Metropolitan Board of Zoning Appeals Division One Public Hearing – April 1, 2025
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Metropolitan Board of Zoning Appeals Division One Public Hearing – April 1, 2025
The Metropolitan Board of Zoning Appeals Division One held a public hearing on April 1, 2025, at 2:00 PM (18:00 UTC) under Chairperson Peter Nelson, with board members Jennifer Witt and Tom Barnes. The meeting addressed procedural approvals, ten continuances due to a staff publication error, one expedited variance case, and one contested variance case. All votes were unanimous except for the denial of the contested case.
Consent Calendar
- Approval of Minutes: The board unanimously approved the minutes from the March 4, 2025 hearing (motion by Witt, second by Barnes).
- Waiver of Rules for Expedited Petitions: The board approved a waiver to allow voting on expedited petitions without additional testimony (motion by Barnes, second by Witt).
Continuances Due to Publication Error
Staff requested continuances for ten petitions to the May 6, 2025 hearing due to an unexpected legal notice publication error. No audience members objected. All continuances were approved unanimously (motions by Barnes, second by Witt). The continued petitions were:
- 2025 DV1008 (1910 Mansfield Street)
- 2025 DV1009 (8415 West Washington Street)
- 2025 DV1010 (6901 and 6951 Michigan Road)
- 2025 DV1011 (6445 North Illinois, Meridian Hills)
- 2025 DV1012 (8130 Rockville Road)
- 2025 DV1013 (1933 West 64th Street)
- 2025 DV1014 (7612 West 93rd Street)
- 2025 DV1015 (909 North Parishing Avenue)
- 2025 UV1004 (3950 Meadows Drive)
- 2025 UV1005 (2225 East 10th Street)
Expedited Case – 2025-DV1-004 (1135 and 1141 North Tacoma Avenue)
Petitioners: Ariana and Joel Matthews (represented by Paul J. Lambee) sought a variance of development standards to construct a duplex on each of two lots with deficient lot widths (45 and 40 feet, 60 feet required). The board voted unanimously to grant the variance after the petitioner’s representative confirmed the request.
Public Hearing – 2025-DV1-003 (2703 Cardigan Road)
Petitioner: Jose Luis Martinez Marcill (represented by Arnoldo Gonzalez Vasquez) requested a variance to allow a 53-foot-wide parking area within the front yard (maximum 30 feet permitted). The petitioner argued the wider driveway was needed for a large family’s parking and presented four letters of support from neighbors. He committed that no commercial activity or Airbnb would occur on the property.
Remonstrator: Susan Blair, President of the Pike Township Residence Association (PTRA), opposed the petition. She cited a long history of zoning violations (since 2007), numerous Mayor Action Center complaints (2016–present) regarding commercial construction activity, and the owner’s unwillingness to remove the gravel driveway. The Crooked Creek Land Use Committee also submitted a letter of opposition noting the owner hung up when they attempted to discuss concerns. PTRA voted to oppose after the owner declined to remove the second driveway.
Staff Recommendation: Denial. Staff noted the 30-foot width rule exists to prevent parking from dominating residential front yards. The gravel driveway appeared to lead to a fenced rear yard with potential commercial use. A box truck was observed during a site visit. The variance would not legalize commercial use, but the practical difficulty was not demonstrated. Additionally, an infrastructure variance from the Department of Business and Neighborhood Services would be unlikely.
Rebuttal: The petitioner argued the driveway was already built and costly to remove, and that his commitments should be sufficient. The remonstrator countered that gravel removal is inexpensive and that the owner’s refusal to remove it suggests intent to resume commercial operations.
Vote: The board unanimously denied the variance (Barnes, Nelson, Witt all voted no).
Other Business – 2025-DV1-005 (6462 Broadway Street)
Petitioner Melissa Jackson and Andrew Melhop (represented by Hannah Abel) were not present due to a miscommunication. Staff requested a continuance to May 6, 2025, with no objections. The board unanimously approved.
Key Outcomes
- Approved: Minutes from March 4, 2025; waiver of rules for expedited petitions; ten continuances due to publication error; expedited variance for 1135 and 1141 North Tacoma Avenue (duplex lots).
- Denied: Variance for 2703 Cardigan Road (53-foot driveway).
- Continued: Variance for 6462 Broadway Street to May 6, 2025.
- All votes were unanimous (3-0) except where noted.
Meeting Transcript
All right, I'm gonna call this meeting to order. This is a and good afternoon. This is a public hearing of the Metropolitan Board of Zoning Appeals Division One. I am Peter Nelson, Chairperson of Division One, other board members present. Jennifer Witt and Tom Barnes. Legal counsel for the board today is Chris Steinmitz. Staff members present today from the Division of Planning are Eddie Onea, Principal Planner 2, and Interim Planning Administrator. Robert Ulenake, senior planner, Noah Stern, senior planner, Michael Weigel, senior planner, Kaya Mullins, associate planner, Marty Weistie, Senior Board Specialist and Secretary to the Board. 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 these hearings 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 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 petitioner has 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 of way 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 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 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. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. Sorry. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. As you can see, there are three board members present today. It does require three votes to take action on any request, so we will take this into consideration when hearing requests for continuances. If your petition receives an indecisive vote, meaning 2-1, your petition will be automatically continued to the May 6th, 2025 hearing. Board members, you have been provided meeting minutes for our March 4th hearing. If there are no deletions or additions, I will take a motion for their approval. Wit, so moved. And a second. Okay. Member Barnes seconded. So I'll call for a vote. Uh Witt. Witt, so moved. Or yes. Barnes.
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