Metropolitan Board of Zoning Appeals Division One Meeting – October 7, 2026

The Metropolitan Board of Zoning Appeals Division One met on October 7, 2026, with Acting Chair David Duncan and members Jennifer Witt and John Wolski. The board addressed continuances, withdrawals, expedited petitions, and four non‑expedited variance requests involving fences, clear‑site triangles, carports, and outdoor storage.

Preliminary Matters (Special Requests & Continuances)

• 2026‑DV1‑044 (2674 Shirley Drive): Granted 30‑day continuance to November 10, 2026, for additional notice.
• 2026‑DV1‑047 (2502 North Delaware Avenue): Granted continuance to November 10, 2026, with new notice due to possible petition changes.
• 2026‑DV1‑042 (1039 Kessler Boulevard East Drive): Withdrawn; garage addition confirmed compliant with approved plans.
• 2026‑DV1‑035 (first agenda item): Withdrawn.
• 2026‑UV1‑026 (3434 Garden Avenue): Granted continuance to November 10, 2026, for further discussions.
• 2026‑UV1‑028 (case number read): Continued to November 10, 2026, with additional notice due to missing notarized affidavit.
• 2026‑DV1‑036 (6317 Askin Avenue): Granted two‑month continuance to December 1, 2026, to allow time for easement consents or plan revisions.
• 2026‑UV1‑002 (5301 West 56th Street): Dismissed by the board after staff recommended that the petitioner either withdraw or be dismissed due to unresolved fire code variance issues.
• 2026‑UV1‑020 (3503 North College Avenue): Granted 30‑day continuance to November 10, 2026.
• 2026‑UV1‑027 (2450 Lafayette Road): Granted 30‑day continuance to November 10, 2026, with additional notice.

Expedited Petitions

Three expedited petitions were approved unanimously without additional testimony:

• 2026‑DV1‑031 (4850 West 78th Street): Variance to permit a six‑foot fence in the front yard, partially within clear‑site triangle and easements.
• 2026‑DV1‑043 (820 West 54th Street): Variance to permit a detached garage in the front yard of a single‑family residence.
• 2026‑DV1‑046 (6145 North Ewing Street): Variance to permit a detached accessory structure, detached garage, and secondary dwelling unit with an eight‑foot side yard setback (15 feet required).

Public Comments & Testimony

• 2026‑DV3‑011 (St. Rock Catholic Church fence): Ann Shott, a neighbor, expressed safety concerns about the existing fence and wall, noting that parish families were not adequately informed about the proposal. She urged the board to prioritize pedestrian safety and proper communication. Jill Palmer (Department of Public Works) testified that the wall creates a safety hazard by obstructing driver sight lines and cited a 2024 crash report that attributed the crash to the wall. She requested denial of the clear‑site triangle variance.
• 2026‑UV1‑022 (used car sales at 3441 West Washington Street): No opposition was voiced from the audience. The petitioner explained the business had been operating for about a year and wanted to add occasional vehicle sales.
• 2026‑DV1‑045 (Naomi Street fence and carport): Tabitha Grab and Brian Moore, neighbors, opposed the eight‑foot fence, saying it blocks sunlight, is an eyesore, and that the carport encroaches too close to the property line. Grab noted the petitioner had built without permits. Moore presented documentation of a small‑claims court judgment related to the fence.
• 2026‑UV1‑024 (portable storage unit at 5699 East 71st Street): No public opposition was heard. The petitioner stated the unit is used for winter maintenance materials and has letters of support from two neighborhood organizations.

Discussion Items

• 2026‑DV3‑011 – St. Rock Catholic Church: The petitioner proposed relocating the fence 16 feet inward from the corner of Meridian and Sumner and modifying the opaque concrete block section to increase visibility. DPW and staff argued the proposal still encroaches on the intersection decision‑site distance triangle and would jeopardize public safety. Staff recommended approval of the fence height variance only if the fence is moved outside the clear‑site triangle. The board split the variance into two parts: A (encroachment into clear‑site triangle) and B (fence height outside triangle).
• 2026‑UV1‑022 – Used car sales on West Washington Street: The petitioner sought a variance of use to operate automobile sales in an I‑3 zone along a Transit‑Oriented Development (TOD) corridor. Staff recommended denial, citing the comprehensive plan’s call for pedestrian‑oriented uses and the availability of 45 permitted uses in I‑3. The petitioner agreed to commitments for no flashing lights, keeping the site clean, and limiting the variance to the current tenant.
• 2026‑DV1‑045 – Fence and carport on Naomi Street: The petitioner requested an eight‑foot fence (maximum six feet) and a carport with a one‑foot side setback (seven feet required). Staff noted the carport was built without permits and recommended denial because a six‑foot fence is allowed and a standard shed could meet storage needs. The board discussed the practical difficulty of placing a carport on a narrow lot with an existing driveway. The petitioner offered commitments to maintain the property and avoid flashing lights.
• 2026‑UV1‑024 – Outdoor storage unit: The petitioner requested a variance to keep a 200‑square‑foot portable storage unit for maintenance tools and salt. Staff recommended denial, arguing that a shed could serve the same purpose and that allowing outdoor storage undermines the C‑3 district’s low‑intensity character. The board asked the petitioner to commit to painting the unit to match the building and removing logos; the petitioner agreed.

Key Outcomes

• Expedited petitions (3): All three variances were granted unanimously (3–0).
• 2026‑DV3‑011 (St. Rock fence): Part A (clear‑site triangle encroachment) received an indecisive vote (2–1, Walski yes, Witt no, Duncan yes) and was automatically continued to the November 10, 2026 hearing. Part B (fence height outside triangle) was approved unanimously (3–0) subject to commitments that the fence may be repaired but not altered, and guardrails will be installed behind the relocated fence.
• 2026‑UV1‑022 (West Washington used car sales): Indecisive vote (2–1, Walski yes, Witt yes, Duncan no) and continued to November 10, 2026.
• 2026‑DV1‑045 (Naomi Street fence and carport): Indecisive vote (2–1, Walski yes, Witt yes, Duncan no) and continued to November 10, 2026.
• 2026‑UV1‑024 (East 71st Street storage unit): Variances granted unanimously (3–0) subject to a commitment to paint the unit to blend with the building and remove commercial logos, with final approval by staff.
• Continuances and dismissals: All special requests were approved as detailed above, including a dismissal for 2026‑UV1‑002.

Note on date discrepancy: The official meeting date provided is October 7, 2026, though the transcript repeatedly references “October 6, 2026.” The summary uses the date supplied by the user.