Metropolitan Board of Zoning Appeals Division II Public Hearing - June 14, 2022
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Metropolitan Board of Zoning Appeals Division II Public Hearing - June 14, 2022
The Metropolitan Board of Zoning Appeals Division II met on June 14, 2022 at 6:00 PM to hear requests for variances of use and development standards. The board consisted of Chairperson Craig E. Von Dalen, Beth Brandon, and Kirk Farmer. Legal counsel was Chris Steinmetz. Staff from the Division of Planning included Eddie Onea, Jeff York, Robert Eulenhake, Marlene Arejida, Genesis Hill, Heather Stevens, and Matt Pleasant. The meeting began with procedural announcements, a waiver of rules for expedited petitions, and then addressed special requests for withdrawals and continuances before moving to the expedited docket and one regular docket case.
Special Requests (Continuances & Withdrawals)
- Withdrawal of Petition 2022 UV2-014 (6333-6345 West Thompson Road): Petitioner Bill Meyer requested withdrawal because the use variance was no longer needed; instead, the petitioner plans to modify existing commitments. Staff supported a partial transfer of the filing fee ($1,108 of the original $2,084) to the new petition. The board approved the withdrawal and fee transfer unanimously.
- Continuance of Petition 2022 DV2-022 (1342 East Street): Petitioner requested a continuance to July 12, 2022 without additional notice because the architect needed time to prepare revised drawings. Staff had no objection. The board granted the continuance unanimously.
- Automatic Continuances: The board acknowledged timely automatic continuances for petitions 2022 UV2-009 (1251 West 96th Street), 2022 UV2-010 (2400 Roosevelt Avenue), 2022 UV2-011 (1355 West 96th Street), 2022 DV2-020 (1603 Hoyt Avenue), 2022 UV2-013 (611 West Hana Avenue), 2022 UV2-007 (1259 West 29th Street), and 2022 UV2-016 (2505 North Sherman Drive), all continued to July 12, 2022.
Expedited Docket
Three expedited petitions were considered together after a waiver of rules: 2022 DV2-018 (1805-1817 Sugar Grove Avenue), 2022 DV2-021 (1720-1744 North Illinois Street / 1715 Hall Place), and 2022 UV2-015 (3725 Kentucky Avenue). There was no opposition; one person appeared for UV2-015 only seeking information. All three were approved. Petition UV2-015 was continued for submission of revised findings of fact in support of the board's decision.
Discussion Item: Petition 2022 DV2-019 – 914 St. Peter's Street
Petitioner: Mark Crouch of Farfalina Properties, LLC. Requested a variance of development standards to allow a duplex on a 40-foot wide, 5,000 square foot lot (60-foot lot width and 7,200 square feet required) with a 7-foot front setback (10 feet required) and 50% open space (60% required), and a single-family dwelling with a 7-foot front setback. The original duplex on the lot was destroyed by a windstorm, and insurance required reconstruction. The petitioner also planned to split the lot and build a single-family home on the second lot.
Staff Position: Robert Eulenhake presented staff's recommendation for denial. Staff argued that no variances were needed if the duplex were rebuilt as originally constructed on the combined parcel. The requested variances were self-imposed because the petitioner chose to split the lot and alter the duplex location. Staff noted that both lots could be developed without variances (e.g., two single-family homes with accessory dwellings, or a legally non-conforming rebuild).
Board Discussion & Amendments: Board members questioned the petitioner. The petitioner agreed to withdraw the request for a 7-foot front setback (committed to 10 feet) and revised the open space commitment to 55% (from 50%). Staff maintained that even with these amendments, they could not support approval because the difficulties were self-imposed and alternative compliant development existed.
Vote: The board voted 3-0 to approve the variance as amended (Farmer, Von Dalen, Brandon all voted yes). The board found that the hardship (insurance requirement and need to restore the duplex) justified the variance, and the amendments improved the proposal.
Key Outcomes
- Granted: Petition 2022 DV2-019 approved with amendments: 10-foot front setback (withdrew 7-foot request) and 55% open space commitment.
- Granted: All three expedited petitions approved. UV2-015 continued for revised findings.
- Granted: Withdrawal of UV2-014 with partial fee credit.
- Granted: Continuances for DV2-022 and automatic continuances for multiple other petitions.
Meeting Transcript
All right, ready to go. It's called order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division II. I am Craig E. Von Dalen, Chairperson of Division Two. The other board members present are 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, Jeff York, Senior Planner, Robert Eulenhake, Senior Planner, Marlene Arejida, Senior Planner. Genesis Hill, Associate Planner, Heather Stevens, 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 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 petitioners should be on your left and remonstrators on your right as you face the board. Those who testify will state their name and addresses 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. Statements and arguments in support of the petition. Remonstrators and persons appearing on opposition to the petition shall have a maximum of 15 minutes for the presentation of evidence, statements and arguments in opposition to the petition. Staff will then present the administrators' 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 of the petitioner's rebuttal evidence, any 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 met in order for the board to grant a variance. If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice signed on subject property at least 23 days prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued for or 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 comments or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening. The paving of a parking area and the dedication of rights of ways are examples. 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. Excuse me, sir. Uh will you wait until I'm done reading? Thank you. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of the public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Please note that there are only three members present today. Your request will need three votes to take action on a request. If an indecisive vote occurs, your petition will be automatically continued to the next hearing of the board. We will take this into consideration when hearing special request. Is there anyone in the audience who has any questions about our procedures? If not, before we hear special requests, I will 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 without any additional testimony from the additional the individual petitioners. May I hear a motion to do so? Brandon, so moved. Thank you. And do I hear a second? Farmer second. Thank you.
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