Metropolitan Board of Zoning Appeals Division 1 Hearing - January 2, 2024
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Metropolitan Board of Zoning Appeals Division 1 Hearing - January 2, 2024
The Metropolitan Board of Zoning Appeals Division 1 held a public hearing on January 2, 2024. Acting Chairperson Andrew Catona presided, joined by board members Jennifer Witt and Patrice Ducket Brown, with Chris Steinmetz serving as legal counsel. The board reviewed expedited petitions, continuances, and two fully contested cases.
Consent Calendar
- The board unanimously approved a waiver of rules to vote on the expedited docket without individual testimony.
- Continuances: Automatic continuances were acknowledged for petitions 2023 UV 1027 (7425 Westfield Blvd) and 2023 UV 1028 (7429 Westfield Blvd) to the February 6, 2024 hearing, filed by a registered neighborhood organization. The board acknowledged amended commitments for 2023 DB 1056 (3777 West 69th St), with staff continuing to recommend approval.
- Expedited Docket (Approved 3-0):
- 2023 DV 1056: Variance for a detached garage (7 ft west side yard vs. 15 ft required) and a free standing shed (4.5 ft east side yard) at 3777 West 69th St.
- 2023 DV 1059: Variance for 7% facade transparency on a proposed convenience market at 3835 East 96th St (40% required).
- 2023 DB 1060: Variance for setbacks and main floor square footage for single-family dwellings at 1202-1244 Hartford St (1 ft front yard setback vs. 10 ft required, 3 ft rear yard vs. 20 ft required, 634/660 sq ft main floor vs. 720 sq ft required).
Discussion Item: Petition to Terminate Commitment (2023 AP 1002 - 1001 North Rural Street)
Proposal: The petitioner requested the termination of Commitment No. 10, a condition of a 2008 variance (2008 DV 1058) for the gas station at 1001 North Rural Street, which prohibited the sale of cigarette or tobacco rolling papers.
Petitioner Position: Miranda Steele, on behalf of Harsh Pre Inc., argued the commitment creates a competitive disadvantage compared to nearby gas stations that sell rolling papers, which is a use permitted by right in the C3 district. She stated the restriction diverts customers and revenue to other stations.
Remonstrator Position: Chris Staub, President of the Near Eastside Community Organization (NESCO), opposed the termination. He reported that the Brookside Neighborhood Association, Rivelee Park Neighborhood, and the NESCO Board of Directors had all voted against termination. He cited the historical need for the commitment due to public safety concerns at the former business on the site and noted prior code enforcement violations.
Staff Position: Staff provided no recommendation, noting they were not party to the original commitment and that the sale of rolling papers is a permitted use by right.
Key Outcome: The board voted 3-0 to deny the petition (2023 AP 1002). Members Catona, Witt, and Ducket Brown all voted no, citing a lack of neighborhood support for the request.
Discussion Item: Variance for Carriage House (2023 DV 1054 - 530 West 44th Street)
Proposal: Petitioner James Hall requested variances to construct a carriage house with a secondary dwelling unit. The variances sought were for a 754 sq ft structure (720 sq ft max), a 5-foot corner side yard setback from Sunset Avenue (10 ft required), and a 2.5-foot rear yard setback (5 ft required).
Petitioner Position: Mr. Hall stated the design was necessary to accommodate a functional two-car garage, storage, mechanicals, and an interior stairwell, which he argued was safer and provided better tenant privacy than an exterior staircase. He confirmed the primary residence would remain owner-occupied. No remonstrators appeared in opposition.
Staff Position: Staff recommended denial, arguing the practical difficulty was self-imposed because the structure could be redesigned (e.g., reducing the living space or placing stairs outside) to meet code standards. Staff believed the deviations should relate to the site, not the owner's preferences.
Key Outcome: The board voted 3-0 to approve the variances (2023 DV 1054). Members Ducket Brown, Catona, and Witt all voted yes, rejecting the staff's recommendation of denial.
Meeting Transcript
This is a public hearing of the Metropolitan Board of Zoning Appeals Division 1. I am Andrew Catona, Acting Chairperson of Division One. The other board members present are Jennifer Witt and Patrice Ducket Brown. Legal counsel for the board today is Chris Steinmetz. Staff members present today are of the Division of Planning are Eddie O'Neill, Robert Uhlenhack, Michael Weigel, Heather Stefan is our 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 rule of procedure. The expedited 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 the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present the administrators' comments regarding the petition. The petition will then be allowed, 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, 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 the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the 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 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 rideways are example. These conditions and commitments are an integral part of the board's decision and must be met for granted variants to be valid. Compliance with conditions imposed by the board must be proved 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 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 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 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. There are only three members present today. It requires three votes to take action on any requests. We will take this into consideration when hearing requests for continuance. If your petition receives an indecisive vote, your petition will automatically be continued to the February 6th, 2024 hearing. Is there anyone in the audience who has any questions about our procedures? Okay, if not, before we hear special requests, I will ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. Do I have a motion? Motion. Second. I will now ask for a vote. Witt. Wit, yes. Ducket Brown. Ducky Brown, yes. And Catona votes yes. We will consider special requests and continuances at this time.
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