Metropolitan Board of Zoning Appeals Division 2 Hearing - March 14, 2023
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Metropolitan Board of Zoning Appeals Division 2 Hearing - March 14, 2023
This public hearing of the Metropolitan Board of Zoning Appeals Division 2 was held on March 14, 2023, at 18:15 UTC, chaired by Vice Chairperson James Duke. Board members present included Patricia Ducket Brown, Beth Brandon, Tom Barnes, and alternate Aaron McBride. The meeting addressed three petitions: one expedited parking variance, two continuance requests, and two contested variance petitions. Decisions were made on all items.
Consent Calendar
- Expedited Docket (2023 DV202149): A variance of development standards to allow a detached garage at 2149 Olive Street with reduced side yard setbacks and encroachment into the clear sight triangle. The petition was approved unanimously (5-0) without further testimony.
Public Comments & Testimony
- 2022 DVD 2047 (2302 West 60th Street): The Crooked Creek Land Use Committee, represented by Carrie Michael Manders, opposed the petition for a 15-foot pole barn behind a house. Manders argued the petitioner lacked transparency, had previously stored commercial vehicles illegally on site (confirmed by staff photos), and expressed concern that commitments would not be honored based on past enforcement failures. The petitioner, Jimmy Laments of In and Out Unlimited LLC, countered that the owner owns multiple parcels, the barn is for personal storage of a boat, motorcycles, and vehicles, and that the request had been reduced from 18 feet to 15 feet. Manders also requested a two-month continuance due to surgery, but only a one-month continuance was granted.
- 2023 DVD 2001 (801 Shelby Street): Multiple remonstrators spoke in opposition, including Anson Keller (1111 Lexington Ave), Liz Sutton (1111 Lexington Ave), Robert Drew (1115 Lexington Ave), and Deborah Millot (1132 Lexington Ave). They raised concerns about: (1) the church having been built in 1925, not 1915 (post-zoning), undermining staff’s basis for recommending approval; (2) severe parking deficits (75% deficiency after reductions) leading to safety hazards; (3) residents already having difficulty parking due to nearby business events; (4) ADA compliance issues; and (5) the proposed off-site parking agreement with Calvary Church being too far (700+ feet) and unlikely to be used based on past behavior. A letter of support from City-County Council Vice President Zach Adamson was noted.
Discussion Items
- Continuance Request 2022 UV 3022 (830 River Avenue): Petitioner requested a two-month continuance to May 16th (later clarified to April 11th) to provide amended plans; no neighborhood objection. Board approved unanimously.
- Automatic Continuance 2023-32-003 (2231 Wellington Road): A timely filed automatic continuance was acknowledged, moving the case to April 11th (Division 2). Board acknowledged.
- 2022 DVD 2047: The petitioner sought a variance to build a 15-foot-tall pole barn on a property where the primary building is 14.25 feet tall (variance of 9 inches). Staff recommended approval with a commitment that no commercial vehicles be stored on site. Petitioner agreed. Board voted 4-1 in favor (Barnes opposed).
- 2023 DVD 2001: The petitioner (RCA Properties/Switchboard) sought a variance to use a former church (15,000 sq ft) as office space with only 8 on-street parking spaces (27 required after reductions, but staff noted the use is less parking-intensive than the previous church use). Petitioner had a five-year parking agreement for 20 spaces at Calvary Church two blocks north. Staff recommended approval, highlighting the site’s C5 zoning and transit-oriented development area. Remonstrators presented evidence that the building dated to 1925 (not 1915), and that the parking reduction was unprecedented. Board voted 3-2 to approve (Barnes and Ducket Brown opposed; Duke, McBride, Brandon in favor).
Key Outcomes
- Continuances: Both continuance requests were granted: 2022 UV 3022 continued to April 11, 2023 (without additional notice); 2023-32-003 continued to April 11, 2023 via automatic continuance.
- Expedited Petition (2023 DV202149): Approved unanimously (5-0).
- 2022 DVD 2047 (pole barn): Approved with a commitment of no commercial vehicle storage. Vote: 4-1 (Duke, Ducket Brown, McBride, Brandon yes; Barnes no).
- 2023 DVD 2001 (parking variance): Approved with the condition that the petitioner install 10 additional bicycle parking spaces to qualify for the 35% parking reduction. Vote: 3-2 (Duke, McBride, Brandon yes; Barnes, Ducket Brown no).
Meeting Transcript
We'll now call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 2. I am James Duke, Vice Chairperson of Division 2. The other board members present are Patricia Ducket Brown, Beth Brandon, Tom Barnes, and Aaron McBride, an alternate. Legal counsel for the board today is Chris Steinmetz. Staff members present today from Division of Planning are Eddie Onea, Principal Planner 2. Robert Eulinette, Senior Planner. Marlene Etahetta, Senior Planner, and Heather Stephens, 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 the request 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 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 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 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 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 by the statutory requirements, which must be met in order for a board for the board to grant a variance. If the petitioners have failed to comply with all notice requirements and stipulated by the board's rules of procedure, including posting of the notice on the sign of 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 the 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 paving of parking area, and the dedication of rights are rights of way are examples. These conditions and commitments are an integral part of the board decision and must be met for a granted variance to be valid. Compliance with conditions imposed by the board must be proved 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 of grant is a violation enforceable by the Department of Business and Neighborhood Services. A person must file a written request to receive notice of a filing of a petition for the judicial review of the decision of the board. The written request must be filed within five business 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 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. Is there anyone in the audience who has any questions about our procedures? 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 individual petitioners. Brandon Brandon, so moved. Brandon, so moved. I have a motion. Can I get a second? McBride, second. I have a second. I will now ask for a vote. Ducket Brown. Ducket Brown, yes. Brandon? Brandon, yes.
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