Metropolitan Board of Zoning Appeals Division II Hearing - April 9, 2024
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Metropolitan Board of Zoning Appeals Division II Hearing
Date: April 9, 2024, at 6:00 PM (ET) — The Metropolitan Board of Zoning Appeals Division II convened under Acting Chairperson Craig E. Von Dalen, with members Tom Barnes, Patrice Ducket Brown, and Beth Brandon present. Legal Counsel Chris Steinmetz and planning staff provided support. The board heard special requests, continuances, and voted on an expedited docket of four petitions. Unanimous votes were recorded on all actions.
Special Requests and Continuances
- 1402 Shelby Street (2024 UV 2-003): Petitioner requested a continuance to allow revised parking plans after DPW concerns. The board granted a transfer to the Division 1 hearing on May 14, 2024, with additional public notice.
- 4117 East New York Street (2024 UV 2-004): Granted a two-day waiver of notice with no objection from staff.
- 1613 East 20th Street (2024 DV 2-012): Granted a three-day waiver of notice after staff noted the request required three days for mailers and two for signs.
- 411 and 4117 East Washington Street (2024 UV 2-006): Revised commitments, including a change to allow parcels to be “either combined or platted” and a timeline adjustment, were read into the record and accepted by staff. No board action required.
- 911 Sanders Street (2023 DV 2-032): Continued to May 21, 2024, due to missing orange public hearing signs on site.
- 4925 West Southport Road (2024 UV 2-005): Continued to May 21, 2024, to allow the petitioner to mail legal notices in compliance.
- 1105 Self Harding (2024 DV 2-010): Automatic continuance acknowledged to May 21, 2024.
- Various addresses off U65th Street (2024 UV 2-002): Automatic continuance acknowledged to May 21, 2024.
- 4233, 4235, 4237 Evanson Avenue (2024 DV 2-001): Transferred to Division 1 hearing on May 14, 2024, after the petitioner worked with staff on an amended site plan.
Expedited Docket
- Item 5 – 5000 Nolan Avenue (2024 DV 2-009): Variance for wall signs on two freestanding buildings with sign areas exceeding maximums (11.95% and 19.5% of elevation) and not facing a public street. Approved unanimously.
- Item 6 – 1613 East 20th Street (2024 DV 2-012): Variance to construct a single-family dwelling with reduced corner side yard (4.5 ft) and front yard (27.4 ft vs. 19.9 ft maximum). Approved unanimously.
- Item 7 – 4117 East New York Street (2024 UV 2-004): Variance to legally establish an existing duplex with a zero-foot front yard setback from New York Street. Approved unanimously.
- Item 8 – 411 and 4117 East Washington Street (2024 UV 2-006): Variance to construct a duplex as a third primary building on a two-parcel lot with an 89-foot front yard setback from Washington Street and primary entry not on the front facade. Approved unanimously.
Key Outcomes
- All four expedited petitions (items 5–8) passed unanimously (5-0).
- Nine continuances or transfers were granted, all either by unanimous vote or acknowledgement.
- The board waived the rules of procedure to allow expedited voting on the docket without individual testimony.
- No remonstrators appeared for any petition on the docket.
- The meeting was adjourned after the final vote.
Meeting Transcript
No matter what I don't want to say, talking about that because we have a second question. Melanie may have start. Thank you. This is a call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division II. I am Craig E. Von Dalen, acting chairperson to Division II. The other board members present are Tom Barnes, Patrice Ducket Brown, and Beth Brandon. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neill, Principal Planner 2. Robert Ewenhake, Senior Planner, although I don't see Robert. Michael Weigel, senior planner, and Melanie Evans Evans, Acting Specialist and Secretary of the Board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinance, which 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. 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 each 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 administrator's comments regarding the petition. Rebuttal must be limited to the subject matter of the initial presentations. Statements or arguments will be heard unless it is at the discretion of the board. 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 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 a judicial review of the 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 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 are only three members, I'm sorry, there are four members present today. It requires um three votes to take action on any request. We will take this into consideration when hearing requests for continuances. I'm sorry, um we have a full panel today. Thank you very much. If your petition receives an indecisive vote, your petition will be automatically continued to the May 21st, 2024 hearing. Before we hear special requests, I will ask for a waiver of the rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from individual petitioners. Do I hear a motion? Brandon, so moved. And do I hear a second? Duke, second. Thank you. I'll now ask for the vote. Ducett Brown. Ducky Brown, yes. Brandon. Brandon, yes. Barnes.
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