Metropolitan Board of Zoning Appeals Division 2 Public Hearing - July 14, 2026
Metropolitan Board of Zoning Appeals Division 2 Public Hearing - July 14, 2026
The Metropolitan Board of Zoning Appeals Division 2 held a public hearing on July 14, 2026, at approximately 2:00 PM EDT. Chairperson Craig von Dalen presided, with board members Patrice Duckett Brown, Tom Barnes, and James Duke present. Legal counsel Chris Steinmetz and planning staff also attended. The board considered procedural matters, special requests, and an expedited docket of variance petitions.
Consent Calendar
- The board unanimously approved the meeting minutes from the June 9, 2026 hearing. (Motion by Duke, second by Barnes; vote 4-0.)
- A waiver of the board's rules of procedure was granted to allow voting on all expedited petitions without additional testimony. (Motion by Duke, second by Barnes; vote 4-0.)
Special Requests and Other Business
- Withdrawal and Expedited Status (2026 DV2-017, 921 E 66th St): Petitioner's attorney Joe Calderon requested acknowledgment of the withdrawal of a variance pertaining to sidewalk waiver/fee and asked to move the petition to the expedited docket. Staff recommended approval. The board granted the request. (Motion by Duke, second by Barnes; vote 4-0.)
- Waiver of Notice (2026 UV2-010, 543 E Market St): Petitioner's attorney John Cross requested a two-day waiver of notice due to a holiday closure of the county building. Staff had no objection. The board granted the waiver. (Motion by Duke, second by Barnes; vote 4-0.)
- Fee Reduction Request (VAR 26-172, 2705 E Washington St): Dan Evans, executive director of Good News Ministries (a 501(c)(3) nonprofit of 76 years), requested a 95% reduction of the $2,004 variance application fee, citing financial constraints. Staff recommended up to 50% reduction. An initial motion for 50% failed on a 2-2 tie (Ducket Brown and von Dalen opposed, Duke and Barnes in favor). A subsequent motion for a 75% reduction passed 4-0. (Motion by Barnes, second by Duke; vote 4-0.)
- Continuance (2026 DV2-021, 534 & 546 E 38th St): Staff reported that the petition did not meet legal notice requirements and recommended continuation to the August 11, 2026 hearing with new notice. The board continued the petition. (Motion by Duke; vote 4-0.)
- Commitment Update (2026 UV2-010): Staff noted that the commitments had been updated to include a provision that the variance would terminate if the building were destroyed beyond 66%.
Public Comments & Testimony
- David Kingan (address 355 E Ohio St), chairman of the development committee of the Cold Noble Neighborhood Association, expressed full support for petition 2026 UV2-010 (543 E Market St). He commented that the current zoning requirement to add units to the second story of a historic building is punitive, as the building was originally a single-family residence, and argued that such use should be allowed by right. Staff acknowledged the feedback.
- Dan Evans (address 2805 E Washington St), executive director of Good News Ministries, addressed the board during special requests to request a reduction in variance application fees for their pending application (VAR 26-172). He noted the organization's 76-year nonprofit history serving the homeless and children.
Discussion Items
The board heard and voted on three petitions on the expedited docket. No additional testimony was taken; the board voted based on staff reports and prior comments.
Key Outcomes
- 2026 UV2-009 (6001 Michigan Rd): Variance of use to replace underground fuel storage tank components at an automobile fueling station. Approved (vote 4-0).
- 2026 UV2-010 (543 E Market St): Variance of use to permit a single-family residence in the CBD-2 district, with updated commitments. Approved (vote 4-0).
- 2026 DV2-017 (921 E 66th St): Variance of development standards for expanding a daycare/preschool, with one variance withdrawn and commitments to pay into the sidewalk fund. Approved (vote 4-0).
- Fee reduction for VAR 26-172: Reduced from $2,004 to $501 (a 75% reduction) for Good News Ministries.
- Continuance of 2026 DV2-021 to August 11, 2026, with new notice.
The board adjourned after adopting findings of fact.
Meeting Transcript
All right, are we ready? Chris, you ready? Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2. I'm Craig von Dalen, Chairperson of Division Two. The other board members present are Patrice Duckett Brown, Tom Barnes, and James Duke. Legal Council for the Board today is Chris Steinmetz. Staff members present today from the division of planning are Bryce Patts, current planning administrator, Jeff York, current planning manager. Adrian Barker Baker, Principal Planner One, Michael Weigel, Principal Planner 1. Robert Ewenhake, Senior Planner, Josh Leveck, Senior Planner, and Piper Gall of Office Assistant is our acting board secretary today. 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. 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 administrator's comments regarding the petition. No further evidence statements or arguments will be heard unless it is at the discretion of the board. 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. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board out regarding a matter pending before the board and outside of this public hearing process is prohibited. Please be courteous and orderly at all times and put and please be sure all cell phone ringers are turned off. There are four members present today. It requires at least 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 June 9th, 2026 hearing. Board members, you have been provided meeting minutes for our for our June 9th, 2026 meeting. If there are no deletions or additions, I will take a motion for their approval. Duke so moved. And do I hear a second? Barnes second. Well, I'll now call the roll. Ducky Brown, yes. Barnes. Barnes, yes. Duke. Duke yes. I'm also yes. Is there uh okay? Is there anyone in the audience that has any questions about our procedure? None being seen. 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? Do so move. Second. Barnes second.
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