Metropolitan Board of Zoning Appeals Division 2 Meeting - January 8, 2019
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Metropolitan Board of Zoning Appeals Division 2 Meeting - January 8, 2019
The Metropolitan Board of Zoning Appeals Division 2 (BZA2) met on January 8, 2019, to consider several variance petitions, continuances, and elect officers. Chairperson Mark Young presided, with board members Alicia Ruder, Margaret Banning, Mary Kelly, and James Duke present. Staff from the Division of Planning presented recommendations. The board heard testimony from petitioners and one member of the public.
Consent Calendar
- Continuances and Procedural Motions:
- Petition 2018 UV 2025 (2940 Cold Spring Road) was continued to February 12, 2019, without additional notice, with staff support.
- Petition 2018 UV 2026 (2508 West Michigan Street) was moved to the expedited docket, with staff no objection.
- Petition 2018 DV 2050 (1509 South Post Road) was continued to February 12, 2019, without additional notice, with staff support.
- Petition 2018 DV 2048 (4405-4505 West 96th Street) automatic continuance to February 12, 2019, was acknowledged.
Public Comments & Testimony
- Lori Klinger (2326 Noland Avenue) testified in opposition to Petition 2018 DV 2047 (2305 Noland Avenue) regarding garage access from Nolan Avenue. She stated that parking on the block is already an issue and that the curb cut would remove on-street parking. She disputed the petitioner’s claim of neighborhood support, noting most signatories were not on her block.
Discussion Items
- Petition 2018 DV 2051 (1521 Kennington Street): Petitioner Austin Aynes requested a variance for a single-family dwelling with an attached garage and 55% open space (60% required). Staff recommended approval with an amended site plan commitment after neighborhood feedback. The board approved unanimously (5-0).
- Petition 2018 DV 2052 (1230 South Talbot Street): Petitioner Austin Aynes requested a variance for a rear addition and legalizing existing setbacks for a single-family dwelling and detached garage. Staff had no additional comments. The board approved unanimously (5-0).
- Petition 2018 UV 2026 (2508 West Michigan Street): Brian Fonseca, producing director of Fonseca Theater Company, requested a variance for a theater use with deficient parking. He described the theater as a professional company focusing on stories of people of color, LGBTQ, and disabled communities, with plans for community programming and economic development. Patricia Castaneda, board president, supported the project, emphasizing its potential to bring arts and economic growth to the near west side. Staff recommended approval subject to a parking agreement. The board approved unanimously (5-0).
- Petition 2018 DV 2026B (3155 Bonham Drive): Petitioner Antonio Lisenby sought a variance for a detached garage with a three-foot rear setback (five-foot required) and two-foot encroachment into a utility easement. The garage had been built without permits. IPL provided an email stating the garage was clear of safety codes, but a fence needed modification. Staff recommended denial, arguing no practical difficulty existed. The board approved 4-1 (Margaret Banning opposed), subject to obtaining an encroachment permit from DBNS.
- Petition 2018 DV 2047 (2305 Noland Avenue): The board considered two requests: separation reduction (Part A) and garage access from Nolan Avenue (Part B). Petitioner AJ Robertson argued that unusual grade and desire for green space justified a front curb cut, citing neighborhood support. Lori Klinger remonstrated, citing parking concerns. Staff split recommendation: approve Part A, deny Part B. The board approved Part A (building separation) 5-0 and denied Part B (curb cut) 0-5.
- Petition 2018 DV 2049 (2649 South Pennsylvania Street): Petitioner Justin King requested a variance for an 8,000-square-foot addition to a fabrication building and parking setbacks. He withdrew the parking setback request. Staff recommended approval with commitment for administrative approval. The board approved unanimously (5-0).
- Petition 2018 UV 2027 (4035 Rockville Avenue): Petitioner Miguel Sanchez requested a variance to park three commercial vehicles. Due to language comprehension concerns, the board offered a continuance. A remonstrator representing the neighborhood agreed to wait. The board continued the petition to February 12, 2019, without additional notice, and staff committed to sending a multilingual notice to the petitioner.
Key Outcomes
- Approvals (all unanimous except where noted):
- 2018 DV 2051: Approved 5-0, subject to amended site plan.
- 2018 DV 2052: Approved 5-0.
- 2018 UV 2026: Approved 5-0, subject to parking agreement.
- 2018 DV 2026B: Approved 4-1 (Banning no), subject to encroachment permit.
- 2018 DV 2047 Part A: Approved 5-0.
- 2018 DV 2047 Part B: Denied 0-5.
- 2018 DV 2049: Approved 5-0.
- Continuances:
- 2018 UV 2025, 2018 DV 2050, 2018 UV 2027 continued to February 12, 2019.
- 2018 DV 2048 automatic continuance acknowledged.
- Election of Officers:
- Mark Young re-elected as Chair.
- Alicia Ruder re-elected as Vice Chair.
- Mary Kelly re-elected as Secretary.
Meeting Transcript
Yeah, that's the window. Oh, yeah. So this is works, huh? Some bodies and the city. And we elected. Yes. Call to order. This is a public meeting of the Metropolitan Board of Zoning Appeals, Division 2. I am Mark Young, Chairperson of Division Two. It says one on here. The other board members present are Alicia Ruder and Margaret Banning to my left, and Mary Kelly and James Duke to my right. Legal counsel for the board today is Chris Steinmetz. Recording these procedures is Ryan Hampton. Staff members present today from the division of planning are Heather Stephens, Senior Board Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2. Robert Ullenha, senior planner, Paige Story, senior planner. Keith Holesworth is the current planning administrator. The board has copies of the zoning ordinances that will be incorporated by reference into the record for each case heard today. Staff will then present the administrators' comments regarding the petition. Remonsters will then be allowed five minutes for rebuttal of the petitioners' rebuttals, 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 for the matters covered in the statutory requirements, which must be met for the board to grant a variance. If petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedures, including posting of notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks completing proper notice is not being 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 a parking area, and the dedication of rights of way 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 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 of these conditions or commitments of a variance grant is a violation enforceable by the Department of Neighborhood and Development 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 as 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 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 requested continuances at this time. With respect to petition number 2018, UV 2025, which is the fourth item on the new petitions uh docket. Um we are attempting to compile additional information and meet with staff to address some of their concerns and need a little bit more time to do that. Therefore, we request a continuance to your February uh public hearing without uh notice thank you. Uh is there any audience that has any interest in 2018 UV two zero two five uh twenty-nine forty Cold Spring Road? Staffordshire Thank you, Chairperson Young, members of the board. Staff has no objections to this being continued to the February 12th hearing without notice. Thank you. I will entertain a motion to continue 2018 UV 2025, 2940 Cold Spring Road to the February 12th hearing date, and that's without additional notice. So moved. Second. All in favor? Aye. Thank you.
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