Metropolitan Board of Zoning Appeals Division 1 Meeting - March 4, 2025

The Metropolitan Board of Zoning Appeals Division 1 met on March 4, 2025 at 6:15 PM for a public hearing. Chairperson Peter Nelson presided. The board approved minutes from February 4, 2025, waived rules for expedited petitions, and handled several continuances and special requests. Four expedited petitions were granted unanimously. Four regular hearing cases were heard, with votes and commitments recorded. A fee reduction request was granted, and procedural matters were resolved.

Consent Calendar

• Minutes Approval: The board approved the meeting minutes from February 4, 2025 (motion by Witt, second by Duncan; unanimous vote).
• Waiver of Rules: A motion to waive rules of procedure to allow voting on all expedited petitions without additional testimony passed unanimously.
• Automatic Continuances Acknowledged:
  • 2025 DB1004 (1135 and 1141 North Tacoma Ave) – continued to April 1, 2025 per registered neighborhood organization.
  • 2025 DV1003 (2703 Cardigan Road) – continued to April 1, 2025 per registered neighborhood organization.
  • 2025 UV1002 (6145 North Ewing Street) – withdrawal acknowledged at petitioner's request.
• Other Procedural Actions:
  • Continuance Granted (2025 DV1005): Petitioner's representative Hannah Abel requested without objection to continue case 2025 DV1005 (6462 Broadway) to April 1, 2025 without additional notice; granted unanimously.
  • Expedited Docket Transfer (2024 DV1044 amended): Petitioner Mark Crouch requested to move case 2024 DV1044 (289 North Cole Street) to the expedited docket due to an amended site plan with staff support; granted unanimously. Staff clarified a typo in the original staff report (first recommendation said 'denial' but should now read 'recommending approval').
  • Two-Day Waiver (2025 DV1007): Staff requested a two-day waiver of legal notice for petition 2025 DV1007 (6138 Central Avenue) because staff was late sending notice; granted unanimously.
  • Fee Reduction Request (2025 PTN025): Petitioner Harriet Greenland (1144 Navajo Trail South Drive) initially requested fee waiver or reduction for a fence variance; staff noted a policy against waivers but board can reduce to $100. No second was received for the $100 reduction. Later, after testimony, a motion to reduce to $250 (50% of $585) was made and passed (Witt, McBride, Nelson yes; Duncan, Catona no). Staff later clarified the exact amount as $292.50 (50% of $585). The fee reduction was granted.
• Expedited Petitions (Unanimously Granted):
  • 2024 DV1044 amended (289 North Cole Street) – variance for detached garage in front of primary dwelling; all yes.
  • 2024 DV1045 (4496 Saguaro Trail) – variance for building addition with 11-ft rear yard setback (30 ft required); all yes.
  • 2025 DV1006 (5320 Central Avenue) – variance for building addition with 8.66-ft rear yard setback (20 ft required); all yes.
  • 2025 DV1007 (6138 Central Avenue) – variance for building addition with 5-ft rear yard setback (20 ft required); all yes.

Discussion Items

• 2024 DV1046 – 8654 West 86th Street (Pike Township): Petitioner Gary James requested variance to install a 6-ft decorative aluminum wrought iron fence (with brick columns and planter boxes) in the front yard (max 3.5 ft permitted). The property is on a main road (35 mph, school zone). Staff recommended denial, stating no practical difficulty and the fence is purely decorative; a 3.5-ft fence would suffice. Neighbor across the street wrote a letter supporting the variance. Pike Township Residents Association (representing ~88,000 households) also supported. Board expressed concern about future replacement with a less aesthetic fence; petitioner agreed to a commitment that the fence will maintain substantially similar design and opacity as shown. Motion to grant with commitment passed unanimously (5-0).
• 2024 UV1030 amended – 2927 West Washington Street (Wayne Township): Petitioner TechLich Fakadu (Douglas Fucardo) sought use variance to allow a four-unit multifamily building and a detached fifth dwelling unit on a property zoned C4. He purchased the property as a rental, unaware of zoning restrictions. Staff recommended denial, citing that the property can be used as a single-family home, the parcel is too small for five units, and parking is insufficient. There was discussion about a 1996 case (str 96-03962) that may have involved three units, but staff found no permits for the current interior configuration. Board voted unanimously (5-0) to deny the variance.
• 2025 UV1001 – 3854 Washington Boulevard (Washington Township): Petitioner Timothy Funston requested use variance for a 995-sq-ft second primary dwelling (carriage house) exceeding the 720-sq-ft limit for secondary dwellings. The carriage house was built in 2001; petitioner purchased the property with it. Meridian Kessler Neighborhood Association (land use committee) supported. Staff recommended denial, characterizing the request as a use variance (second primary dwelling) due to the size, and expressing concern about future replatting or separate sale. Board discussed a commitment preventing subdivision or separate sale of the carriage house from the primary dwelling. Petitioner agreed. Motion to grant with commitment passed unanimously (5-0).
• 2025 UV1003 – 9615 Southeastern Avenue (Franklin Township): Petitioner Grateful Ventures LLC (Greg Ilco representing Jeff Gance) sought use variance to operate a financial planning and insurance office in an existing single-family house on a residential (DA) lot. The office would have two full-time employees and about one client visit per week. Franklin Township Civic League supported. Staff recommended denial, stating the use is not permitted in DA district, can be a home occupation if owner lives there (petitioner does not plan to reside on site), and may set a precedent for commercial uses. Board discussed a commitment limiting the variance to the current owner (Grateful Ventures LLC) and to the specified business use. Petitioner accepted. Motion to grant with commitment passed 3-2 (Duncan, Witt, Catona yes; Nelson, McBride no).

Other Testimony

• Testimony from Harriet Greenland (Prospective Petitioner): Following the regular agenda, Harriet Greenland (who had earlier received a fee reduction for petition 2025 PTN025) provided additional testimony about her fence variance request. She described a neighbor dispute involving harassment and safety concerns, and explained that a taller fence (6 ft with 2-ft lattice, total 8 ft) would provide privacy and separation. Board members heard her story but did not take a vote on the underlying variance (the petition is not yet docketed for a full hearing). The board acknowledged her situation and noted the fee reduction would allow her to pursue the case.

Key Outcomes

• Unanimous Votes: Minutes approved, rule waiver, continuances, expedited petitions, 2024 DV1046 granted, 2025 UV1001 granted, 2024 UV1030 denied.
• Split Vote: 2025 UV1003 granted 3-2 (with commitment).
• Fee Reduction: Petition 2025 PTN025 fee reduced from $585 to $292.50 (50% reduction).
• Commitments Recorded:
  • 2024 DV1046: Fence must maintain substantially similar design and opacity as in the application.
  • 2025 UV1001: No replatting or separate sale of the carriage house from the primary dwelling.
  • 2025 UV1003: Variance limited to Grateful Ventures LLC and to financial planning and insurance use; any transfer of ownership terminates the variance.
• Next Steps: Petitioner for 2025 PTN025 can schedule a hearing with the reduced fee. Other continued cases go to April 1, 2025 hearing.