Board of Zoning Appeals Division III Meeting - August 5, 2020

The Board of Zoning Appeals Division III held an electronic meeting on August 5, 2020, due to COVID-19 executive orders. Note: The transcript consistently states the meeting date as May 26, 2020, creating a discrepancy with the provided date of August 5, 2020. This summary uses the given date as instructed. The meeting covered continuances, special requests, expedited petitions, and two contested cases. Roll call voting was used for all decisions.

Consent Calendar

• Minutes Approval: The minutes from the April 21, 2020 meeting were adopted unanimously (5-0).
• Continuances:
  • Case 2020 DV1-019 (616 Gilford Ave) continued to July 21, 2020, with additional notice (unanimous).
  • Case 2020 DV3-001 (2050 Carrollton Ave) continued to June 16, 2020, without additional notice (unanimous).
  • Case 2020 DV3-003 (325 West Morris St and 350 Kansas St) continued to June 16, 2020, without additional notice (unanimous).
  • Case 2019 DV3-044 (6139 West 79th St) continued to June 16, 2020, without additional notice (unanimous).
  • Case 2020 DV3-007 (5653 Brennan Way West Dr) continued to June 16, 2020, without additional notice (unanimous; one adjacent landowner objected but no reason given for unavailability on June 16).
• Special Requests:
  • Waiver of notice by two days granted for Case 2020 DV3-009 (1215 Union St) and Case 2020 DV3-012 (375 S Franklin Rd) – both due to legal notices mailed two days late (unanimous).
  • For Case 2020 DV3-016 (6331 West Morris St), the variance for a five-foot east side setback was withdrawn, and the petition moved to the expedited docket (unanimous).
• Expedited Petitions Block Vote: The following cases were approved in a single block vote (5-0): 2020 DV3-008 (3200 East Loretta Dr), 2020 DV3-009 (1215 Union St, as amended), 2020 DV3-010 (266 Hendrix Pl), 2020 DV3-013 (1031 Elm St), 2020 DV3-014 (8282 North Pennsylvania St), 2020 DV3-015 (917 North Dearborn St), and 2020 DV3-016 (6331 West Morris St, as amended). One call-in participant (Emma Git) attempted to speak on 2020 DV3-015 but missed the opportunity; the chair explained the case had already been voted on.

Public Comments & Testimony

• Case 2020 DV3-011 (3317 Graceland Ave): Petitioner Sarah Walters explained the variance request was to add a front porch to a recently remodeled home, improving aesthetics. No public testimony in opposition was received.
• Case 2020 DV3-012 (375 S Franklin Rd): Petitioner Sarah Walters requested a variance for a side setback of 0.5 feet instead of the required 7 feet to build an addition on an existing concrete slab. No public testimony in opposition was received.
• Case 2020 SE3-001 (3410 McLaughlin St) – Special Exception for Religious Use: Seven residents testified in opposition. Concerns included: increased traffic on a narrow, dead-end street; noise from multiple weekly services; lack of sidewalks posing safety risks for pedestrians; potential flooding from paved parking; the property’s location at the end of a cul-de-sac with inadequate access; and the presence of nearby churches already available. Residents expressed that the quiet residential character would be harmed. The petitioner’s attorney, Tom Vander Luitgaren, experienced technical difficulties but later presented by phone. He argued the use is permitted as a special exception, would involve only 40 worshippers in the garage, and committed to staff-proposed conditions. Staff recommended denial, citing deficient street frontage (50 ft vs. 125 ft required), lack of municipal water/sewer, excessive parking capacity for a 40-person use, and incompatibility with the residential neighborhood.

Discussion Items

• Case 2020 DV3-011 (3317 Graceland Ave): Variance to allow 56% open space (required 60%) for a front porch addition. Staff argued the hardship was self-imposed due to a 42% increase in dwelling footprint (from 1,208 to 2,069 sq ft) and that the site could meet the requirement without the porch. The board questioned the deviation (10%) and future expansion potential. The petitioner acknowledged self-imposed hardship but cited aesthetic need. Vote: 1-4 (only Chair Von Dalen voted yes). Denied.
• Case 2020 DV3-012 (375 S Franklin Rd): Variance to allow a 0.5-foot north side setback (required 7 ft) for additions to an existing house and garage. Staff opposed, noting the slab foundation could be moved south to meet the setback, and that new footings for the addition would encroach further north. The board noted the existing house is already non-conforming; nearby property owner did not object. Vote: 4-1 (only Chair Von Dalen voted no). Approved.
• Case 2020 SE3-001 (3410 McLaughlin St): Special exception for a religious use (prayer house) with up to 40 worshippers in a single-family dwelling. Extensive discussion: petitioner proposed up to 40 people on Saturday evening and Sunday, plus weekday Bible studies; caretaker would reside on site. Staff raised multiple concerns: no municipal water/sewer, deficient street frontage, location on a dead-end local street (though petitioner argued it connects to another street via a private driveway), excessive parking (27 spaces for 40 people), and lack of plan limitations on activities. Board questioned the definition of religious use and whether the proposed parking was excessive. Petitioner agreed to three staff-proposed conditions: obtain commercial septic permit, prohibit outdoor activities, and pave parking by Sept 30, 2020. Vote: 1-4 (only Chair Von Dalen voted yes). Denied.
• Additional Business: The board adopted findings of fact for the expedited petitions (excluding 2020 DV3-016, which needs revised findings) by roll call (5-0). The meeting then adjourned.

Key Outcomes

• Continuances Granted: Six cases continued to future dates (July 21 or June 16) as noted.
• Waivers of Notice Approved: Two cases granted 2-day notice waivers.
• Expedited Petitions Approved: Seven variance petitions approved in a block vote.
• Case 2020 DV3-011 Denied: 1-4 vote; variance for front porch not approved due to self-imposed hardship.
• Case 2020 DV3-012 Approved: 4-1 vote; variance for side setback granted.
• Case 2020 SE3-001 Denied: 1-4 vote; special exception for religious use denied.
• Findings of Fact Adopted: For all expedited petitions except 2020 DV3-016, which will require later revision.