Metropolitan Board of Zoning Appeals Division II Public Hearing - February 8, 2022
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Metropolitan Board of Zoning Appeals Division II Public Hearing - February 8, 2022
The Metropolitan Board of Zoning Appeals Division II met on February 8, 2022, at 6:00 PM (ET) for a public hearing. Chair Craig E. Vondale presided, with members James Duke, Patrice Ducket Brown, Beth Brandon, and Kirk Farmer present. Legal Counsel Chris Steinmetz and staff from the Division of Planning also attended. The board considered continuances, expedited petitions, and several variance requests, including a controversial convenience store use and a duplex accessibility variance. Officers were elected for the year.
Consent Calendar
- The board voted unanimously to waive rules of procedure for expedited petitions, allowing a single vote on multiple cases.
Continuances and Withdrawals
- 2022 DV2004 (5345 West 81st Street): Continued to March 8, 2022, without additional notice, per petitioner request. Staff had no objection.
- 2021 DV2038 (1042 Woodlawn Avenue): Continued to April 12, 2022, without additional notice. Staff noted they would not support further continuances given the protracted nature.
- 2021 UV2019 amended (560 East 62nd Street): Withdrawn by petitioner, acknowledged by board.
- 8620 Green Brays South Drive: Withdrawn by petitioner, acknowledged.
Expedited Petitions
Staff read five cases into the record. One petition (2021 UV2023, 2307 Dr. Martin Luther King Jr. Street) had no petitioner present; it was tabled and later transferred. The remaining four were approved on a single roll-call vote:
- 2022 DV2001 (1012 Lexington Avenue)
- 2022 DV2003 (1869 New Street)
- 2021 UV2024 amended (address not specified in transcript for this group)
- 2022 UV2001 (6248 Allisonville Road) All received 5 yes votes and were approved.
Discussion Items
2021 UV2022 – Convenience Market at 510 East Southport Road
- Petitioner's Case: David Kingan and Sameira Patel requested a variance of use to operate a convenience market (mini mart) in a C1 zone. They argued it would be a low-intensity, neighborhood-serving use, with 30 letters of support from nearby residents and a letter from City-County Councillor Paul Nay. The building was previously a lawnmower repair shop. They submitted commitments to limit operations.
- Staff Recommendation: Denial. Staff cited the comprehensive plan recommending office commercial (C1) as a transitional use between commercial and residential. A convenience store would generate traffic and pedestrian safety issues. The lot lacked sidewalks. Staff noted the existing C1 zoning was appropriate.
- Board Discussion: Member Ducket Brown asked about documentation of support; letters were provided. Member Farmer noted the prior lawnmower repair was a more intense use. Chair Vondale asked whether granting the variance would rezone the property; staff clarified it would retain C1 but add a C3 use. Member Ducket Brown raised the issue of food deserts; staff countered a grocery store was nearby. The petitioner offered a 45-foot right-of-way dedication along Southport Road, accepted by the board.
- Vote: 3 yes (Duke, Brandon, Vondale) vs 2 no (Ducket Brown, Farmer). Petition approved subject to commitments.
2022 DV2002 – Duplex at 1530 South State Avenue
- Petitioner's Case: Jacob Bauer Burr sought variances for setbacks and minimum main floor area (441 sq ft vs required 660 sq ft) to build a duplex with one fully accessible (ADA) unit and a smaller, three-story unit on a 7,900 sq ft lot. The design aimed to increase accessible housing and density while preserving green space and fitting neighborhood character. The Fountain Square Alliance did not object.
- Staff Recommendation: Split. Approval for setbacks (to allow frontage on State Avenue instead of Cottage Avenue), denial for the floor area variance, citing no practical difficulty to meet the 660 sq ft minimum.
- Board Discussion: Member Duke asked about ADA compliance and parking; petitioner stated a personal mission but no legal dedication yet. Member Ducket Brown argued the accessible housing rationale was creative and effective, noting staff did not consider it. Mr. O'Neill mentioned new walkable neighborhood district standards. The board split the vote into two parts.
- Vote on Setbacks (Part A): Unanimous approval (5-0).
- Vote on Floor Area Variance (Part B): Approved 4-1 (Farmer dissenting).
Transfer of 2021 UV2023 (2307 Dr. Martin Luther King Jr. Street)
- Petitioner Sanford Garner was absent; he requested transfer to Division III's February 15, 2022 hearing due to potential conflict with board member Mark Young. Staff had no objection. Motion passed unanimously.
Key Outcomes
- 2021 UV2022 Approved: Convenience market at 510 East Southport Road allowed, subject to commitments including a 45-foot right-of-way dedication.
- 2022 DV2002 Approved: Duplex at 1530 South State Avenue granted setback and floor area variances, enabling an ADA-accessible unit.
- Expedited Petitions: Four cases approved on consent.
- Officers Elected:
- Chair: Craig E. Vondale (elected unanimously, he abstained)
- Vice Chair: James Duke (elected)
- Secretary: Patrice Ducket Brown (elected)
- Adjournment: Meeting concluded after findings of fact were noted.
Meeting Transcript
It might be Madam Secretary, may I start read? Thank you. Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division II. I'm Craig E. Vondale, an acting chairperson of Division Two. The other board members present are James Duke, Patrice Ducket Brown, Beth Brandon, and Kirk Farmer. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie Onea, Principal Planner 2, Keith Holdsworth, Senior Planner, Robert Eulenh, Senior Planner, Marlene Arejeda, Senior Planner, Genesis Hill, Associate Planner, Heather Stevens, Senior Specialist and Secretary to the Board. Matt Pleasant is current planning administrator. The board has copies of the zoning ordinance 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. 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. Statements and arguments in support of the petition. Staff will then present the administrators' comments regarding the petition. 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 met in order for the board to grant a variance. Anyone at this hearing who thinks complete and proper notice has not been given and would like petition 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 a certain petitions. The installation of landscaping and screening, the parking of pay the paving of a parking area, and the dedication of rights of way are examples. These conditions and comments 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 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 conditions or commitments of a variance granted is a violation enforceable by the Department of 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 the correct mailing address and a reference to the board's petition number. Forms are available and may be attained 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. All voting today will be done by roll call. I will 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 all cell phone ringers are turned off. Before we hear special requests, I'll ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact in a single vote, rather than voting on each petition separately. Do I hear a motion to do so? Duke so move. Thank you. And do I hear a second? Farmer second. Thank you. Second came from member farmer. I will now ask for the vote. Duke. Duke, yes. Ducett Brown. Yes. Brandon. Yes. Farmer. Farmer, yes. Thank you.
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