Metropolitan Board of Zoning Appeals Division II Public Hearing - December 10, 2024
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Metropolitan Board of Zoning Appeals Division II Public Hearing - December 10, 2024
The Metropolitan Board of Zoning Appeals (BZA) Division II held a public hearing on December 10, 2024, at 6:00 PM. Chairperson Craig Von Dalen presided over the meeting with members Patrice Duckett Brown, Beth Brandon, Tom Barnes, and James Duke present. Legal Counsel Chris Steinmetz and staff from the Division of Planning were also in attendance. The board approved prior meeting minutes, granted procedural waivers, handled continuances, and voted on five expedited variance petitions, all of which were approved unanimously.
Consent Calendar
- Approved meeting notes from November 12, 2024, by unanimous vote.
- Approved a waiver of procedure to allow the board to vote on all expedited petitions and adopt findings of fact without additional testimony, by unanimous roll call.
Public Comments & Testimony
- No public comments were made during the hearing.
Discussion Items
- Notice Waivers: Several petitioners requested waivers of the required notice period due to late delivery of legal notices (staff delays or late petition filing). Each request was uncontested and granted:
- Case 2024-DV2-044 (140 South Illinois Street): 9-day waiver granted unanimously.
- Case 2024-DV2-043 (6171 North Keystone Avenue): 10-day waiver granted unanimously.
- Case 2024-DV2-045 (2905 AJ Brown Avenue): 9-day waiver granted unanimously.
- Case 2024-UV2-028 (6331 Carrollton Avenue): 9-day waiver granted unanimously (petitioner-related delay).
- Continuance: Staff requested a continuance for Case 2024-DV2-046 (5346 North New Jersey Street) due to lack of findings of fact from the petitioner. The board granted the continuance without additional notice, moving the case to the January 14, 2025 hearing.
- Petition Withdrawals: Attorney David Gilman withdrew three petitions (2024-DV2-036, -038, -037) from the docket at the start of the hearing.
- Expedited Docket: Five petitions were read in and voted on without further testimony (per the earlier procedure waiver). All were approved by unanimous votes of all five members:
- 2024-DV2-043 (6171 North Keystone Avenue): Variance to install a second static digital drive-thru sign along a single drive-thru lane (permitted: one sign per lane).
- 2024-DV2-044 (140 South Illinois Street): Variance to install two building signs on an existing silo within the right-of-way (not normally permitted).
- 2024-DV2-045 (2905 Dr. Andrew J. Brown Avenue): Variance to allow a building addition with a 3-foot north side yard setback (5 feet required).
- 2024-UV2-027 (2107 North Riley Avenue): Variance of use to operate a seasonal sheltering and care center for the homeless (use not permitted in D5/SU2 zoning).
- 2024-UV2-028 (6331 Carrollton Avenue): Variance of development standards (specifics not detailed in transcript) for a property zoned MU1/FF/TOD.
Key Outcomes
- All five expedited variance petitions were granted unanimously (5-0).
- A continuance was granted for Case 2024-DV2-046 to the January 14, 2025 hearing.
- The board adjourned after completing the agenda, with Chairperson Von Dalen thanking members for their service and wishing everyone happy holidays.
Meeting Transcript
I don't know how many. Did you guys have the house? Okay. Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division II. I am Craig Von Dalen, Chairperson of Division Two. The other board members present are Patrice Duckett Brown, Beth Brandon, Tom Barnes, and James Duke. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neill, principal planner two and interim current planning administrator. Robert Ulenhake, senior planner. Noah Stern, senior planner. Marty Weistie, specialist and secretary to the board. The board has copies of the zoning ordinance, which will be incorporated by reference into the record of each case heard today. 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. 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. 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. 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 a 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 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 five members present today. It requires three votes to take action on any request. We will take this into consideration when hearing requests for continuances. Board members, you have been provided meeting notes for the November 12th, 2024 hearing. If there are no deletions or additions, I will take a motion for their approval. Do I hear a motion? Duke so move. And a second. Brandon, second. And all those in favor indicate by saying aye. Aye. Aye. Aye. Aye. Thank you. Before we hear special requests, I'll ask for a waiver or arus 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 a motion? Brandon, so moved. Thank you. And a second. Duke, second.
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