Metropolitan Board of Zoning Appeals Division 1 - Public Hearing July 6, 2023

The Metropolitan Board of Zoning Appeals (BZA) Division 1 met on July 6, 2023, in the afternoon to hear zoning variance petitions. Chairperson Peter Nelson presided, with members David Duncan, Andrew Cotona, and Aaron McBride; legal counsel Chris Steinmetz; and planning staff. The board handled continuances, expedited approvals, and contested cases.

Consent Calendar

• Approved the waiver of procedural rules to allow expedited petitions to be voted on without additional testimony (motion Duncan, second Catona, 4-0).
• Granted a three-day notice waiver for the amended petition 2023 DV1022 at 5335 Windtorf Avenue, upon request of Peter Meehan (4-0).
• Continued 2023 UV1014 (7006 Southeastern Avenue) to the August 1, 2023, hearing at petitioner's request (4-0).
• Continued 2023 UV1013 (5320 West Vermont Street) to the September 5, 2023, hearing at petitioner's request (4-0).
• Acknowledged automatic continuances to August 1, 2023, for 2023 DV1021 (1931 Lake of Pines Drive) and 2023 DV1025 (510 East 16th Street). Note: The transcript initially misstates the latter as "2023-DV1-021" before correcting to "2023 DV1025."
• Moved 2023 UV1015 (3449 Broadway Street) to the expedited docket after no opposition was voiced (4-0).
• Continued 2023 UV1010 (1946 North Euclid Avenue) to August 1, 2023, because the petitioner was not present and no affidavit of notice had been filed; the remonstrator did not oppose (4-0).

Expedited Petitions (all approved 4-0)

• 2023 DV1028 – 7417 Glenview Drive East: variance to allow a detached pool shed with a four-foot south side yard setback (seven feet required).
• 2023 UV1011 – 6809 West Washington Street: variance of use and development standards for a fleet terminal facility and building addition, resulting in a five-foot-wide parking aisle for four stalls (23 feet required).
• 2023 UV1012 – 5301 West 10th Street: variance for a use not permitted and prohibited within 500 feet of a protected district.
• 2023 UV1015 – 3449 Broadway Street: variance to allow an attached garage and secondary dwelling unit with a five-foot rear yard setback (20 feet required), 52% open space (60% required), and future conversion to a two-family dwelling.

Public Comments & Testimony

• 2023 DV1029 (8349 Acton Road): Remonstrator Max Martin of 8401 Acton Road opposed the requested four-foot side yard setback for a detached garage. He stated the property has a history of flooding, that the garage was built without permits, sits two and a half feet (not four) from the property line, has no sill plate or concrete foundation, and that a sump pump and the impermeable structure displace water onto his property, including toward his well field. He also said city inspectors measured the setback at two and a half feet on April 6, and that even if granted the variance, the structure would have to be moved. He referenced a text where owners acknowledged and promised to fix the problem.
• 2023 DV1022 (5335 Windtorf Avenue): The petitioners' representative noted five support letters from neighboring properties. No remonstrators spoke.
• 2023 DV1027 (8136 East Southport Road): No opposition testimony; petitioners spoke in favor.

Discussion Items

• 2023 DV1022 (Carriage House at 5335 Windtorf Avenue): Petitioner's representative Peter Mean (on behalf of Ruben and Katie Moust) requested approval to build a carriage house to be used as a personal workshop and in-law guest suite. Staff recommended denial, stating the secondary dwelling exceeded the maximum permitted size for accessory dwellings and that the petitioner did not demonstrate the required practical difficulty. The board split 2-2 (Cotona and Duncan in favor; Nelson and McBride against), which is an indecisive vote. The petition was automatically continued to the August 1, 2023, hearing. (The address is also transcribed as Winthrop Avenue.)
• 2023 DV1027 (Fourth Freestanding Sign at 8136 East Southport Road): Petitioner Brent Bennett and representative Taryn Bonhoff sought a variance for a fourth freestanding monument sign along Southport Road, 295 feet from another sign (300 feet required). They argued the sign would serve two outlots (a dentist's office and a Dunkin' Donuts), that a third sign had already been approved for an adjacent property, and that facade signage would be less visible because of 90-foot building setbacks. Staff recommended denial, citing that the sign could be located 10 feet to the west to meet the separation requirement, making the hardship self-imposed, and that the integrated center's existing pylon sign had available space. The board approved the variance 4-0 and continued the case for revision of findings of fact.
• 2023 DV1029 (Detached Garage at 8349 Acton Road): Petitioner Carrie Gano and representative Stephen Brown requested a four-foot side yard setback for a detached metal carport/garage, saying the location was the only practical one and that the structure would not worsen drainage. Staff recommended approval, noting the setback aligned with other accessory structures and that drainage and permitting issues are separate from the zoning variance. The board approved the variance 4-0.

Key Outcomes

• All expedited petitions (DV1028, UV1011, UV1012, UV1015) were approved unanimously (4-0).
• 2023 DV1027 (monument sign) was approved 4-0, with findings of fact to be revised.
• 2023 DV1029 (detached garage) was approved 4-0.
• 2023 DV1022 (carriage house) resulted in a 2-2 tie and was automatically continued to August 1, 2023.
• Several continuances were granted, as listed under Consent Calendar.
• The meeting adjourned after all business was completed.