Metropolitan Board of Zoning Appeals Division One Meeting - January 3, 2023
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Metropolitan Board of Zoning Appeals Division One Meeting - January 3, 2023
The Metropolitan Board of Zoning Appeals Division One met on January 3, 2023, at 6:15 PM under acting chairperson David Duncan. The board considered multiple variance requests, including applications for commercial setbacks, residential garage access, a tow truck parking, self-storage expansion, and a methadone clinic. Several continuances were granted, and votes were taken on all cases.
Continuances & Procedural Matters
- 2022 DV1047 (409 E Moore St) – Continuance to February 7 granted unanimously.
- 2022 UV1035 (6234 E Hand Ave) – Continuance to February 7 with additional notice granted unanimously.
- 2022 DV1061 (address not specified) – One‑day waiver of mailing notice granted.
- 2022 SE1001 (4330 N Michigan Rd) – Two‑month continuance to March 7 granted.
- 2022 DV2045 (1251 Alabama St) – Continuance to March 7 granted.
- 2022 UV1038 (4100 W 86th St, Pike Township methadone clinic) – Remonstrators requested a continuance; petitioner opposed. Vote 2‑1 (Napoleon and Witt yes, Duncan no) to continue to March 7, 2023. The board later heard this case on its merits (see below).
- 2022 DV1062 (1012 Olive St) – Automatic continuance acknowledged.
- 2022 DV1063 (114 E 49th St) – Automatic continuance acknowledged (filed by neighborhood organization).
- 2022 UV1044 (5702 N College Ave) – Automatic continuance acknowledged (filed by petitioner).
Expedited Docket
Petitions 2022 DV1060 (5224 N Pennsylvania St) and 2022 DV1061 (4915 Patricia St) were approved unanimously by ballot (3‑0) without testimony.
Discussion Items
2022 DV1051 (3127 W Washington St) – Petitioner RSM Oil requested variances to construct a retail building: a 32‑ft front setback (max 25 ft) and a 44% building line (60% required). Staff recommended denial of the setback variance (self‑imposed hardship due to existing sign) but approval of the building line variance. The board split the petition. Outcome: Part A (front setback) approved 3‑0; Part B (building line) approved 3‑0. Findings of fact to be revised and submitted.
2022 DV1052 (358 E Terrace Ave) – Petitioner sought variances to construct a detached garage with access from South New Jersey Street (alley access required) and reduced side/clear‑site setbacks. Staff opposed, stating alley access is feasible and adjacent properties comply. Neighborhood association, Southeast Neighborhood Development, and Councilor Kristen Jones supported. Outcome: All variances approved 3‑0.
2022 DV1057 (401 N Park Ave) – Petitioner requested a second continuance to gather neighbor support letters. The Meridian Kessler land use committee voted 6‑0 in opposition. Staff requested this be the final continuance. Outcome: Continuance to February 7 granted.
2022 DV1058 (1635 Cornell Ave) – Request for a duplex on an undersized lot (5,396 sq ft vs. 7,200 required) and reduced garage setbacks. Staff recommended approval after petitioner improved open space to 55%. No remonstrators appeared. Outcome: Approved 3‑0.
2022 UV1020 (6805 Jackson St) – Petitioner John Miller Jr. sought a use variance to park a commercial tow truck at his residence (garage or carport). Staff strongly opposed, noting the prohibition has existed since 1989 and the vehicle is ineligible for exceptions. Petitioner presented letters of support from four law enforcement agencies. The Rockville Road/High School Road/Girls School Road Neighborhood Association opposed. Outcome: Denied 0‑3.
2022 UV1036 (2727‑2719 Madison Ave) – Petitioner Store‑Space requested a use variance to allow outdoor covered storage of RVs and boats on 1.5 acres of an existing self‑storage site (former Kmart). Staff opposed, citing the lack of a demonstrated hardship and inconsistency with the C5 zone and comprehensive plan. Petitioner committed to a detailed landscape plan and screening. The board added a condition for a landscape plan with mature screening along the western and northern fence lines. Outcome: Approved 3‑0.
2022 UV1038 (4010 W 86th St) – Valley Vista Health System requested a variance to operate an opioid treatment program (methadone clinic) in a C1 zone, with less than 500‑ft separation from a dwelling district. Staff recommended approval, noting the two nearby D2‑zoned properties are used commercially. Petitioners presented testimony on safety, state support, and success in Greenwood. Remonstrators from Pike Township argued insufficient community notice, existing treatment facilities, and public safety concerns. The board initially continued the case (see Continuances), but the continuance vote was 2‑1 (indecisive), resulting in an automatic continuance to February 7. The case was then heard on its merits. Outcome: After testimony and rebuttal, the board voted 2‑1 (Duncan and Witt yes, Napoleon no). Because the vote was indecisive (2‑1), the petition was automatically continued to the February 7, 2023 hearing without additional notice.
Key Outcomes
- Approvals: DV1051 (both parts), DV1052, DV1058, UV1036.
- Denials: UV1020.
- Continuances (board action): DV1047, UV1035, DV1061, SE1001, DV2045, DV1057, UV1038 (automatic due to indecisive vote).
- Automatic continuances acknowledged: DV1062, DV1063, UV1044.
- Expedited approvals: DV1060, DV1061.
Meeting Transcript
Good afternoon. We're uh gonna go ahead and get started here. Um this is a public hearing of the Metropolitan Board of Zoning Appeals Division One. I am David Duncan, acting chairperson of Division One. The other board members present today are Jennifer Witt. Jennifer's new to the board. Please welcome her. And Renee or Napoleon. Renee is an alternate sitting in today. Legal counsel for the board today is Chris Steinmanz. Staff members present today for the division of planning are Eddie O'Ne O'Naya, Principal Planner 2, Robert Olenake, Senior Planner, and Marlene Aretta, senior planner. Heather Stefan, senior specialist and secretary of the board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinance that will be incorporated by reference into the record of each of the cases heard today. The proceedings of the hearing are governed by the board, the board's rules of procedure. The expedite cases will be heard immediately after all requests for continuance or withdrawals. As each non-expedite 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 in. 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 of the presentation of evidence, statements and arguments in support of the petition. Remonstrators and persons appearing in opposition to the petition will have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present the administrator's comments regarding the petition. The petitioner will then have 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 the notice sign 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 of parking area, the dedication of right-aways are examples. These conditions and commitments are an integral part of the board's decision and must be met for a granite for a grant for a granted variance to be valid. Compliance with conditions imposed by the board must be approved 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 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 decisions 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 of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure the cell phone ringers are turned off. We will take that fact into account when we hear when we hear a request for continuances at the beginning of the hearing. Is there anyone in the audience who has any questions about our procedures? Okay. Before we hear special request, I will ask for a waiver of a rules of procedure to allow the board to vote for all expedite petitions and adopt their fines of fact without any additional testimony from the individual petitioners. So we need a board member to make a pet a motion. Seconded Chairman Duncan, can you tell me who made that motion and that second? I didn't hear either of them. So moved by Jennifer Witt. Seconded by Renee Napoleon.
openpublica.com