Board of Zoning Appeals Division I Meeting - July 1, 2025
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Board of Zoning Appeals Division I Meeting - July 1, 2025
The Metropolitan Board of Zoning Appeals Division I held a public hearing on July 1, 2025, chaired by Peter Nelson, to consider multiple variance petitions and routine matters. The board approved minutes from June 3, 2025, and handled several continuances and special requests before hearing five contested petitions. Votes resulted in granting four variances and partially granting one.
Consent Calendar
- Meeting minutes from June 3, 2025, were approved unanimously.
- Automatic continuances were acknowledged for petitions 2025-DV1-026, 2025-DV1-032, and 2025-UV1-009, moving them to August 5, 2025.
- A staff-requested continuance for petition 2025-DV1-029 (2062 Carrollton Avenue) was granted with new notice.
- A petitioner-requested continuance for 2025-DV1-030 (2110 Bloyd Avenue) was granted with notice.
- Petition 2025-UV1-006 (5451 Moller Road) was withdrawn by the petitioner for refiling with a rezoning.
Public Comments & Testimony
- Jordan Cody (717 Haymount Drive) spoke in support of the fence at 6714 Balmoral Road, stating it forces drivers to stop and improves safety for children.
- Riley Huddleson Zipper, president of the Grace Tuxedo Park Neighborhood Association, expressed unanimous neighborhood support for the Shepherd Community project at 3838-3862 East Washington Street, citing need for affordable housing.
- Chris Staub, president of NESCO, also supported the Shepherd project, noting that alley access can lead to illegal dumping and crime, and urged approval of all three variances.
Discussion Items
- 2025-DV1-023 (6714 Balmoral Road): Petitioner Hestia Campos sought a variance for a 6-foot fence within front yards and clear sight triangles on a corner lot, citing safety concerns (dog shot, thefts). Staff recommended denial, arguing the fence blocks sight lines and exceeds the 3.5-foot height limit. The board voted 3-2 to grant the variance.
- 2025-DV1-025 (1002 Hosbrook Street & 815 Grove Avenue): Petitioner Micah Hill requested a variance for a 4-foot fence within front yards, clear sight triangles, and right-of-way. Staff recommended denial due to height and sight triangle issues. The board voted 5-0 to grant the variance.
- 2025-UV1-008 (6158 West 10th Street): Petitioner John Cross sought variances for office use, a second vehicular access point (Vinewood Street), and wide parking areas. Staff recommended approval for use and parking but denial of the second access, citing safety concerns. DPW traffic engineer Jill Palmer opposed the second access. The board split the petition: use and parking variances were granted unanimously; the second access variance was denied (1 yes, 3 no).
- 2025-DV1-028 (4830 Guilford Avenue): Petitioner Mark Demerley requested a variance for a 3-foot side yard setback (5 feet required) for a new detached garage. Staff recommended denial, arguing no practical difficulty exists. The board voted 5-0 to grant the variance.
- 2025-DV1-031 (3838-3862 East Washington Street): Petitioner Mindy Westrick Brown, on behalf of Shepherd Community Inc., sought variances for a mixed-use affordable housing project: first-floor residential at grade, public entrances at 100-foot intervals (instead of 50), and vehicle access from Bradley Avenue instead of the alley. Staff supported the first two variances but opposed the alley access, citing pedestrian safety and the purpose of alleys. The board voted 5-0 to grant all three variances.
Key Outcomes
- 2025-DV1-023: Granted (3-2).
- 2025-DV1-025: Granted (5-0).
- 2025-UV1-008: Use and parking variances granted (5-0); second access point variance denied (1-3).
- 2025-DV1-028: Granted (5-0).
- 2025-DV1-031: All three variances granted (5-0).
- Continuances and withdrawals were approved as noted. The meeting adjourned after signing findings of fact.
Meeting Transcript
All right, good afternoon, everybody. Gonna call this meeting to order. 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. Andrew Cotona, David Duncan, Patrice Duckett Brown, and Beth Brandon. Legal counsel for the board today is Chris Steinmitz. Staff members present from the Division of Planning are Kathleen Blackham, Senior Planner, Robert Ulenhake, Senior Planner, Noah Stern, Senior Planner, excuse me, Michael Weigel, senior planner, Kaya Mullins, Associate Planner, and Marty Weiste, 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 this hearing 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 petitioners have 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 to the petition to be continued due to a 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 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. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the boards regarding a matter pending before the board outside 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. Okay, board members, uh you have been provided meeting minutes for our June 3rd meeting. Um June 3rd, 2025. If there are no deletions or additions, I will take a motion for their approval. Brandon, so moved. And is there a second? Duncan, second. All right, I'll call for a vote on meeting minutes approval. Duncan. Duncan, yes. Catona. Katona, yes. Brandon. Brandon, yes. Duckett Brown.
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