Metropolitan Board of Zoning Appeals Division 2 Meeting - November 18, 2025
Metropolitan Board of Zoning Appeals Division 2 Meeting - November 18, 2025
The Metropolitan Board of Zoning Appeals, Division 2, convened on November 18, 2025, to address special requests, expedited petitions, and regular docket items. The board, consisting of Chair Craig Von Dalen, Patrice Duckett Brown, James Duke, and Tom Barnes, first approved the minutes of the October 14 meeting and unanimously waived procedural rules to vote on expedited petitions without additional petitioner testimony. The session focused on granting several waivers of notice and continuances before moving to substantive hearings on two major expansion projects.
Consent Calendar
- The minutes from the October 14, 2025, meeting were approved unanimously.
- A motion to waive rules of procedure for expedited petitions was adopted, requiring a three-vote majority for all subsequent decisions.
Special Requests & Continuances
- Petition 2025 DB2-044 (170 East 71st St): Adam Mears (attorney) requested a three-day waiver of notice due to the applicant receiving notice later than the deadline. Staff expressed no objection, noting the delay was on their side.
- Petition 2025 DB2-039 (854 North Gladstone Ave): Petitioner Josh Smith requested to add two new commitments (gutter diversion and survey confirmation) and move the case to the expedited docket. Staff stated they had no objection to the commitments but noted they were not in the original staff report due to late submission; they recommended approval subject to these new commitments.
- Petition 2025 UV2-015 (2049 East Michigan St): Arnoldo Gonzalez requested a five-day waiver of notice. Staff expressed no objection due to similar circumstances as the previous waiver.
- Petition 2025 DB2-043 (4360 Kessler Blvd North): A continuance to the December 9th hearing was granted due to the petitioner seeking additional representation and neighbor discussions. Staff had no objection to the continuance without additional notice.
- Petition 2025 DV2-035 (5100 Knowlton Rd): Justin King requested a two-month continuance to the January 13, 2026, hearing without additional notice to allow for survey work and petition withdrawal. Staff expressed no objection.
- Petition 2025 UV2-014 (15 and 19 Iowa St): Petitioner requested a continuance to December 9th with new notice to amend the petition. Staff had no objection.
- Petition 2025 UV2-016 (2201 East 30th St): Agreement was reached for a two-month continuance to January 13th without additional notice. Staff had no objection.
- Petition 2025 DV2-042 (10 South West St): Petitioner requested waivers for late mailed notices (5 days) and posted notices (9 days). Staff had no objection to the specific waivers.
- Petition 2025 DV2-041 (1867 Singleton St): A continuance to December 9th was granted because the petitioner failed to submit an affidavit of notice. Staff indicated the petition could not be heard until the affidavit is provided.
- Automatic Continances: Petitions 2025 SE2-005, 2025 UV2-013, and 2025 SE2-004 were automatically continued to the December 9th hearing or continued per agreement without objection from staff.
Public Comments & Testimony
- Petition 2025 DV1-051 (5345 West 81st St): Joseph D. Calderon, representing KR100 LP (Kirby Risk Corporation), presented arguments for a parking expansion and building addition. The petitioner expressed full support for the project, citing strong community backing from the Pike Township Residents Association. They argued that applying the green factor to the entire 10-acre site creates a practical difficulty, as isolating the 3.5-acre undeveloped portion would meet all requirements. The project sponsor stated their commitment to planting over 100 trees and installing solar panels upon expansion.
- Staff Position (Mr. Wrigley): Staff expressed a split recommendation: approval of the minor variance for double-loaded parking rows but denial of the variance regarding the green factor. Staff argued that the deviation (0.149 score vs. 0.22 required) was not justified by practical difficulty, as the applicant's large addition size and parking volume were self-imposed obstacles. Staff noted that reducing parking or increasing plantings could theoretically restore compliance, and the proposed commitment to add solar panels in Phase 2 was not factored into the current score.
Discussion Items
- Green Factor Calculation Methodology: Board member Tom Barnes questioned the logic of recommending approval for expanded parking while recommending denial of the green factor variance, noting the petitioner has committed to future compliance via solar panels and additional landscaping. Barnes argued that the current denial seems contradictory and asked if staff had explored paths to compromise other than denial.
- Site History: Discussion clarified that the north 3.5-acre parcel, previously containing trees, was never dedicated as a park or drainage area but was always zoned industrial and intended for facility expansion.
- Compliance Options: Staff explained that reducing the number of parking spaces or increasing plant density could improve the green factor score. However, the petitioner indicated that the current parking requirements are necessary for their 100 employees and cannot be reduced.
Key Outcomes
- Waivers and Continuances Granted: All special requests for waivers of notice (3-day, 5-day, 5+9 day) and continuances (to Dec 9 or Jan 13, 2026) were approved unanimously by the board.
- Expedited Variances Granted:
- 2025 DB2-039 (854 North Gladstone Ave): Variance for side yard setbacks granted (unanimous vote).
- 2025 DB2-044 (170 East 71st St): Variance for attached garage setbacks granted (unanimous vote).
- 2025 DV2-015 (2049 East Michigan St): Variance for duplex and setbacks granted (unanimous vote).
- Regular Docket Variances Granted:
- Petition 2025 DV1-051 (5345 West 81st St): The board granted both variances (parking rows and green factor) by a vote of 4-0 (Duckenett Brown: Yes, Duke: Yes, Von Dalen: Yes, Barnes: Yes). The board overruled the staff's recommendation to deny the green factor variance, accepting the petitioner's argument regarding practical difficulty and future commitments.
- Adjournment: Findings of fact were adopted, and the meeting adjourned.
Meeting Transcript
Called order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2. I'm Craig Von Dalen, Chairperson of Division 2. The other board members present are Patrice Ducket Brown, James Duke, and Tom Barnes. Legal Council for the Board today is Chris Steinmutz. Staff members present today from the Division of Planning are Bryce Patts, current planning manager. Robert Ewanhake, senior planner. Michael Weigel, senior planner, Noah Stern, senior planner, Marty Weistie, 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 preceding the proceedings of this hearing are governed by the board's rules of procedure, and 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. 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 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 administrators' comments regarding the petition. Petitioner will then be allowed five minutes for rebuttal and summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petitioners' rebuttal evidence and a brief closing statement. 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. If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice signed on the subject property at least 23 days prior to the hearing. The board may continue the petition. 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. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening, the paving and parking area, and the dedication of rights of way are examples. These conditions and commitments are an integral part of the board's decision and must be met for the granted variance to be valid. 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 granted 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 the 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. Forums 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 four members present today. It requires three votes to take action on any request. We will take this into consideration when hearing requests for continuances. If your petition receives an indecisive vote, your petition will be automatically continued to the December 16th, 2025 hearing. Board members, you've been provided meeting minutes for our October 14th, 2025 meeting. If there are no deletions or additions, I will take a motion for their approval. Do I hear a motion? Duke, so move. Second. Ducett Brown, second. Call the roll. Barnes. Barnes, yes.
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