Metropolitan Board of Zoning Appeals Division 2 Public Hearing - January 10, 2023
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Metropolitan Board of Zoning Appeals Division 2 Public Hearing - January 10, 2023
This public hearing of the Metropolitan Board of Zoning Appeals, Division 2, was called to order at 6:00 PM on January 10, 2023, under Acting Chairperson Craig E. Von Dalen. Board members present included James Duke, Beth Brandon, and new member Tom Barnes. The board heard special requests for continuances, an expedited petition, and two contested variance petitions. The meeting concluded with a discussion about electing officers, which was deferred to the next meeting.
Consent Calendar
- 2022 DV2-046 (14 East Caven Street) – Expedited Variance: Petitioner Mark Crouch requested a variance for a multi-unit house on a substandard lot, with support from the Old Southside Neighborhood Association and staff. The board voted 4-0 to approve.
- 2022 AP2-02 (977 Roche Street): Withdrawal acknowledged by the board.
- 2022 UV2-030 (2307 Dr. Martin Luther King Jr. Street): Continued to February 14, 2023, without additional notice, per petitioner's request.
- 2022 UV3-022 (830 River Avenue): Continued to March 14, 2023, without additional notice, to allow staff further review.
- 2022 DV2-047 (2304/2302 West 60th Street): Continued to February 14, 2023, without additional notice, for additional information.
- 2022 DV2-048 (3815 River Crossing Parkway): Automatic continuance acknowledged to February 14, 2023.
- 2022 UV2-029 (1645 East Minnesota Street): Continued to February 14, 2023, with additional notice due to mailing discrepancies.
Public Comments & Testimony
- 2022 UV2-024 (3916 East Minnesota Street): Petitioner Angel Mendoza, represented by David Kingan, and supporter Michael Shin testified in favor. Mendoza stated his business involves landscaping and hardscape, that he parks vehicles overnight only, and that he has letters of support from five closest neighbors. Shin highlighted Mendoza's community contributions, including projects for the city animal shelter. No opposition speakers appeared.
- 2022 UV2-028 (1634 Southeast Street): Petitioner Marcus Crouch spoke in favor, arguing the proposed bar would be an asset to the Bates Hendricks neighborhood and that the two protected districts within 100 feet had submitted letters of support. Randy Raber, owner of Bates Ice Cream Shop, also testified in support, stating more businesses are needed on the corridor. No opposition speakers appeared.
Discussion Items
- 2022 UV2-024 (3916 East Minnesota Street) – Variance of Use for Commercial Vehicle Storage: The petitioner sought approval to store commercial vehicles and equipment on a residential lot. Staff recommended denial, citing the D3 district's residential purpose, lack of buffering, gravel surface issues, and concerns about expansion of commercial use. During testimony, the petitioner amended the request to three commercial vehicles (including a trailer) and two pieces of heavy equipment. The board voted 4-0 to approve the amended variance, noting no letters of remonstrance were filed.
- 2022 UV2-028 (1634 Southeast Street) – Variance of Use for Bar within 75 feet of Protected Districts: The petitioner requested a variance to operate a bar 22 feet and 75 feet from protected residential districts (100 feet required). Staff recommended denial, citing insufficient parking, no formal parking plan, and that the site could be used for other C3 uses without a variance. The board voted 1-3 to deny the petition (Brandon yes; Barnes, Von Dalen, Duke no). The matter will be continued for adoption of findings of fact.
Key Outcomes
- Vote on 2022 DV2-046: Approved (4-0).
- Vote on 2022 UV2-024: Approved (4-0) with amendment to limit to three commercial vehicles and two pieces of heavy equipment.
- Vote on 2022 UV2-028: Denied (1-3).
- Election of Officers: Deferred to the next meeting due to absence of the full board.
- Future Meeting Dates: The board acknowledged that Chairperson Von Dalen may be absent in March and May; the next regular hearing is scheduled for February 14, 2023.
Meeting Transcript
This is a call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2. I'm Craig E. Von Dalen. Acting question mark, Chairperson? No. I will have to determine that at the end of the meeting. The other board members present are James Duke to my left, Beth Brandon to my right, and a new member, Tom Barnes to my right as well. Welcome aboard, Tom. Leal counselor 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 Ewan Hake, senior planner. Marley Marlene Yrejeda, senior planner, Heather Stevens, senior specialist, and secretary to the board. Matt Pleasant is the 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. 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 left and remonstrators on your right as you face the board. Those who testify will state their name and address with a record before beginning to testify. Petitioners and persons appearing in support of each 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 in 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. The petitioner will then be allowed allowed five minutes for rebuttal and a summation of the case. 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 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 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 rule 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. Anyone at this hearing who thinks complete and proper notice has not been given and would like 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 certain petitions. The installation of landscaping and screening. The paving of a parking area and the dedication of rights of way are examples. These conditions and commitments 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 grant 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 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 correct mailing address and a reference to the board's petition number. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding impending a matter pending before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. There's anyone in the audience who has any questions about our procedures. None being seen, before we hear special requests, I will ask for a waiver of our rules of procedure, which I don't think we need to do. Or do we have an expedited docket, Heather? There is a possibility that there will be an expedited petition. Very well. 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 without any additional testimony from the individual petitioners.
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