Metropolitan Board of Zoning Appeals Division II Public Hearing - March 10, 2026
Metropolitan Board of Zoning Appeals Division II Public Hearing - March 10, 2026
The Metropolitan Board of Zoning Appeals, Division II, met on March 10, 2026, at 1:00 PM. Chairperson Craig Von Dalen led the meeting, with members Tom Barnes, Patrice Duckett Brown, and James Duke present. The board approved minutes from February 10, 2026, and addressed several special requests, expedited petitions, and two regular docket variance cases. The meeting concluded with a continuance for one case and adjournment.
Consent Calendar
- Approval of Minutes: The board unanimously approved the meeting minutes from February 10, 2026. Motion by James Duke, seconded by Tom Barnes. Vote: 4–0.
Special Requests & Continuances
- Waiver of Rules for Expedited Petitions: The board voted unanimously to waive rules allowing expedited petitions to be decided without additional testimony. Motion by Duke, seconded by Barnes.
- 2025‑DV1‑052 (4105 West 93rd Street): Petitioner Tim Oakes requested moving this case to the expedited docket, citing agreements with the Pike Township Residence Association and adjoining property owners, and staff support. No opposition present. The board unanimously approved moving it to the expedited docket.
- 2026‑AP2‑001 (1505 East 86th Street): Petitioner withdrew the petition; the board acknowledged the withdrawal.
- 2026‑UV2‑003 (5675 Michigan Road): Petitioner Joe Calderon and the Crooked Creek Alert neighborhood association jointly requested a continuance to April 14, 2026, without additional notice. A neighbor, Richard Turney, had no objection. Staff concurred. The board unanimously granted the continuance.
- 2026‑DV2‑001 (1781 Sloan Avenue): A three‑day waiver of legal notice was requested due to office closure and a holiday. Staff had no objection, and neighbor Julia Streer expressed no objection. The board unanimously granted the waiver.
- 2026‑UV2‑004 (8841 Zionsville Road): Staff determined the proposed use is allowed as an accessory function, so the petitioner requested withdrawal; the board acknowledged.
- 2026‑DB2‑003 (6801 Stanley Road): The petitioner filed a companion plat petition, obviating the need for this variance; the board acknowledged the withdrawal.
Expedited Petitions
- 2025‑DV1‑052 (4105 West 93rd Street) – V465 LLC: Variance of development standards for a warehouse exceeding one double‑loaded row of parking and removal of heritage trees without authorization. The board unanimously granted the variance subject to four commitments. Vote: 4–0.
Public Comments & Testimony
- 2026‑DV2‑001 (1781 Sloan Avenue) – Victory College Prep:
- Support: Pastor Steve Daly (Mount Calvary Evangelistic Center, 1840 Sloan Avenue) spoke in support, citing the school’s positive community impact and parking needs.
- Opposition: Julia Streer (1826 South De Quincy Street) objected due to damage to her fence and lack of cooperation from the school’s property manager. She requested fence repair but was offered $300, which she deemed insufficient. She also expressed concerns about privacy and future damage.
- Neutral/Question: Sema (1746 Sloan Avenue) asked about stormwater management for the proposed parking lot. She noted the school had agreed to address her fence and tree issues.
- 2026‑DV2‑004 (5935 West 86th Street) – Standard Traders Point LLC: No public comments were made.
Discussion Items
- 2026‑DV2‑001 (1781 Sloan Avenue) – Victory College Prep: Variance of development standards for an accessory parking area with reduced front setbacks (15 feet on Sloan and Iowa, 10 feet on De Quincy; required 25 feet). The amended request also included no curb cut on De Quincy. Staff recommended approval, noting the difficulty of meeting setbacks on a through lot. The petitioner committed to replacing the fence along the south property line. The board voted unanimously to grant the variance subject to the site plan and commitments. Vote: 4–0.
- 2026‑DV2‑004 (5935 West 86th Street) – Standard Traders Point LLC: Variance for a third freestanding monument sign (Taco Bell) along the West 86th Street frontage, seeking to exceed the maximum of two freestanding signs per frontage and required separation distances. Petitioner Mark Baston argued the building is recessed and visibility is limited, and that the sign would enhance safety and recognition. Staff recommended denial, citing existing signage (eight signs in the corridor) and the availability of the multi‑tenant pylon sign on the property. The board questioned whether the petitioner would also use the pylon sign’s top panel. After discussion, the petitioner requested a continuance to discuss with the client a commitment not to use the pylon sign if the variance were granted. The board unanimously continued the case to April 14, 2026, without additional notice. Motion by Duke, seconded by Barnes.
Key Outcomes
- Approved minutes of February 10, 2026.
- Granted waiver of rules for expedited petitions.
- Approved moving 2025‑DV1‑052 to expedited docket; later granted variance subject to four commitments.
- Acknowledged withdrawals of 2026‑AP2‑001, 2026‑UV2‑004, and 2026‑DB2‑003.
- Granted continuance of 2026‑UV2‑003 to April 14, 2026.
- Granted three‑day waiver for 2026‑DV2‑001.
- Granted variance for 2026‑DV2‑001 (Victory College Prep parking) with commitments.
- Continued 2026‑DV2‑004 (Taco Bell sign) to April 14, 2026, for further discussion.
- Adjourned at approximately [time not specified].
Meeting Transcript
Chris is here. I can read the spiel. I'll start as soon as it turns one. Yep, here we go. Yeah, I'll wait for that. Call to order. This is the public hearing of the Metropolitan Board of Zoning Appeals, Division II. I am Craig Von Dalen, Chairperson of Division II. The board the other board members present today are Tom Barnes, Patrice Duckett Brown, and James Duke. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today for the division of planning are Bryce Patz, current planning administrator, Robert Eulenh, senior planner, Michael Weigel, senior planner, Josh Levesque, 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 proceedings of this hearing are governed by the board's rule 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 are 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 a 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. No further evidence, statements, or arguments will be heard unless it is at the discretion of the board. Compliance with conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Prior to the establishment of the authorized improvements. 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 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. 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 April 14th, 2026 hearing. Board members, you've been provided meeting minutes for our February 10th, 2026 meeting. If there are no deletions or additions, I will take a motion for their approval. Do I hear a motion? Duke moved. Second. Second. I'll call the roll. Patrice Ducket Brown. Ducky Brown, yes. Duke, yes. Barnes is easier. Barnes, yes, thank you. Sorry about that. Is there anyone in the audience he has any questions about our procedures? None being heard. Before we hear special requests, I will 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? Duke so move.
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