or procedures to allow the board to vote for all expedited petitions and adoption and adopt their findings of facts without without any additional testimony from the individual petitioners. I'll need a motion from the a board member. Duncan, so moved. Second. I'll now ask for a vote. Duncan. Yes. Napoleon? Yes. McKay, yes.
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