Metropolitan Board of Zoning Appeals Division One Hearing - April 7, 2026

The Metropolitan Board of Zoning Appeals Division One met on April 7, 2026, at 6:15 PM (UTC) under Chairperson Peter Nelson. Board members present included Jennifer Witt, David Duncan, and Tom Barnes. Legal counsel Chris Steinmetz and staff from the Division of Planning were also present. The meeting began with the approval of the March 3, 2026 minutes and a waiver of rules to allow expedited petitions to be voted on without individual testimony. The board considered several continuances, expedited cases, and seven regular variance petitions, with decisions ranging from unanimous approval to denial.

Consent Calendar

• Approval of March 3, 2026 meeting minutes (moved by Duncan, seconded by Witt, voted 4-0).
• Waiver of rules to vote on expedited petitions without additional testimony (moved by Duncan, seconded by Witt, voted 4-0).

Public Comments & Testimony

Public testimony was heard as part of each individual case. Members of the public, including petitioners, neighbors, and representatives from neighborhood associations, spoke in support or opposition to specific petitions. Notable testimony included:

• In case 2026 DV1-004 (6535 N Olney St), neighbor Cindy Miller spoke in support of the petitioner's privacy fence, citing direct sightlines from a neighbor's deck into the petitioner's pool and children's play area.
• In case 2026 UV1-004 (4902 W Washington St), the petitioner's representative Kenneth Crane described PLS Financial Services' community engagement, including hiring locally and school supply drives.
• No general public comments were made outside of specific cases.

Discussion Items

Continuances and Withdrawals

• 2026 DV1-012 (3675 W 11th St): Continued to May 12, 2026 without notice to obtain approval from the Department of Business and Neighborhood Services.
• 2026 DB1-003 (602 Prospect St): Continued to May 12, 2026 with notice to work on a revised site plan.
• 2026 UV1-002 (5301 W 56th St): Continued to June 2, 2026 without notice to allow for a fire inspection report and Pike Township residents association meeting.
• 2026 DV1-008 (5102 W Bradbury Ave): Withdrawn after petitioner amended plans to meet ordinance requirements.
• 2026 UV1-006 (8798 Moore Rd): Continued to May 12, 2026 without notice for additional staff discussion.
• 2026 DV1-010 (2606 Northview Ave): Continued to May 12, 2026 with notice to update consent forms.

Expedited Cases

• 2026 DV1-006 (7575 Central Ave, Meridian Hills): Variance for a 15-foot rear yard setback (30 ft required) for a single-family dwelling. Granted unanimously (4-0).
• 2026 DV1-009 amended (44 E 54th St): Variance for a 5-foot west side yard setback (7 ft required) and 65% open space (75% required) for a detached garage. Granted unanimously (4-0).

Regular Cases

• 2025 DV1-059 (5217 Broadway): Petitioner John Risingmore requested a variance for a rear addition that exceeded the one-time expansion allowance for side setbacks. The contractor had built beyond the permitted scope. Staff recommended denial due to the structure's intensity and self-imposed hardship. The petitioner argued that the error was due to miscommunication and that the reduction was minimal (0.8 ft to north, 1.2 ft to south). The board granted the variance 3-1 (Duncan, Witt, Barnes in favor; Nelson opposed).
• 2025 DV1-065 (2929 Eagledale Dr): Petitioner Martin Jimenez, with Spanish translator, requested a variance for a zero-foot side setback for a carport built without permits. Staff recommended denial, citing no site-specific practical difficulty and potential drainage impacts. The petitioner acknowledged the mistake and offered to comply with any board directives. The variance was denied 3-1 (Witt in favor; Barnes, Nelson, Duncan opposed).
• 2026 DV1-001 (445 Sanders St): Petitioner Josh Smith sought a variance for encroachment into the clear site triangle at the intersection of Sanders and East Street. The neighborhood association supported the proposed setback (in line with historic homes), but staff and DPW raised safety concerns about the intersection decision site distance triangle. After discussion, the petitioner requested a continuance to May 12, 2026, which was granted without opposition.
• 2026 DV1-004 (6535 N Olney St): Petitioner Chris Schmidt requested a variance for a 12-foot privacy fence (max 6 ft) to block sightlines from a neighbor's elevated deck. Staff recommended denial, but the petitioner agreed to commitments limiting the variance to the submitted site plan and a five-year time limit to allow landscaping to grow. The variance was granted 3-1 (Barnes dissenting).
• 2026 DV1-007 (4137 N Sherman Dr): Petitioner Rosetta Clay (co-owner) requested a variance for a 6-foot fence in the front yard (max 3.5 ft). The fence was built by the developer without their knowledge. Staff recommended denial, but the petitioner expressed safety and privacy concerns. The board granted the variance 3-1 (Barnes dissenting) with a commitment that the variance applies only to the existing fence, not to new front-yard fencing.
• 2026 DV1-011 (2562 N Bancroft St): Petitioner Edward Hanson, represented by John Cross, requested a variance for a 1,344 sq ft barn (larger than the 1,335 sq ft primary dwelling). The barn was built during COVID without proper permits. Staff recommended denial, noting no site-specific practical difficulty. The petitioner argued that the barn was only 9 sq ft larger (0.67%) and that the house had been elevated to meet floodplain requirements. The variance was granted 3-1 (Barnes dissenting).
• 2026 UV1-004 (4902 W Washington St): Petitioner QHW Washington Street LLC, represented by Joseph Calderan, requested a variance for a check cashing and validation service within 50 feet of a protected district (500 ft required). The proposed use is by right in C5 zoning but for the separation requirement. Staff recommended denial, citing the substantial reduction in separation. The petitioner noted that the site is a vacant former Pizza Hut, that PLS Financial Services does not offer payday loans, and that the development pattern along Washington Street makes it difficult to meet separation requirements. The board granted the variance 4-0 with commitments: no payday/title lending, and the variance applies only during the petitioner's ownership/occupancy (with allowance for corporate transactions like sale-leaseback).

Key Outcomes

• Meeting adjourned after all business was concluded.
• Votes summary: The board approved 4 variances (including expedited) and denied 1. One case was continued. All decisions were made with at least 3 votes (required for action). The board had 4 members present throughout, though one member (Barnes) had a hard stop at 4:00 PM, leaving a quorum for later cases.
• Commitments: Several variances were granted subject to specific commitments (e.g., limiting to existing structure, time limits, no payday lending).
• Next steps: Continued cases will be heard on May 12, 2026 (or June 2, 2026 for UV1-002). Petitioners must comply with conditions and obtain improvement location permits as needed.