Board of Zoning Appeals Division II Meeting - October 14, 2025

The Metropolitan Board of Zoning Appeals Division II held a public hearing on Tuesday, October 14, 2025, at 1:00 PM in the Public Assembly Room of the City-County Building. The board addressed multiple variance requests, continuances, and expedited petitions. Five members were present: Chair Craig Von Deylen, Vice Chair James Duke, Secretary Patrice Duckett-Brown, Beth Brandon, and Tom Barnes. Legal counsel was Chris Steinmetz. The meeting included approval of minutes, special requests, expedited petitions, and four regular hearing cases.

Consent Calendar

• Unanimous approval of meeting minutes from September 9, 2025.
• Waiver of rules to allow a single vote on all expedited petitions without individual testimony, approved unanimously.
• Acknowledged withdrawal of petition 2025-DV2-038 (151 South Arsenal Avenue) as the petitioner revised plans to eliminate the need for variances.
• Acknowledged automatic continuance of petition 2025-SE2-004 (6358 North College Avenue) to November 18, 2025, due to a timely filing by a registered neighborhood organization, noting that an additional variance requires new notice.
• Acknowledged automatic continuance of petition 2025-UV2-013 (148 West 38th Street) to November 18, 2025, filed by a registered neighborhood organization.

Public Comments & Testimony

• 2025-DV2-016 (Lurvey Loft Townhomes): Remonstrator Richard Dufor (1523 West New York Street) opposed the remaining variance for reduced living material, citing excessive hardscape, drainage concerns, and the building's size relative to the neighborhood. Carla Romero (332 North Elder Avenue) spoke on behalf of Stringtown Now Association, reading a letter from neighbor Jesse Baum that raised concerns about historical character, affordability, air quality, and potential contamination from a former gas station. She argued the neighborhood association leadership does not represent actual residents.
• 2025-DV2-028 (Grigsby): Petitioner Robert Grigsby (1106 Ban Avenue) explained that he and his wife had hired a contractor who failed to obtain a permit for a garage addition. They discovered the issue during a home sale inspection and are now seeking to legalize the structure. They provided letters of support from neighbors and stated they were not trying to hide anything.
• 2025-DV2-040 (Deahl): No remonstrators appeared. Petitioner John Deal described his family's need for additional space and his intention to replace an existing detached garage with a larger attached garage, noting support from the neighbor to the north.
• 2025-UV2-012 (Duarte): Petitioner Diego Duarte explained that the shipping container was placed for temporary storage due to large trees on the adjacent property that pose a risk to a permanent shed. He stated the container is painted to match the house and has neighbor support. No remonstrators appeared.

Discussion Items

• 2025-DV2-016 (1507, 1501 & 1533 West New York Street): Attorney Misha Rubinowich presented the petitioner's revised plan, which eliminated the height variance by removing the fourth floor. The only remaining request was a variance for 27% living material in the front yard (50% required). Staff supported the variance, noting the irregular lot shape, grade changes, and the site's long vacancy. The neighbor to the west, Paul Reagan, was consulted and the building was adjusted. Remonstrators argued the design was too large and that the neighborhood association's support came from non-residents. The board asked about the calculation of front yard area and open space. Staff clarified that open space excludes structures and hardscape. The petitioner committed to working with the neighbor and the alley. The board voted 4-1 to grant the variance (Ducket Brown opposed).
• 2025-DV2-028 (415 South Oxford Street): Attorney Mark Crouch represented the Grigsbys, seeking a variance for a 1.5-foot north side yard setback for a detached garage (five feet required). The garage was built without a permit in 2022. The petitioner stated they relied on a contractor who failed to obtain the permit. They provided letters of support from neighbors, including the most affected neighbor to the north. Staff recommended denial, citing the lack of a permit and the ability to build a compliant structure. Board members questioned the permit history; staff noted that permit applications were filed but never released due to side setback issues. The petitioner argued that moving the garage would reduce parking and cause financial hardship. The board voted 4-1 to grant the variance (Barnes opposed).
• 2025-DV2-040 (6115 North Park Avenue): Attorney Brent Bennett presented the Deahl's request for a zero-foot north side yard setback for an attached garage (five feet required). The existing detached garage is already at the property line. The addition would be two stories tall but would not extend beyond the current garage footprint. The neighbor to the north provided a letter of support. Staff recommended denial, stating the addition would be too tall and overshadow the neighbor, and that the lot deficiency did not justify the variance. The board asked about the length of the wall and the overhang. The petitioner clarified that the length would not increase. The board voted 5-0 to grant the variance.
• 2025-UV2-012 (2405 West 61st Street): Diego Duarte requested a use variance to allow a commercial shipping container for storage (not permitted in D-2 district). The container was placed without a permit. The petitioner explained it was temporary due to tree hazards and that they plan to build a permanent shed when possible. Staff recommended denial, citing the container's commercial nature, lack of screening, and the possibility of building a compliant structure. The board discussed a time-limited commitment. The petitioner agreed to remove the container within four years. The board voted 5-0 to grant the variance subject to that commitment.

Key Outcomes

• Minutes approved: Unanimous.
• Expedited petitions: All four granted unanimously (2025-SE2-002, 2025-DV2-034, 2025-DV2-036, 2025-DV2-037 amended).
• Continuances granted:
  • 2025-DV2-035 (5100 Knollton Road) continued to November 18, 2025, with new notice.
  • 2025-DV2-039 (854 North Gladstone Avenue) continued to November 18, 2025, with new notice.
• 2025-DV2-016 (Lurvey Loft Townhomes): Variance granted (4-1). Commitments: make reasonable efforts to prevent construction impacts on adjacent property, and work with the neighborhood association on reclaiming a historic alley.
• 2025-DV2-028 (Grigsby): Variance granted (4-1).
• 2025-DV2-040 (Deahl): Variance granted (5-0).
• 2025-UV2-012 (Duarte): Variance granted (5-0) with commitment to remove the shipping container within four years.