Metropolitan Board of Zoning Appeals Division II Meeting – February 12, 2019

The Metropolitan Board of Zoning Appeals Division II held a public hearing on February 12, 2019, at 1:00 p.m. in the Public Assembly Room of the City-County Building. The board considered seven petitions: two continuances, two expedited petitions, and three new petitions involving variances of use and development standards. Key actions included approvals for a trucking company, a car dealership addition without sidewalks, and a contractor’s office, while a petition to park commercial vehicles in a residential zone was denied.

Continuances

• 2018-UV2-025 (2940 Cold Spring Road): Marian University requested a temporary gravel parking lot. The board granted a continuance to the April 9, 2019 hearing date with additional notice, at the petitioner’s request to meet with the property owner.
• 2019-UV2-001 (1151 West Thompson Road): David Allison sought a variance of use for heavy vehicle sales, rental, and repair. The board granted a first continuance to the March 12, 2019 hearing without additional notice, to allow the petitioner to meet with neighbors.

Public Comments & Testimony

• Terry Porter (230 Allison Court, representing Shelton Heights Neighborhood Association) opposed petition 2018-UV2-027 (4035 Rockville Avenue), stating that more than three commercial vehicles were present, along with trailers and wood piles, and that the neighborhood had worked to clean up the area. He acknowledged the petitioner was a good neighbor but noted the business activity had increased.
• Gregory Arthur (1318 Cliffridge Lane) briefly addressed the board regarding the continuance of 2019-UV2-001, expressing no objection to the continuance.

Discussion Items

• 2018-DV2-041 (755 Terrace Avenue) – Corrected Petition: Benchmark Design Homes LLC requested a variance for an 8-foot front setback, 7.5-foot side setback, and 49% open space (required: 18-foot front, 10 feet between dwellings, 60% open space). The petition was previously approved but remanded due to a staff calculation error. The board approved the waiver of the four-day notice and then approved the variance 5-0.
• 2018-DV2-050 (1509 South Post Road): James and Jeanne Hulett sought a variance to operate a trucking company with zero-foot side setback and zero feet of frontage. Staff revised their recommendation to approve after a site plan amendment increased setbacks to 30 feet. The board approved the variance 5-0, subject to the amended site plan (filed January 24, 2019), four commitments from the Warren Township Development Association, and a landscaping plan to be approved by staff.
• 2019-DV2-001 (1605 Fletcher Avenue) – Amended Petition: KDK Group LLC requested a variance for a single-family dwelling and detached garage with a 10.5-foot front setback and 5/7-foot separations (required: 18-foot front, 10 feet apart). Staff noted a typo in the case number but recommended approval. The board approved the variance 5-0.
• 2018-DV2-048 (4405 and 4505 West 96th Street): Falcon Realty LLC requested a variance to build a 14,629-square-foot addition to an auto dealership without installing sidewalks, citing safety concerns and lack of pedestrian activity on the heavily industrial corridor. Petitioner Fernando Falcon and attorney Andy Baroker argued the area is not pedestrian-friendly and that sidewalks would be impractical and dangerous. Staff recommended denial, stating the site has no extreme difficulty for sidewalk installation and that sidewalks would provide safe pedestrian access for workers and future commercial uses. The board voted 5-0 to approve the variance after questioning staff about the payment-in-lieu amount ($63/linear foot, totaling ~$45,000) and noting the unique location.
• 2018-UV2-027 (4035 Rockville Avenue): Maribel Ramon and Miguel Sanchez requested a variance to park three commercial vehicles in a residential zone. The petitioner, speaking through a translator, explained he has a small tree service business and cannot afford other parking due to theft. A remonstrator (Terry Porter) opposed, citing more vehicles and equipment visible. Staff explained that commercial vehicles over 10,000 lbs. GVWR are not permitted in residential districts. The board denied the variance 0-5 and continued the case for adoption of findings of fact.
• 2019-UV2-002 (640 North Tibbs Avenue): CC Assets LLC requested a variance of use to operate a general contractor’s office in an existing non-residential building, plus a freestanding sign. Petitioner Joseph Calderon presented a detailed plan of operation, letters of support from the Near West Collaborative and neighbors, and argued the property was historically used as a commercial building and that the city’s online comprehensive plan showed light industrial. Staff recommended denial, citing concerns about expansion of commercial use in a transitional area. The board approved the variance 5-0 after the petitioner agreed to add a commitment for a six-foot privacy fence along the west and south property lines, subject to staff approval of a fencing plan.

Key Outcomes

• Approved: 5 petitions (2018-DV2-041, 2018-DV2-050, 2019-DV2-001, 2018-DV2-048, 2019-UV2-002) – all by unanimous votes (5-0).
• Denied: 1 petition (2018-UV2-027) unanimously (0-5), with continued adoption of findings of fact.
• Continued: 2 petitions (2018-UV2-025 to April 9, 2019 with additional notice; 2019-UV2-001 to March 12, 2019 without additional notice).
• Commitments Added: For 2018-DV2-050, the variance is subject to the amended site plan and four commitments (including landscaping); for 2019-UV2-002, a six-foot privacy fence commitment was added.