Metropolitan Board of Zoning Appeals Division II Meeting - December 11, 2018
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Metropolitan Board of Zoning Appeals Division II Meeting - December 11, 2018
This meeting of the Metropolitan Board of Zoning Appeals, Division II, chaired by Mark Young, considered several variance petitions, including requests for continuances, expedited docket transfers, and approvals. The board heard testimony from petitioners, remonstrators, and staff, and voted on each case. All votes were unanimous (5-0) unless otherwise noted.
Public Comments & Testimony
- Case 2018 DV2034 (1102 & 1108 Fletcher Avenue): Remonstrator Isla Haas (1111 Span Avenue) opposed the variance for a bar addition, citing existing parking overflow onto adjacent vacant lots, property damage, trash, and lack of communication from the petitioner. She requested denial or further negotiation. Petitioner David Kingan (618 East Market Street) argued that on-street parking is available, commitments (including public art, trash pickup, and signage) mitigate concerns, and the addition is for restrooms only. Staff recommended approval with seven commitments, including excluding the second floor from patron use.
- Case 2018 DV2044 (1221 North Bevel Avenue): Remonstrator Lori Klinger (2326 Noland Avenue) and Victor Hill (1225 North Bevel Avenue) opposed the variance for a reduced building separation of 5.5 feet. They cited a previous variance violation, lack of notification, and impacts on light and privacy. Petitioner Anton Zensarski and architect Brent Mather argued that the separation aligns with neighborhood fabric, fire safety measures are in place, and the lot is narrow (40 feet vs. required 50 feet). Staff recommended approval.
- Case 2018 DV2026B (3155 Bonham Drive): Remonstrator David Legg (3218 North Centennial) objected to a continuance, noting drainage issues and lack of progress from petitioner Antonio Lisenby after two months.
Discussion Items
- 2018 DV2034 (Fletcher Avenue): Three variances were requested: exemption from 40% transparency requirement (due to restroom wall), expansion of a bar within 100 feet of a protected district (owned by petitioner), and reduction of parking from 22 to 15 spaces (based on first-floor use only). Staff clarified that the second floor is not used for patrons, and the petitioner agreed to a commitment prohibiting its use as a tavern. The board discussed adding a commitment to contact property owners of adjacent lots to request no-parking signs and a barrier. The petitioner agreed to pay for signs and contact owners. The board amended the commitment to extend trash pickup to 75 feet. The variance was approved unanimously.
- 2018 DV2044 (Bevel Avenue): The petitioner requested a reduction in building separation from 10 feet to 5.5 feet on both sides. Staff noted that the lot width is 40 feet (required 50 feet), creating a practical difficulty. The petitioner presented fire-rated materials and centered the house to minimize impact. Remonstrators argued that the process was flawed and that the structure would block light. The board approved the variance.
- 2018 DV2026B (Bonham Drive): Petitioner Antonio Lisenby requested a second continuance to consult with building services. Staff recommended continuance to January 8, 2019, but warned of dismissal if no new information is provided. The remonstrator opposed further delay. The board granted the continuance without additional notice.
Key Outcomes
- 2018 UV2024 (507-509 North Bradley & 3836 East Michigan Street): Continued to December 18, 2018, without additional notice. (Unanimous)
- 2018 DV2028 (2019-2029 North College Avenue): Moved to the expedited docket. (Unanimous)
- 2018 DV2043 (1329 Marlowe Avenue): Moved to the expedited docket due to amended petition. (Unanimous)
- 2018 DV2047 (2305 Nolan Avenue): Continued to January 8, 2019, with additional notice. (Unanimous)
- 2018 DV20242 (401 Parkway Avenue): Variance approved (5-0).
- 2018 DV2046 (627 Lincoln Street): Variance approved (5-0).
- 2018 DV2028 (2019-2029 North College Avenue): Variance approved (5-0).
- 2018 DV2043 (1329 Marlowe Avenue): Variance approved, but continued for adoption of findings of fact (5-0).
- 2018 DV1050 (701 Parkway Avenue): Variance approved (5-0).
- 2018 DV2026B (3155 Bonham Drive): Continued to January 8, 2019, without additional notice; staff to recommend dismissal if no new information provided. (Unanimous)
- 2018 DV2034 (1102 & 1108 Fletcher Avenue): Variance approved with seven commitments, including amended trash pickup to 75 feet, and additional commitments to contact property owners for no-parking signs and barriers. (5-0)
- 2018 DV2044 (1221 North Bevel Avenue): Variance approved (5-0).
- Additional Business: Negative findings of fact adopted for petition 2018 UV2017.
Meeting Transcript
Thank you. Hello, this is a public hearing of the Metropolitan Board of Zoning Appeals, Division II. I am Mark Young, Chairperson of Division Two. The other board members present are Alicia Reuter to my left, Mary Kelly, and James Duke to my right. Legal counsel for the board today is Chris Steinz. Recording these proceeds to proceedings today is Ron Hampton. Staff members present today from the Division of Planning are Heather Steffen, Senior Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2, Robert Eulenhake, Senior Planner, and Paige Story, Senior Planner. Keith Holdsworth is the current planning administrator. The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today. Those who intend to testify will please remain standing and be sworn. Those who testify will state their name and address for the record before beginning to testify. Petitioners and persons appearing in support of a 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. No further evidence, statements or arguments will be heard unless it's less at the is it at the discretion of the board. 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. Compliance with conditions imposed by the board must be approved 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 condition or commitment of a variance grant is a violation enforcement by the Department of Business and Neighborhood Services. A person may file a written request to receive a 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 as a reference to the board's petition for 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 before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedures? If not, we will consider special requests and continuances at this time. Property located 507509 North Bradley and 3836 East Michigan Street, representing Black Star Investment LLC. I apologize to staff. I did not alert them that uh we are uh been requested by NESCO to appear before them and explain this petition this Thursday, the 13th. And so we would request a uh continuance and transfer of one week to your um December 18th hearing, and that will allow us to appear before the uh local neighborhood organization. And that would be without additional notice 18th or 17th. December 18th, Tuesday. 2018 calendar. Oh, is that what this is? Oh, I'm sorry. That'll do it. That helps. Thank you. Okay, do key. Is there anyone in the audience that has any interest in 2018 UV 2024 507-509 North Bradley and 3836 East Michigan Street? Staff. Thank you, Chair Person Young, members of the board. Staff has no objection to continuing this petition and transferring it to the December 18th. 2018 Board 3 hearing without additional notice. Thank you. Um I'll entertain a motion to transfer 2018 UV two zero two four to the December 18th hearing of the BZA Appeals Appeals Division 3. Uh, and that's without additional notice. So moved. Second.
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