January 13, 2026 Board of Zoning Appeals Division 2 Meeting

The Metropolitan Board of Zoning Appeals, Division 2, convened on January 13, 2026, to conduct regular business including the appointment of officer leadership, review of continuance requests, and hearings on two expedited petitions and two regular docket petitions. The meeting proceeded with a focus on granting variances for single-family dwellings and a wireless communications facility, with all petitioners and remonstrators granted their allotted speaking time before the full board voted to grant the requested relief.

Officer Elections

• Chairperson: The board unanimously approved a motion to nominate and elect Craig Von Dalen as Chairperson of Division Two. Vote tally: 4 Yes, 1 Abstention (Craig Von Dalen).
• Vice Chair: James Duke was unanimously elected as Vice Chair. Vote tally: 5 Yes.
• Secretary: Patrice Duckett Brown was unanimously elected as Secretary. Vote tally: 5 Yes.

Continuances & Procedural Matters

• 2025 UV 2-017 (853 North Tacoma): A request for continuance was made by owner Chris Dobb and supported by neighbor Joe Smoker due to the lack of annual neighborhood association meetings (NESCO or St. Clair Place). Staff expressed no objection. The board granted the continuance to February 10, 2026, without additional notice (Vote: 5 Yes).
• 2025 UV 2-016 (2949 Brouse Avenue): Yadira Torres (representing the petitioner) requested a continuance to February 10, 2026, due to an amended address. Staff expressed no objection, noting new notice had already been provided following the amendment. The board granted the continuance without additional notice (Vote: 5 Yes).
• 2025 DV 2-045 (8083 Georgetown Road): Don Fisher (Insight Engineering) requested a continuance to February 10, 2026, to allow time to answer specific questions from the neighborhood association. Staff expressed no objection. The board granted the continuance without additional notice (Vote: 5 Yes).
• 2025 DV 2-035 (5100 Knowlton Road): Justin Kingan requested a continuance to April 14, 2026, stating the petitioner is working toward withdrawing the petition in favor of a replot petition to resolve right-of-way issues. Staff expressed no objection but noted hope that this would be the final continuance and that the time should be utilized for right-of-way dedication processes. The board granted the continuance without additional notice (Vote: 5 Yes).
• 2025 UV 2-018 (1003 West 30th Street): Staff requested a one-month continuance to February 10, 2026, on behalf of a petitioner whose representative could not attend. The board granted the continuance without additional notice (Vote: 5 Yes).
• Expedited Docket Clarification: Justin Kingan clarified that a remonstrance letter was submitted for 2025 UV 1-022, but no opposition was present at the hearing. The item remained on the expedited docket as no remonstrators attended (Vote: 5 Yes).

Discussion Items

• 2025 DV 2-046 (2346 Brookside Avenue):
  • Petitioners (Jorge Gonzalez on behalf of Raul Rosas; Raul Rosas): Expressed that the house was constructed with a three-foot side yard setback based on a confusing zoning chart interpretation (D8 zone) and the absence of a city inspector during foundation verification. They stated they have mitigated fire risk by adding extra layers of drywall and concrete siding to achieve a two-hour fire rating. Rosas stated he has been waiting seven months to finish the house and is paying significant interest, expressing a desire to have the variance granted to complete construction.
  • Staff (Michael Weigel): Noted the confusion regarding the permit issuance and interpretation of lot size categories (small lot vs. compact lot). Staff stated they make no recommendation on granting the variance as it would be difficult to rescind the previously issued permit.
• 2025 DV 2-047 (2402 Brookside Avenue):
  • Petitioners (Jorge Gonzalez on behalf of Braulio Juaregui Barajas; Braulio Juaregui Barajas): Stated they built the house with a three-foot front setback based on an issued permit and by aligning with existing houses in the neighborhood. They expressed concern that moving the house back ten feet would negatively impact the aesthetic of the block. Gonzalez stated they were unaware the permit required a different measurement until after passing inspections.
  • Staff (Michael Weigel): Clarified that the permit was issued based on a measurement from the sidewalk edge rather than the right-of-way line, resulting in an actual setback of 2.5 feet. Staff noted the street has an above-average 63-foot right-of-way width and that the proposed setback aligns with adjacent properties, including a historic house. Staff made no recommendation due to the permit already being issued.

Key Outcomes

• Expedited Petition Granted: 2025-UV3-020 (Amended) for a wireless communications facility at 3620 Developers Road. The board granted the variance for the monopole tower with specific conditions regarding height and screening. Vote: 5 Yes.
• Expedited Petition Granted: 2025-UV2-019 for rebuilding a single-family dwelling in a floodway at 7543 Terrace Beach. The board granted the variance. Vote: 5 Yes.
• Expedited Petition Granted: 2025-UV1-022 for an automobile service facility at 4502 East Michigan Street. The board granted the variance. Vote: 5 Yes.
• Regular Docket Petition Granted: 2025-DV2-046 for a three-foot side yard setback at 2346 Brookside Avenue. The board granted the variance. Vote: 5 Yes.
• Regular Docket Petition Granted: 2025-DV2-047 for a three-foot front setback at 2402 Brookside Avenue. The board granted the variance. Vote: 5 Yes.
• Adjournment: The board adopted the findings of fact and adjourned the meeting.