Metropolitan Board of Zoning Appeals Division III Meeting - September 17, 2019

The Metropolitan Board of Zoning Appeals (BZA) Division III met on September 17, 2019, at 1:00 p.m. in the Public Assembly Room of the City-County Building. The board considered four continuances, one expedited petition, two contested variance petitions, and one variance of use petition. Key outcomes included approval of a multi-family affordable housing project in Mapleton-Fall Creek, a controversial self-storage facility on East Washington Street, and a single-family dwelling on Edgewater Drive.

Consent Calendar

• 2019-DV1-040 (7505 Edgewater Dr): Variance of development standards for a single-family dwelling. The petitioner withdrew the height variance request. Approved unanimously (4-0).
• 2019-DV3-034 (2905-2927 N Central Ave & 508 E 29th St): Variance for a 4-story, 47-foot tall multi-family building with reduced parking, setbacks, and landscaping. The petitioner withdrew the request for unscreened trash enclosure. Approved unanimously (4-0).

Public Comments & Testimony

• 2019-DV1-040: Petitioner David Rutherford (representing Laura Rector) stated the lot is small and along the White River, necessitating reduced open space and a garage in front of the primary dwelling. He noted agreement with the Nora Community Council on a commitment prohibiting rental activity in the garage. No public opposition voiced.
• 2019-DV3-034: Petitioner Joe Calderon (attorney) and Lee Riley Evans (Mapleton-Fall Creek Development Corporation) presented the project as the first phase of a master plan providing 48 affordable rental units, with support from the neighborhood association and Councilor Oliver. Remonstrators (Norm Mahmood, Elaine Hawkins Morgan, Scott Gill, Arizona Fox) raised concerns about parking reduction (from 36 to 25 spaces), unscreened dumpster, clear sight triangle hazards, building height overshadowing adjacent homes, and density exceeding the neighborhood plan's 8-15 units per acre. Staff clarified the dumpster would be enclosed per ordinance.
• 2019-UV3-009 (10901 E Washington St): Petitioner Russell Brown (attorney) and Trent Overhue (affordable family storage) argued for a variance to convert a vacant former Marsh grocery store into a climate-controlled self-storage facility. They cited a permit issued in error, $1.5 million already invested, and support from the Warren Township Development Association (WTDA) subject to conditions. Remonstrator Michelle Sig presented photographs of incomplete site work, argued the area already has sufficient self-storage, and noted the WTDA had reversed its support. Staff recommended denial, citing inconsistency with the comprehensive plan (recommends regional commercial) and the Blue Line BRT corridor (which discourages auto-oriented uses like self-storage).

Discussion Items

• Continuances: Four petitions were continued: 2019-MO3-001 (264 N Rural St) to November 19 without notice; 2018-DV3-055 (245 N Delaware St) to November 19 without notice; 2019-DV3-032 (1202 S Meridian St, etc.) to October 15 with notice; 2019-UV3-010 (2630 S Arlington Ave) to October 15 with notice. Staff expressed concern about repeated continuances for 2019-MO3-001 but recommended one more continuance. All were approved.
• 2019-DV1-040: The board heard that the requested height variance was withdrawn. The remaining variances (10-ft rear setback, 5-ft between dwellings, garage in front of building line, 55% open space) were supported by staff as minor deviations consistent with neighborhood patterns. The building must comply with floodplain regulations. Approved with a commitment of no rental activity in the garage.
• 2019-DV3-034: The board debated the building's 47-foot height (35-ft max) and reduced parking. Staff supported the height due to proximity to the Bus Rapid Transit (BRT) Red Line and the Transit-Oriented Development (TOD) overlay. Reduced parking (25 vs. 36 required) was deemed acceptable given transit access. Remonstrators worried about density and shadow impacts. The board approved with the commitment to screen the dumpster per ordinance.
• 2019-UV3-009: The petitioner offered multiple commitments to address neighborhood concerns: no billboards or digital signs, property maintenance, well-lit parking, 50% of parking for free park-and-ride for the Blue Line, access drive maintenance, and allowance for the Pennsy Trail. Staff maintained denial recommendation. The board engaged in extensive discussion about due diligence, zoning errors, and the need for adaptive reuse. Three members voted to approve with the eight commitments; one member voted against.

Key Outcomes

• 2019-DV1-040: Approved (4-0).
• 2019-DV3-034: Approved (4-0) with commitment to enclose dumpster.
• 2019-UV3-009: Approved (3-1; Gulson Dunlap, Draving, Von Dalen in favor; Gouvea opposed) with eight commitments:
  1. No billboards or digital signs.
  2. Exterior property maintained and clean of trash.
  3. Lighting maintained and well-lit.
  4. 50% of parking dedicated for free park-and-ride for Blue Line BRT.
  5. Allow continuation of Pennsy Trail (width to be determined with parks department).
  6. Maintain access drive.
  7. Subject to plan of operation.
  8. (Additional from Mr. Pace's letter) - Not explicitly read but referenced.
• Continuances: All four approved as requested.

Additional Business

• The board noted adoption of negative findings of fact for a prior petition (2019-DV3-033) and adjourned.