Metropolitan Board of Zoning Appeals Division 2 Public Hearing - May 16, 2023
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Metropolitan Board of Zoning Appeals Division 2 Public Hearing - May 16, 2023
The Metropolitan Board of Zoning Appeals Division 2 held a public hearing on May 16, 2023, at 6:00 PM, chaired by Craig E. Von Dalen, with members James Duke, Aaron McBride, Beth Brandon, and Tom Barnes. The board addressed several continuances due to faulty publication of legal notices, one special request to move a case to the expedited docket, and approved three expedited petitions. No public testimony was heard in opposition to any case.
Special Requests and Continuances
- Case 2023 DV2-003 (231 Wellington Road): Petitioner's attorney Brian Twee requested placement on the expedited docket, citing support from staff, the Meridian Hills Development Standards Committee, the Meridian Hills Town Council, and nine or ten neighbor letters, with one remonstrance but no remonstrator present. The board unanimously voted to expedite.
- Case 2023 DV2-004 (849 South Belmont Avenue): Continued due to faulty publication of legal notice and transferred to the June 6, 2023, Division 1 hearing with published notice. (Unanimous vote)
- Case 2023 DV2-007 (1502 West 25th Street): Continued due to faulty publication and transferred to the May 23, 2023, Division 3 hearing with published notice. (Unanimous vote)
- Case 2023 UV2-006 (2320 Duke Street): Continued due to faulty publication. At the request of the petitioner (David King), transferred to the June 6, 2023, Division 1 hearing with published notice instead of June 13. (Unanimous vote)
- Case 2023 DV2-005 (4540 North Park Avenue): Continued due to faulty publication and transferred to the June 13, 2023, hearing with published notice. (Unanimous vote)
- Case 2023 DV2-006 (231 Hendrix Place): Continued due to faulty publication and transferred to the May 23, 2023, Division 3 hearing with new notice. (Unanimous vote)
- Case 2023 UV2-004 (2029 Massachusetts Avenue): Continued due to faulty publication and transferred to the July 11, 2023, hearing with published notice. (Unanimous vote)
- Case 2023 UV2-002 amended (6627 Man Road): Pulled from the expedited docket due to an amendment requiring new notice, continued to the June 13, 2023, hearing with additional notice. (Unanimous vote)
- Case 2023 DV2-008 (3802 East 10th Street): Automatic continuance filed by a registered neighborhood organization to the June 13, 2023, hearing, acknowledged by the board with the requirement of additional published notice.
- Case 2023 UV2-005 (3721 East 10th Street): Automatic continuance filed by a registered neighborhood organization to the June 13, 2023, hearing, acknowledged by the board with the requirement of additional published notice.
Expedited Petitions
Three cases were heard on the expedited docket, with no opposition present. The board voted on each after the chair read the case details.
- 2023 MO2001 (5510 Millersville Road): Request by Michael Thomas (via Ted W. Knowing) to modify commitments related to 2021 DV2019, extending the expiration date of a temporary modular building from May 11, 2023, to May 11, 2025. Approved unanimously (5-0).
- 2022 UV3022 amended (830 River Avenue): Request by 830 River LLC (via Austin Aynes) for a variance of use and development standards to construct a three-story duplex with a maximum height of two and a half stories, on a 40-foot-wide, 6,000-square-foot lot (60-foot lot width required, minimum area 7,200 square feet required), with open space of 48% (60% required), a third and fourth dwelling within a detached garage (not permitted), and encroachments of mechanical equipment, walking paths, and patios into side yard setbacks. Approved 5-0 after an initial 4-1 vote was corrected when member McBride changed his vote to yes.
- 2023 DV2003 (231 Wellington Road): Request by John and Aaron Young (via Brian J. Toy) for a variance of development standards to allow a detached garage with an 8-foot east side yard setback and a 25.08-foot rear yard setback (12-foot side yard and 28.5-foot rear yard required). Approved unanimously (5-0).
Key Outcomes
- All requested continuances and transfers were granted unanimously.
- The board approved all three expedited petitions, with the corrected vote ensuring unanimous approval for each.
- No further business was conducted, and the hearing adjourned.
Meeting Transcript
This call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 2. I am Craig E. Von Dalen, Chairperson of Division 2. The other board members present are to my left, James Duke and Aaron McBride, and to my right, Beth Brandon and Tom Barnes. 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, Principal Planner 2. Robert Ewan Hake, Senior Planner, Marlene Aerjeda, Senior Planner, and Heather Stephen, 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 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 and for the 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 rules of procedure, 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 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 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 specifies 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 obtain may be obtained by 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. 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 board to the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. Do I hear a motion? Duke, so move. And a second. Brandon, second. Thank you. All now ask for a vote. Duke. Duke, yes. Brandon.
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