Metropolitan Board of Zoning Appeals Division II Public Hearing - March 8, 2022

The Metropolitan Board of Zoning Appeals Division II held a public hearing on March 8, 2022, at 6:00 PM. The meeting was chaired by Craig E. Von Dalen, with members James Duke, Patrice Duckett Brown, Beth Brandon, and Kirk Farmer present. Legal counsel was Chris Steinmetz, and staff from the Division of Planning attended. The agenda included continuances, withdrawals, expedited petitions, and a public hearing on a variance request for a proposed 14-unit apartment building on Elm Street.

Consent Calendar

• The board approved a waiver of rules to vote on all expedited petitions in a single vote, allowing approval of findings of fact collectively. The motion passed unanimously (5-0).
• Five expedited petitions were read and approved via a single roll-call vote (5-0):
  • 2022 DV2-007: 3001 West 60th Street – variance for a single-family dwelling on a 2.78-acre parcel (minimum 3 acres required, 20 ft frontage, 40 ft lot width).
  • 2022 UV2-003: 2802 Central Avenue – variance of use for a dog grooming business.
  • 2022 DV2-006: 2216 and 2228 North College Avenue – variance for a three-story mixed-use building with direct vehicular access to College Avenue.

Public Comments & Testimony

• Jill Steinhauer (co-owner of 1027 Elm Street): Expressed opposition to the proposed 14-unit apartment building. She raised concerns about parking congestion on the street, difficulty backing out of the alley (a one-way alley), potential for increased trash and noise from a rooftop party deck, and disappointment that the vacant lots were not maintained. She urged the board to deny exceptions and require the project to comply with all zoning standards.
• Ethan Gilmer (resident of 1045 Elm Street and owner of 1051 Elm Street): Shared similar concerns about parking, noting that street parking is already limited. He asked how many parking spaces were planned and expressed worry about the scale of the building fitting the family-oriented street. He also acknowledged that the empty lots have been a nuisance and that some activity is welcome, but he opposed the proposed density.

Discussion Items

• Petition 2022 UV2-002 – 1035, 1039, 1041, 1043 Elm Street: Hannah Abel (Demerley Architects) presented a request for a variance of use and development standards to allow a three-story, 14-unit medium apartment building (not permitted in the D8 zoning district) with reduced setbacks (1.5 ft rear setback vs. 10 ft required), a floor area ratio (FAR) of 1.29 (max 0.60), and a livability space ratio (LSR) of 0.25 (min 0.66). The petitioner argued that the two additional units (beyond the 12-unit small apartment permitted) provide a buffer for covered parking at the rear, and that the building is close to the Red Line transit. They added a green roof and gym to improve LSR, but staff noted that the green roof is not usable space and cannot be counted. Staff recommended denial, stating the proposal represents overdevelopment; the lot size (10,400 sq ft) does not meet the 12,000 sq ft minimum for a medium apartment, and the variances are self-imposed since a 12-unit small apartment could be built without most variances. The petitioner requested a continuance to refine the plan. The board granted the continuance to the April 12, 2022 meeting (note: the petitioner had requested April 19, 2022, but the board voted for April 12th). The petitioner also withdrew the front setback variance request, as they now meet the required 7.5 ft setback.

Key Outcomes

• Continuances (all passed unanimously, 5-0):
  • 2022 DV2-004 (5345 West 81st Street): Continued to April 19, 2022, and transferred to Board 3 at the petitioner’s request (to allow additional neighborhood meeting). Staff noted this would be the final continuance supported.
  • 2021 DV1-077A (715 South Keystone Avenue): Continued to May 17, 2022, without additional notice.
  • 2022 DV2-005 (1039 Kessler Boulevard East Drive): Continued to April 12, 2022, with new notice (petitioner absent; required for fence height and location issues).
• Withdrawal acknowledged: 2021 DV2-057 (10 South Capitol Avenue) – withdrawn by petitioner.
• Expedited petitions approved: As listed above in the Consent Calendar.
• Elm Street case (2022 UV2-002): Continued to April 12, 2022, with additional notice if needed. The front setback variance was withdrawn. The petitioner is to revise plans and return.
• Findings of fact: The board adopted findings of fact for petitions approved during the meeting, and members signed them.