Metropolitan Board of Zoning Appeals Division 1 Public Hearing - June 2, 2026
Metropolitan Board of Zoning Appeals Division 1 Public Hearing - June 2, 2026
The Metropolitan Board of Zoning Appeals Division 1 convened on June 2, 2026, at 6:15 PM for a public hearing. Chairperson Peter Nelson presided, with board members David Duncan and John Wolski present. Legal counsel Chris Steinmetz and staff from the Division of Planning were also in attendance. The hearing addressed multiple petitions, including expedited cases, continuances, and three contested variance requests.
Consent Calendar
- Approval of Minutes: The minutes from the May 12, 2026 hearing were approved unanimously (Duncan, Wolski, Nelson all ayes).
- Waiver of Rules for Expedited Petitions: A motion to waive rules of procedure for expedited petitions passed unanimously, allowing the board to vote on those cases without additional testimony from individual petitioners.
Public Comments & Testimony
- No members of the audience had questions about procedures.
Special Requests and Continuances
- 2026 DV1023 (4000 Michigan Road): A three-day waiver of legal notice was granted unanimously due to staff delay in providing notice materials.
- 2026 UV1002 (5301 West 56th Street): A one-month continuance to July 7, without additional notice, was granted unanimously to address fire inspection issues.
- 2026 UV1008 (address not specified): A one-month continuance to July 7, without additional notice, was granted unanimously to allow further discussions with staff and the neighborhood land use committee.
- 2026 UV1013 (address not specified): A one-month continuance to July 7, without additional notice, was granted unanimously, along with a two-day waiver of legal notice to account for tight docketing timelines.
- 2026 DV1022 (address not specified): A one-month continuance to July 7, with new notice, was granted unanimously to allow amendment of plans.
- 2026 DV1020 (6129 South Emerson Avenue): A one-month continuance to July 7, with new notice, was granted unanimously to allow amendment of the petition.
- 2026 DV1018 (3101 North Norfolk Street): Withdrawn at the request of the petitioner, as the property owner identified alternative pathways to compliance.
- 2026 DV1013 (2440 Lafayette Road): Acknowledged as automatically continued to July 7 due to a timely request from a registered neighborhood organization.
Expedited Cases (Unanimously Granted)
- 2026-DV1-019 (1630 East 18th Street): Variance for a building addition with a 4.5-foot west side yard setback (5 feet required) and a 9-foot rear setback (20 feet required).
- 2026-DV1-021 (8080 Broadway Street): Variance for a building addition with a 5.5-foot side yard setback (15 feet required) and a 21-foot rear setback (25 feet required).
- 2026-DV1-023 (4000 Michigan Road): Variances for two monument signs along 38th Street (height of 9 and 12 feet, max 5 feet permitted; separation of 75 feet, 300 required; a third sign along Michigan Road provided for in the waiver) and a canopy sign with projection exceeding 18 inches.
Discussion Items
- Case 2026 DV1012 (3675 West 11th Street): Petitioner Epifanio Carvajal sought variances for a partially constructed detached garage (three-foot side setback, four-foot rear setback, encroachment into an easement, and a 33-foot driveway width in the front yard). Staff recommended denial, citing unpermitted improvements and alternative design options. The board voted indecisively (Duncan: no, Wolski: yes, Nelson: no), resulting in an automatic continuance to the July 7 hearing.
- Case 2026 UV1009 (3002 East 56th Street): Petitioner Siobhan Watson sought a use variance to operate a used car sales business (maximum 10 vehicles) at an existing office building zoned C3. Numerous remonstrators, including the nearby PolyPanda Preschool and North Kessler Manor Neighborhood Association, opposed the petition, citing incompatibility with the comprehensive plan, safety concerns for children, proximity to the Nickel Plate Trail, and traffic issues. City-County Councilor Dan Boots also spoke in opposition. The petitioner offered commitments including test drives accompanied by employees, landscaping, and limited hours. Staff recommended denial, noting that the use is not permitted in C3 and that the site has many by-right uses. The board unanimously denied the variance (Duncan: no, Wolski: no, Nelson: no).
- Case 2026 UV1011 (3922 East 26th Street): Petitioner Nile Odom requested a use variance and development standards variances to operate a gravel parking lot for temporary storage of towed vehicles on a D5-zoned parcel. No remonstrators were present. Staff recommended denial, arguing the use would intensify commercial activity in a residential area, but the board granted the variance unanimously (Duncan: yes, Wolski: yes, Nelson: yes). The petitioner noted existing heavy commercial uses nearby and committed to low-impact operations (one tow truck, no overnight activity, privacy fence).
Key Outcomes
- Expedited Cases: All three variance petitions were granted unanimously.
- Case 2026 DV1012: Continued to July 7, 2026, due to an indecisive vote.
- Case 2026 UV1009: Denied unanimously.
- Case 2026 UV1011: Granted unanimously.
- The board will subsequently adopt findings of fact for each decision.
Meeting Transcript
All right, good afternoon. Going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 1. I am Peter Nelson, Chairperson of Division 1. Other board members present today are David Duncan and John Wolski. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Bryce Patz, current planning administrator, Jeff York, current planning manager. Adrian Baker, Principal Planner 1, Michael Weigel, Principal Planner 1, Robert Ulenhag, Senior Planner, Josh LeBec, Senior 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 administrators' 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. Um I guess I have been notified there may be a city councilor present today. So if there is during the petitioners, we'll get you in after the petitioners and remonstrators. City councilor time is unlimited. So I will get there if we come to that. Please limit your testimony and evidence to the 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 thanks 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 areas, 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 the 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 attained 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 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. I will note there are three members present today, and it does require three votes to take action on any request. We will take this in consideration when hearing requests for continuances. If your petition does receive an indecisive vote, your petition will be automatically continued to the July 7th hearing. Board, you have been provided meeting minutes for our May 12th hearing. If there are no deletions or additions, I will take a motion for their approval. Duncan so moved. And a second. Wolski. All right. Call for a vote.
openpublica.com