Board of Zoning Appeals Division I Public Hearing - August 6, 2024
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Board of Zoning Appeals Division I Public Hearing - August 6, 2024
The Metropolitan Board of Zoning Appeals Division I convened on August 6, 2024 at 1:00 PM in the Public Assembly Room, City-County Building. Acting Chairperson Peter Nelson led the meeting with board members Jennifer Witt, Andrew Catona, David Duncan, and Natalia Rodriguez Hilt present. The meeting addressed continuances, expedited petitions, and a contested variance for additional skyline signs.
Special Requests & Continuances
- 2024-DV1-027 (5101 East Thompson Road) - Automatic continuance acknowledged to September 3, 2024.
- 2024-UV1-009 (1307 South High School Road) - Continuance granted to September 3, 2024, over objection from Jenny Jones, a neighbor of 45 years, who opposed a proposed 122-unit hotel. Petitioner Russell Brown stated they were working with staff on a modified site plan and with the city-county councilor. Staff noted this was the third continuance and encouraged resolution.
- 2024-UV1-011 (5151 South Franklin Road) - Automatic continuance acknowledged to September 3, 2024 (filed before deadline).
- 2024-DV1-025 (6438 Marble Lane) - First continuance granted to September 3, 2024, requested by petitioner Patricia Moore's representative.
- 2024-DV1-017 (2719 Madison Avenue) - Continuance to September 3, 2024, requested by staff due to publication error and petitioner's desire to amend. Eugene Parsley, co-chair of the South Village Neighborhood Association, opposed, citing previous non-compliance and multiple continuances. Board granted over objection.
- 2024-DV1-026 (2008 East Maryland Street) - Two-day waiver of notice (for sign and written notice) granted to allow expedited hearing.
- 2024-DV1-028 (5151 North Pennsylvania Street) - Placed on expedited docket at staff's request.
Expedited Petitions
- 2024-DV1-026 – Variance for a two-foot east side yard setback (five feet required) for a single-family dwelling. Granted unanimously.
- 2024-DV1-028 – Variance for a six-foot rear yard setback (20 feet required) for a building addition. Granted unanimously.
Public Hearing: 2024-DV1-024 – River Crossing Parkway Skyline Signs
- Petitioner: IND SLC Lake Pointe Equities LLC, represented by Stephanie J. Truchan, requested variances to allow two skyline signs per elevation of two office buildings and a parking garage at 3815 and 3925 River Crossing Parkway (zoned C-S (FF)). The ordinance permits one skyline sign per elevation.
- Arguments in Favor: Petitioner sought a comprehensive sign package to avoid future one-off variance requests, citing economic pressures in the office market. John Vandenbark (JLL) testified that the Keystone office market faces 21% vacancy and that signage is critical for attracting and retaining tenants. The property owner valued being a good neighbor and offered a commitment to forgo all signage on south facades (preserving views of a retention pond for apartment residents). They also offered to withdraw the request for additional signage on the parking garage. Support was received from Nora Northside Community Council, Greater Allisonville Community Council, and District 4 Councilor Nick Roberts.
- Staff Position: Michael Weigel recommended denial, arguing that additional signs would set a precedent, contribute to visual clutter, and distract motorists. He noted that the 2019 ordinance reduced skyline signs from two to one per elevation to curb proliferation. Staff acknowledged the prior variance (2022-DV2-048) that allowed a second skyline on the north facade of the west building only.
- Board Discussion: Board members questioned the practical number of signs needed. It was clarified that only two elevations per building (north and either east or west) are visible from the interstate and valuable. The petitioner agreed to a modified commitment: two skyline signs on the north facade of each office building, two on the east facade of the east building, and two on the west facade of the west building, with no signs on the parking garage beyond the existing one. No signs on south facades.
- Vote: The variance was granted unanimously (5-0) subject to the stated commitments.
Adoption of Minutes
- The board adopted the minutes from the previous month's hearing (no further details provided).
Key Outcomes
- Five continuances were granted (four to September 3, 2024; one automatic).
- Waiver of notice approved for 2008 East Maryland Street.
- Two expedited variances granted.
- One contested variance for additional skyline signs granted with conditions.
- Board minutes from the prior meeting adopted.
Meeting Transcript
Good afternoon, everyone. I'm gonna call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 1. I am Peter Nelson, acting chairperson of Division One. Other board members present are Jennifer Witt, Andrew Cotona, David Duncan, and Natalia Rodriguez Hilt. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie Onea, Principal Planner 2. Robert Ulenhake, Senior Planner, Michael Weigel, Senior Planner, Kaya Mullins, senior planner, or associate planner, excuse me, and Marty Weiste, Senior Board 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 procedures. 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 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 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 signed subject 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, 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 a 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. Is there anyone in the audience who has any questions about our procedures? All right. Seeing no one, uh, 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 any additional testimony from the individual petitioners. Is there a motion? Duncan so moved. Can I get a second? Witt. Second. All right. Motion and a second. I'll ask for a vote. Duncan? Duncan, yes.
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