Metropolitan Board of Zoning Appeals Division Two Meeting - August 10, 2021
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Metropolitan Board of Zoning Appeals Division Two Meeting - August 10, 2021
The Metropolitan Board of Zoning Appeals Division Two, chaired by Mark Young, met on August 10, 2021, at 6:00 PM. The board considered multiple variance petitions and a special exception, with many petitions expedited and approved collectively. Two non-expedited cases were heard in detail: a variance for lot width on Southport Road and a special exception for religious use on Lowry Lane.
Consent Calendar
- The board approved a motion to vote on all expedited petitions together. The expedited docket included:
- 2021-DV2-037: 931 Villa Avenue – variance for 50% open space and zero-foot side setback for a detached garage.
- 2021-DV2-039: 7030 Emblem Drive – variance to replace an existing pole sign with a smaller illuminated sign.
- 2021-DV2-040: 5921 Stafford Road – variance for a 50-foot front setback.
- 2021-DV2-044: 4118 Rookwood Avenue – variance for 57% open space for a detached garage.
- 2021-UV2-014: 5053 East Michigan Street – variance for a detached garage with reduced setbacks in a C-3 zone.
- 2021-DV2-042: 5505 and 5565 Brookville Road – moved to expedited and approved with commitments for industrial parking and loading areas.
- 2021-DV2-045: 1442 Orange Street – amended to 50% open space, moved to expedited, and approved for a detached garage.
- All expedited petitions were approved unanimously (5-0).
Public Comments & Testimony
- 2021-SE2-001 (Lowry Lane): Mark Rodemacher, a Lieber Woods neighborhood representative, spoke in opposition. He cited concerns about increased traffic (estimated 5,800+ additional vehicle trips annually), noise from up to 50 attendees and 14 cars four times weekly, and adverse effects on neighborhood character. He read letters from the Crooked Creek Alert Land Use Committee and District 7 Councilor John Barth, both opposing the petition. No public comments were made in support from outside the petitioner's group.
Discussion Items
- 2020-DV3-049 (7430 East Southport Road): Petitioner David Rutherford sought a variance to divide a nine-acre parcel into three lots for a family compound, with lot width measured at the front wall of each dwelling (instead of at the setback line) and access via an existing shared private driveway. Staff recommended denial, arguing the proposal would create flag lots with inadequate lot width and that the 12-foot driveway was insufficient for two-way traffic and emergency access. Petitioner offered commitments: a recorded shared driveway agreement covering maintenance, signage at the entrance and driveway splits, and 20-foot-wide passing zones at connection points. The board approved the variance 5-0.
- 2021-SE2-001 (1018 and 1030 Lowry Lane): Petitioner David Kingan requested a special exception to allow religious use of a former residence and adjacent lot, with gravel parking (later withdrawn in favor of hard surface). Staff recommended denial, citing the property’s location on a local street without sidewalks, lack of proximity to an arterial or public transit, and inadequate sewer capacity for institutional use. The neighborhood and councilor opposed. The board denied the special exception 0-5 after acknowledging withdrawal of the gravel parking request and adding commitments (no employees, commercial sewer permit).
- Continuances and Transfers:
- 2021-DV2-038 (1042 Woodlawn Avenue) continued to September 14, 2021.
- 2021-DV2-041 (6720 Telecom Drive) continued to September 14, 2021 (automatic by neighborhood organization).
- 2021-DV2-043 (4250 East Southport Road) continued to September 14, 2021 (automatic).
- 2021-DV2-025 (8008 Fishback Road) continued to September 14, 2021 for clarification.
- 2021-DV2-048 (1445 West 86th Street) transferred to BZA3 for August 17, 2021.
Key Outcomes
- Expedited petitions: Approved unanimously (5-0) with no opposition.
- 2020-DV3-049: Approved (5-0) subject to commitments for shared driveway, signage, and passing zones.
- 2021-SE2-001: Denied (0-5); the board adopted findings of fact in support of denial.
- Continuances and transfers: All acknowledged and granted as requested.
Meeting Transcript
Well, is this one off of the road here? No. Okay. So everybody's for one and all the other one. You all need some penance? Yeah, that's a good thing. Yeah, I'm not going to be on the computer. I talked to my email though. Do we have another one? He wants to go full. So yeah, we'll we'll just go forward. Yeah, yeah. Thank you. Yeah, four. Thirty years of history. No doubt. I say that with too many people these days. Like, we have a small cell person. Oh, sorry. I'm good. I don't do what I'm going to do. Because if I don't want to put on the watch as well, whatever it's going to do. Right. She works at the house. So she's very sensitive. Very nervous. Okay. Yeah. That's that's right. That's right. That's the rest of the back of the back. So we may have sure everybody's on the acting. Obviously, not all that's more careful than what I was a few weeks ago. No, I just don't think it's two things. We are fortunate online the waiting time is we have Kristen for folks that they're just yes. Is you looking for more two drawing strong twenty-four hours or not change up when I was fine with the sense that it was different? Yeah. I have some friends that you have to change. It's just twenty-four hours if you're like correct. I didn't check it out. So they should have a slight record. So that's all my list I thought. Yeah. Yes. Okay. He is early, isn't he? I'm sorry. Good afternoon, call to order. This is a public meeting of the Metropolitan Board of Zone Appeals, Division Two. I am Mark Young, Chairperson of Division Two.
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