Metropolitan Board of Zoning Appeals Division 2 Meeting - February 11, 2025

The Metropolitan Board of Zoning Appeals Division 2 convened on February 11, 2025, at 6:00 PM under Chairperson Craig Von Dalen. Board members present included Tom Barnes, James Duke, David Duncan, and Beth Brandon. Legal counsel Chris Steinmetz and planning staff attended. The meeting covered approval of prior minutes, procedural waivers, continuances, and four variance petitions, including three fence height requests and one driveway access case. Votes were cast on each petition, with staff recommendations for denial in three cases but variances granted by the board.

Consent Calendar

• Minutes Approval: The board approved the minutes from the January 14, 2025 hearing by unanimous vote (5-0).
• Waiver of Rules for Expedited Petitions: A motion to waive rules allowing votes on expedited petitions without individual testimony passed unanimously (5-0).

Discussion Items

• Continuance and Waivers:

  • 2025-UV2-001 (2454 North Illinois St): Petitioner Justin Kingan requested a continuance to March 11, 2025, and a waiver for deficient notice. Staff had no objection. The board voted unanimously to continue with additional notice to the March hearing.
  • 2025-DV1-002 (8751 Michigan Rd): Petitioner Joseph Calter requested expedited treatment after reducing parking spaces to 35 per site plan dated February 5, 2025. Staff and Pike Township Presidents Association supported. Expedited status granted unanimously.
  • 2025-DV1-001 (4235 East 46th St): Petitioner Kevin Buckheit requested a three-day waiver for mailed notice (postmarked late). Staff had no issue. Waiver granted unanimously.
  • 2025-DV2-001 (7126 Spring Mill Rd): Petitioner Brian Twee requested a six-day notice waiver due to staff delay, plus agreed to two commitments. Staff had no objection. Waiver granted unanimously.

• Expedited Petitions:

  • 2025-DV1-002 (8751 Michigan Rd): Variance to build an eating establishment with 43 parking spaces (23 maximum allowed), drive-through stacking in front yards, and no exclusive bypass aisle. Approved by unanimous vote (5-0).
  • 2025-DV2-001 (7126 Spring Mill Rd): Variance for an 8-foot privacy fence (max 6 feet) and 64-foot wide parking area within front yard (max 30 feet). Approved unanimously (5-0).

• 2024-DV1-047 (1919 Mansfield St) – Driveway Access:

  • Petitioner James Holman requested a curb cut for driveway access from Mansfield Street instead of the alley, citing alley safety issues and narrow street parking. The gravel driveway had existed since ~1994 without permits. Staff recommended denial, citing the 2016 ordinance requiring alley access for properties with improved alleys, and noting that approving would set a poor precedent for walkability and on-street parking. The board questioned enforcement and alley condition. Board vote: 4-1 in favor (Duncan, Duke, Von Dalen, Brandon yes; Barnes no). Variance granted.

• 2025-DV1-001 (4235 East 46th St) – Ornamental Fence:

  • Petitioner Kevin Buckheit requested a 6-foot ornamental fence (max 3.5 feet) on a 1.57-acre lot with 300 feet of frontage. The fence was erected without permit due to contractor error. Staff recommended denial, arguing 3.5-foot fence would suffice. Board added commitments: fence must remain ornate, non-pinch-point, high transparency (similar to existing). Board voted 5-0 to grant the variance.

• 2024-DV2-047 (5088 Bonnie Bray St) – Corner Lot Fence:

  • Petitioner Danielle Day requested a 6-foot cedar fence on a corner lot (two front yard lines). Fence already installed; neighbors provided letters of support. Staff recommended denial, stating privacy fences in front yards deviate from residential character and set undesired precedent. Board discussed corner lot exceptions and visual impacts. Vote: 4-1 in favor (Duke, Duncan, Barnes, Brandon yes; Von Dalen no). Variance granted.

Key Outcomes

• Variances Granted:
  • 8751 Michigan Rd (expedited) – approved 5-0.
  • 7126 Spring Mill Rd (expedited) – approved 5-0.
  • 1919 Mansfield St – approved 4-1.
  • 4235 East 46th St – approved 5-0 with commitments on fence style.
  • 5088 Bonnie Bray St – approved 4-1.
• Continuance: 2025-UV2-001 continued to March 11, 2025, with new notice required.
• Waivers Granted: All three notice deficiency waivers (cases 2025-DV1-001, 2025-DV2-001, and continuance) were approved unanimously.
• Enforcement Discussion: Board discussed requiring improvement location permits (ILPs) for fences to reduce future violations; staff noted no current legislative appetite but acknowledged other jurisdictions require permits.