Board of Zoning Appeals Division II Meeting - July 8, 2025
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Board of Zoning Appeals Division II Meeting - July 8, 2025
The Metropolitan Board of Zoning Appeals Division II held a public hearing on Tuesday, July 8, 2025, at 1:00 PM in the Public Assembly Room, City-County Building. Board members present: Chair Craig Von Deylen, Tom Barnes, and Aaron McBride. Legal counsel Chris Steinmetz and staff from the Division of Planning were also present. The meeting addressed several variance petitions, including withdrawals, continuances, expedited cases, and contested hearings.
Consent Calendar
- Waiver of Rules & Expedited Petitions: The board approved a waiver of rules to vote on expedited petitions without additional testimony. Petitions 2025-DV2-024 (4353 Washington Blvd, garage setback) and 2025-DV2-018 (5469 North Capitol Ave, rear yard setback) were moved to expedited. The board explicitly granted 2025-DV2-024 (unanimous vote). The vote for 2025-DV2-018 is not recorded in the transcript, but staff recommended approval and the petition was expedited without objection.
- Waivers of Notice: Granted for 2025-DV2-024 (4-day), 2025-DV2-025 (3-day), and 2025-DV2-023 (6-day).
- Continuances: Granted for 2025-UV2-010 (to August 12 without notice), 2025-MO2-001 (to August 19 hearing of Board 3 without notice), 2025-DV2-021 (to August 12 due to insufficient notice), and automatic continuances acknowledged for 2025-DV2-016, 2025-DV2-022, and 2025-DV2-019 (to August 12).
- Withdrawals: 2025-UV2-009 (hemp/CBD business) was withdrawn; fees were approved to transfer to a pending rezoning case. 2025-DV2-020 (fence variance) was withdrawn.
Public Comments & Testimony
- 2025-UV2-006 (5060 East 62nd St – indoor event center): Petitioner Lester Carver (architect) presented the Spotlight Center, arguing the use is consistent with C3 zoning as an accessory use and that parking is adequate (36 shared + 24 committed spaces). Remonstrators included Yogi Snyder (attorney for adjacent property owners), who disputed parking availability and submitted letters of opposition from community, tenants, and brokers. Kevin Stieninger (president of Bragg neighborhood organization) expressed concerns about traffic, parking, and weekend crowds. Councillor Dan Boots (District 3) opposed the expansion, citing parking deficiencies, previous violations, and neighborhood impacts. He noted the property had unaddressed BNS violations and that three professional brokers opined negative impact on property values.
- 2025-DV2-019 (3870 Broadway St – fence height/sight triangle): Petitioner representative Rebecca Garcia requested a continuance to explore material changes after staff recommended denial. She presented letters from neighbors supporting the fence for safety. The board agreed to continue the case.
- 2025-DV2-023 (5338 West Edwards Ave – fence and shed): Petitioner Austin Young explained he built a 6-foot vinyl fence and placed a shed in the front yard after receiving verbal guidance from BNS. He presented a petition with unanimous support from 14 neighbors. Pat Andrews (Decatur Township Civic Council) and neighbor David Taylor spoke in support, citing no negative impact on the corner lot and lack of facing homes on Biltmore. Staff recommended denial, citing the front yard fence height limit and potential for canyonization.
- 2025-DV2-025 (1435 North Hamilton Ave – carport side setbacks): Petitioner representative Josh Smith explained the carport was built without permits due to lack of knowledge; the homeowner is a Mexican immigrant unfamiliar with permitting. The carport encroaches 2.5 feet into required side setbacks. Staff recommended denial, noting self-imposed hardship and the possibility of reducing carport width. The board explored a potential workaround of moving support posts, but staff indicated that might not bring full compliance. No remonstrators appeared; a letter of support from Councillor Brown was noted.
Discussion Items
- 2025-UV2-006 (Event Center Denial): Extensive debate over parking adequacy and land use intensity. Staff calculated a deficiency of 97 spaces when considering the building's full occupancy (576 persons) and other tenants. The board weighed the petitioner's claim that the use is an accessory use and the remonstrators' evidence of overflow parking and neighborhood opposition. The board voted unanimously to deny.
- 2025-DV2-023 (Fence/Shed Approval): Board members questioned staff about the possibility of moving the fence off the right-of-way and discussed the petitioner's reliance on BNS guidance. The board found that strict application would reduce usable yard space by 53%, creating practical difficulty. The variance was granted unanimously.
- 2025-DV2-025 (Carport Approval): The board considered the petitioner's lack of permit knowledge, the structural changes needed for compliance, and the support from the local councilor. Despite staff's denial recommendation, the board voted unanimously to grant the variance, noting the relatively small encroachment and the owner's willingness to adjust if needed.
Key Outcomes
- 2025-UV2-006 (Event Center): Denied. Vote: 0-3 (McBride no, Von Deylen no, Barnes no).
- 2025-DV2-024 (Garage Setback): Granted. Vote: 3-0 (McBride yes, Von Deylen yes, Barnes yes).
- 2025-DV2-023 (Fence and Shed): Granted. Vote: 3-0 (McBride yes, Von Deylen yes, Barnes yes).
- 2025-DV2-025 (Carport Setbacks): Granted. Vote: 3-0 (McBride yes, Von Deylen yes, Barnes yes).
- 2025-DV2-019 (Broadway Fence): Continued to August 12, 2025 hearing.
- Other Continuances/Withdrawals: All approved as outlined in Consent Calendar.
- Chair's Request: Chair Von Deylen asked staff to request a BNS representative attend future hearings to clarify enforcement and measurement standards (e.g., side setbacks, fence height measurement). The request will be communicated to the director.
Note: The transcript does not include an explicit vote on expedited petition 2025-DV2-018 (North Capitol Ave); the board moved it to expedited and staff recommended approval. It is assumed granted based on the pattern, but not confirmed.
Meeting Transcript
All right, is it okay if we get started? Mr. Secretary, Ms. Weesee. We good to start. I'm Craig Von Dalen, Chairperson of Division Two. The other board members present are Tom Barnes, Aaron McBride, and Aaron McBride, legal counselor for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie Onea, interim current planning administrator, and principal planner two. Robert Eulen Hake, senior planner, Michael Weigel, senior planner, Noah Stern, senior planner. Kaya Mullins, associate planner, Marty Weiste, senior board specialist and secretary to the board. 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. Those who testify will state their name and address for the record before beginning to testify. Staff will then present the administrators' comments regarding the petition. 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. Submitted by the petitioner within 30 days of completion. 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 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 present today. It requires three votes to make at take action on any request. We will take this into consideration when hearing a request for continuances. If your decision receives an indecisive vote, your petition will be automatically continued to the August 12th, 2025 hearing of this board. Is there anyone in the audience who has any questions about our procedures? Before we hear special requests, I'll 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 a motion? Barnes so moved. And a second. Second. All right. Thank you. Then I will call the roll. Mr. Barnes. Yes. McBride. Yes. I am also yes. That carries now. Before we uh let's see. We'll now consider special requests and continuances at this time. Mr. Dimmerley. Mark Dimmerley, 6144, North Park Avenue. I'm here in regards to 2025 DV2024. I am asking for a waiver of four days of notice, public notice, as well as posting of the sign on this case.
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