Metropolitan Board of Zoning Appeals Division 2 Hearing - May 11, 2021
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Metropolitan Board of Zoning Appeals Division 2 Hearing - May 11, 2021
The Metropolitan Board of Zoning Appeals Division 2 held a public hearing on May 11, 2021, at 6:00 PM. The board heard several special requests, expedited petitions, and two full hearings. Key actions included granting continuances, approving expedited variances, and debating commitments for a use variance. All votes were taken by roll call.
Consent Calendar
- The board unanimously approved a waiver of rules to vote on all expedited petitions in a single vote.
- Expedited Petitions Approved Unanimously:
- 2021-SE-2002 (7601 East 88th Place): Special exception for religious uses (Onward Ministries).
- 2021-DV-2020 (2633 North College Avenue): Amended variance for a four-vehicle detached garage with 3.29-foot side setback.
- 2021-DV-2021 (823 East 21st Street): Amended variance for a single-family dwelling with a one-foot front setback, five-foot rear setback, and 48% open space.
- 2021-DV-2022 (2053 Sycamore Lane): Variance for a detached garage with a five-foot side setback.
- PAH Partners LLC (not numbered?): Variance for five three-story multifamily buildings with 168 units and other uses.
- 2021-DV-2019 (5510 Millersville Road): Variance for a temporary modular building with a three-foot transitional setback.
- 2021-DV-2014 (2032 West 64th Street): Amended variance for a single-family dwelling with 10-foot and 14-foot side setbacks, 81% open space, and 25-foot rear setback.
Public Comments & Testimony
- Roderick Lane (958 East 30th Street) expressed uncertainty about plans for the property at issue in 2021-UV-2008, requesting more information. The board suggested he contact the petitioner's representative.
- Pat Andrews (representing Decatur Township Civic Council) spoke in opposition to a use variance, detailing the council's vote (2 support, 3 not oppose, 8 oppose) and requesting specific commitments to protect the neighborhood.
Discussion Items
- 2021-UV-2005 (3827 West Troy Avenue) – Contractor's Office Variance: Petitioner Jeremy Eglin (counsel for 4 BM LLC) requested a use variance for a contractor's office. He described the property's history as a welding shop and the business's low-intensity operations. Remonstrator Pat Andrews requested commitments: limiting the use to the petitioner or similar business, parking vehicles inside, and a site plan for landscaping, paving, and dumpster enclosure. Staff recommended approval with conditions, including landscaping along Troy Avenue. After debate, the petitioner agreed to commitments: dumpster screening, landscaping per ordinance, paving the parking lot, and substantial compliance with the plan of operation, subject to administrator review. The board voted unanimously to approve with these commitments.
- 2021-DV-2018 (4102 East 42nd Street) – Fence Variance: Petitioner Melissa Hawk requested a six-foot privacy fence in the front yard. Staff recommended denial, citing clear sight triangle concerns and the metro context requiring a 42-inch height limit. The board suggested continuing the case to allow negotiation with staff. The petitioner agreed to a continuance.
Key Outcomes
- Approved the motion to move 2021-DV-2005 to the expedited docket.
- Approved the motion to move 2021-DV-2021 to the expedited docket, with amended open space of 48% and a five-foot rear setback.
- Approved the motion to move 2021-DV-2014 to the expedited docket.
- Approved the continuance of 2021-UV-2007 to June 8, 2021, without additional notice unless amended.
- Approved the continuance of 2021-UV-2008 to June 8, 2021, and allowed transfer of fees to a rezone petition.
- Acknowledged the existing continuance of 2020-DV-3049 to June 8, 2021.
- Approved the continuance of 2021-UV-2010 to June 8, 2021, without additional notice.
- Approved the continuance of 2021-DV-2005 to June 8, 2021, without additional notice.
- Approved the expedited docket unanimously.
- Approved 2021-UV-2005 with commitments (dumpster screening, landscaping, paving, substantial compliance with plan of operation). Vote was unanimous.
- Continued 2021-DV-2018 to June 8, 2021, to allow negotiation with staff.
- Adopted findings of fact for previously denied petitions 2021-DV-2015 and 2021-DV-2017.
- Adjourned the meeting.
Meeting Transcript
This is the Metropolitan Board of Zoning Appeals Division 2, May 11, 2021. We can call the meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2. I am Mark Young, Chairperson of Division Two. The other board or other board members present are Alicia Reuter, to my left, Mary Kelly to my right, James Duke, to my right in front, and Peter Nelson to my left in front. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Larry Callaway, Principal Planner 2. Jeffrey York, Senior Planner, Robert Ulham Hake, Senior Planner, Marlena Arretha, Senior Planner, Genesis Hill, Associate Planner, and Heather Steffen, Senior Specialist and Secretary to the Board. Matt Pleasant 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. 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 continued 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 and 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, statement and arguments in opposition to the petition. Staff will then present the administrator's comments regarding the petition. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal or 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. Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be meant in order 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 the notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition. Compliance with conditions imposed by the board must be must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specifies specified an improvement location permit must be obtained prior to the establishment of authorized improvements. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding a matter of opinion before the board outside of this public hearing process is prohibited. All voting today will be done by roll call. I will individually individually read each board member's name and ask them to vote yes or no. Please be courteous and orderly at all times and please be sure cell phone rings are turned off. Before we hear special requests, I will ask for a waiver of our rules of procedures to allow the board to vote on all expedited petitions and adopt their findings of fact in a single vote rather than by voting on each petition separately. Do I have a motion? Duke's moved. Motion by James there's second. Writer second. Thank you. I'm not asked for a vote. Reuter. Right or yes. Kelly. Yes. Duke. Duke. Yes. Nelson. Nelson. Yes. Young votes, yes. Is there anyone in the audience who has any questions about our procedures?
openpublica.com