Metropolitan Board of Zoning Appeals Division 2 Meeting - August 8, 2023
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Metropolitan Board of Zoning Appeals Division 2 Meeting - August 8, 2023
The Metropolitan Board of Zoning Appeals Division 2 convened on August 8, 2023, at 10:30 AM to consider several variance requests and continuances. The meeting was chaired by Craig E. Von Dalen, with members James Duke, Beth Brandon, and Tom Barnes present. The board heard a mix of continuances, expedited approvals, and contested variances, resulting in two denials and two approvals.
Consent Calendar
- Expedited Docket (Unanimous Approval): Three petitions were approved without opposition:
- 2023 DV 1031: 1409 Fletcher Avenue – variance for detached garage with 3-foot side yard setbacks (5 feet required).
- 2023 DV 1035: 1310 West 26th Street – variance for single-family dwelling and secondary dwelling unit with 3-foot side yard setbacks.
- 2023 DV 2014: 28 East 40th Street – variance for detached garage with 3-foot rear and side yard setbacks. A two-day waiver of notice was granted for this petition due to a posting deficiency; all board members affirmed their votes.
Public Comments & Testimony
- Butler University President’s House (2023 DV 2010): Four remonstrators spoke in opposition:
- Kevin Sindelar (524 Buckingham Drive) objected to the height (43 feet 10 inches vs. 35 feet maximum) and called the house a “monstrosity” out of scale with the neighborhood.
- Mary Claire Chapman (501 Blue Ridge Road) requested a design tweak to keep the structure to scale, noting Butler’s encroachment into the residential neighborhood.
- Evelyn Ridley Turner (507 Buckingham Drive) asked for a height reduction to match other homes and noted the historical significance of the existing house.
- Richard Turner (507 Buckingham Drive) stressed the sheer size of the house and its encroachment on the lot, expressing skepticism that the existing house could not be remodeled.
Discussion Items
- Continuances: Several cases were continued to September 12, 2023:
- 2023 UV 2-009 (1540 South East Street): Granted over objection from the Bates Hendricks neighborhood association, which opposed the underlying petition but did not object to the continuance.
- 2023 DV 2-017 (717 East 27th Street): Staff requested a continuance for cause to review an amended site plan; no objection from the audience.
- 2023 DV 2-015 (1133 South Illinois Street): Remonstrator Shannon Dugan requested a continuance; petitioner did not object; granted without additional notice.
- 2023 DV 1022 (2247 Broadway Street): Petitioner Peter Meehan sought a variance to build a 1,085-square-foot carriage house (720 square feet maximum). Staff recommended denial, citing the accessory dwelling size and self-imposed practical difficulty. The board questioned the floor area calculation and considered the height and design self-imposed. The petition was denied 4-0.
- 2023 DV 2010 (526 Blue Ridge Road): Butler University, through Andrew Wirt, requested variances for a 43-foot-10-inch tall president’s house (35 feet max), a 10-foot rear setback (20 feet required), and a front entrance not on the front facade. Staff supported the request, noting the context of a four-story university building nearby and the residential use. Remonstrators opposed the height and scale. The board questioned the 12-foot ceiling height and 12/12 roof pitch as self-imposed hardship. The petition was denied 4-0.
- 2023 DV 2013 (4809 East 70th Street): Petitioner Abraham Jordan sought a variance to retain a 6-foot privacy fence in the front yard (3.5-foot limit). Staff recommended denial, citing fence height regulations and suggesting alternatives like trees. The petitioner argued safety, privacy, and neighborhood precedent. The board approved the variance 4-0.
- 2023 DV 2018 (2050 Carrollton Avenue): Petitioner Jimmy Lamentz requested a variance for an 8-foot fence in the rear yard (6-foot max) to provide privacy for a pool and basketball court. Staff recommended denial but noted approval limited to the rear fence. The board approved 4-0, and findings of fact were adopted.
Key Outcomes
- Continuances Granted: Three cases were continued to September 12, 2023 (2023 UV 2-009, 2023 DV 2-017, 2023 DV 2-015).
- Denials:
- 2023 DV 1022 (carriage house): Denied 4-0; continued for adoption of findings of fact.
- 2023 DV 2010 (Butler president’s house): Denied 4-0; continued for adoption of findings of fact.
- Approvals:
- 2023 DV 2013 (fence height): Approved 4-0.
- 2023 DV 2018 (fence height): Approved 4-0; findings of fact adopted.
- Expedited Docket: Three petitions approved unanimously with no testimony.
- Next Meeting: The board’s next regularly scheduled hearing is September 12, 2023.
Meeting Transcript
Called order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 2. I am Craig E. Von Dalen, Chairperson of Vision 2. The board members present are James Duke, Beth Brandon, Tom Barnes, legal constable board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neill. Principal Planner 2, Robert Ewan Haik, although I don't see him. Senior planner, Marlena Arajeda, senior planner. Alison Richardson, senior planner, Heather Stephen, Senior Specialist and Secretary of 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 five 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 of the petition. Staff will then present the administrators' comments regarding to the petition. The petitioner will then be allowed five minutes for rebuttal and the summonation summation of the case. Rebuttal must be limited to the subject matter or 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 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 variance to be valid. Compliance with conditions imposed by the board must be proved by an affidavit of client 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 as a f violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of the filing of a petition for judicial review of a decision to 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 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? If there aren't, before we s 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. Do I hear the motion? Duke's a move. Thank you. In a second. Brandon, second. Thank you. I will now ask for a vote. Duke.
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