Metropolitan Board of Zoning Appeals Division 1 Public Hearing - April 4, 2023
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Metropolitan Board of Zoning Appeals Division 1 Public Hearing - April 4, 2023
The Metropolitan Board of Zoning Appeals (BZA) Division 1, chaired by Peter Nelson, convened on April 4, 2023, at 6:15 PM. Board members Jennifer Witt and Renee Napoleon (alternate) were present; a fourth member, Anthony Bridgman, was absent. Due to only three members, unanimous votes were required for decisive action. The hearing addressed continuances, special requests, and several variance petitions.
Consent Calendar
- A waiver of rules of procedure to vote on all expedited petitions without additional testimony was unanimously approved (3-0).
- Continuances and notice waivers were granted for multiple cases, including DV1011 (to May 9, 2023, without notice), UV1006 (to May 9, 2023, with additional notice if amended), DV1012 (to May 9, 2023, without notice), SE1002 (to May 9, 2023, with notice), and a two-day waiver for DV1013, a one-day waiver for DV1010. All were approved unanimously.
- Petition SC1001 at 4330 Michigan Road was withdrawn, acknowledged by the board.
Public Comments & Testimony
- For case DV1010 (4045 East 75th Street), remonstrator Alan Jones (4111 East 75th Street) opposed the variance, citing concerns about property value, privacy, debris, and the addition's proximity to his home. He noted the petitioner's phone number was incorrect on public hearing notices. Remonstrator Elaine Moore (east of Mr. Jones) also opposed, citing negative impact on property values and neighborhood character.
- For case DV1062 (1012 Olive Street), the petitioner presented five letters of support from neighbors, including the immediate abutting property owners to the north and west, who attested to safety concerns with the alley and supported the driveway relocation.
- No other public testimony was offered in opposition to other cases.
Discussion Items
- 2022 DV2045 (1251 South Alabama Street): Petitioner Mark Crouch requested variances to legalize existing deficient setbacks (front, rear, side) and allow vertical expansion for a remodel, noting the property is legally non-conforming. He committed to relocating a power pole to meet AES separation requirements. Staff recommended denial, arguing the expansion would intensify use and block sunlight. The board approved the variance (3-0) with a commitment for the power pole.
- 2022 DV1062 (1012 Olive Street): Petitioner Paul Lambey and homeowner Josh Fern sought a variance to relocate their driveway from the alley to Olive Street, citing safety issues (shooting, trespassing, theft) and the desire for a fenced yard. They offered to rebuild the sidewalk to ADA standards. Staff recommended denial, stating the alley access is required by ordinance and the difficulty is self-imposed. Board voted 2-1 in favor (Nelson and Witt yes, Napoleon no), but due to the indecisive vote (unanimity required with three members), the petition was automatically continued to the May 9, 2023 hearing.
- 2023 DV1010 (4045 East 75th Street): Petitioner Tim Reinhardt requested a 10-foot side yard setback (15 feet required) for a 30-foot addition. Staff recommended approval, noting the lot is only 100 feet wide in a zone requiring 250-foot widths. Remonstrators opposed, citing privacy and property value concerns. The board approved the variance (3-0).
- 2023 DV1013 (607 South Whitcomb Avenue): Petitioner Nicole Napier requested a variance to legalize a garage expansion built without proper permits (used for kids' sports training). She explained the mistake and presented neighborhood support. Staff recommended denial, calling the difficulty self-imposed. The board approved the variance (3-0).
Key Outcomes
- 2022 DV2045 (variance): Approved (3-0) with a commitment to meet AES power pole separation requirements.
- 2022 DV1062 (variance): Indecisive vote (2-1) – automatically continued to the May 9, 2023 hearing for rehearing.
- 2023 DV1010 (variance): Approved (3-0).
- 2023 DV1013 (variance): Approved (3-0).
- All continuances and waivers granted unanimously.
- The board will need revised findings of fact for continued cases prior to the May 9, 2023 hearing.
Meeting Transcript
Good afternoon. I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I am Peter Nelson, Chairperson of Division 1. The other board members present are Jennifer Witt to my left. And Renee Napoleon, an alternate to the board on my right. We may also have a fourth member coming in a little bit later, Anthony Bridgman, if you see someone coming in and sitting up here. Robert Ulenhaik, senior planner, Marlene Araheta, senior planner, Alison Richardson, senior 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 of each case heard today. The proceedings 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 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 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 presentations, evidence, statements, and arguments in opposition of the petition. Staff will then present the administrator's 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 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 notice requirements as stipulated by the board's rules of procedure, including posting of the notice sign on 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, 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 these 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 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 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 all cell phone ringers are turned off. As you can see today, we do not have a full board. Usually there are five members. So since there are three members currently, a unanimous decision is needed for any decisive action on a vote. Any non-unanimous decision by three members today will be considered an indecisive vote and need to be continued to the next available hearing. If Mr. Bridgman does show up and we have four, um, we will need three votes in any particular direction for a vote to be valid. Is there anyone in the audience who has any questions about our procedures? Okay, seeing none, 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 and adopt their findings of fact without additional testimony from the individual petitioners. Can I get a motion? So moved. Wit. Can I get a second? Second and Napoleon.
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