BZA Division 3 Virtual Hearing Approves Variances, Continues Controversial Sign Case - April 20, 2021
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BZA Division 3 Virtual Hearing Approves Variances, Continues Controversial Sign Case - April 20, 2021
The Board of Zoning Appeals (BZA) Division 3 held its final virtual hearing on April 20, 2021, at 6:15 PM, during which it considered several variance requests. The board approved a four-day waiver of notice, granted most variances, and continued one case to May 18, 2021. The meeting was conducted with four members present, requiring three votes for approval.
Consent Calendar
- Expedited Petitions: The board voted 4-0 to approve all five expedited petitions in a single vote, adopting findings of fact for each. These included variances for single-family dwellings and garages at various addresses.
Public Comments & Testimony
- Call-in Users: Jason Foos (petitioner for 2021-DV3-011, Hoover Road sign), Pat Rooney (petitioner for 2020-UV3-014, 2820 Burden Avenue), and Sharman Fry (petitioner for 2021-DV3-012, 1615 South Tabit Street) identified themselves.
- Remonstrators: Jacob Love opposed (2020-UV3-014) and Susan Hoffman and Terry Jones opposed (2021-DV3-008). Mark Shear and S. Yari opposed (2021-DV3-011).
Discussion Items
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Special Requests and Continuances:
- Four-day waiver for second notice for 2020-UV3-014 granted (4-0).
- Withdrawal of 2021-DV3-016 acknowledged.
- Automatic continuance for 2021-UV3-002 to May 18, 2021.
- Staff-requested continuance for 2021-UV3-003 to May 18, 2021.
- Expedited petitions DV3-013, DV3-014, DV3-015 remained on expedited docket after no remonstrators appeared.
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2020-UV3-011 (115 North Traub Avenue): Petitioner Andrew Summerford requested a variance to legalize three dwelling units (two in the main house, one in the garage) that existed for over 50 years. He introduced an affidavit from a neighbor confirming the use since 1969. Staff recommended denial, citing lack of permit history and illegal conversion. The board approved 3-1 (Golson Dunlop dissenting).
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2021-DV3-008 (241 Dixon Street): Petitioner, represented by John Cross, sought variances for setbacks and open space to construct a new single-family home with attached garage. Staff recommended approval as amended. Remonstrators Susan Hoffman and Terry Jones opposed, citing safety and maintenance concerns due to proximity to their three-story home. The board approved 4-0, subject to a commitment to build a front porch.
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2020-UV3-014 (2820 Burden Avenue): Petitioner Pat Rooney requested a variance of use and development standards to legalize an automotive repair shop with outdoor storage. Staff recommended approval, and the petitioner agreed to commitments on hours (7 a.m. to 6 p.m., Monday through Saturday), no deliveries outside those hours, and vehicle storage limited to 60 days. Jacob Love opposed, citing neighborhood concerns. The board approved 3-1 (Golson Dunlop dissenting), subject to commitments.
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2021-DV3-009 (1917 West 63rd Street): Petitioner Jacqueline Foster requested a variance to maintain a six-foot-tall privacy fence extending 15 feet north of the front facade. Staff recommended denial. After discussion, Foster agreed to remove one panel and plant additional arborvitaes. The board approved 4-0.
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2021-DV3-011 (7001 Hoover Road): Petitioner Jason Foos requested a variance for a five-foot-tall freestanding sign with a one-foot front setback. Remonstrators Mark Shear and S. Yari raised safety concerns about sight lines, especially for pedestrians and cyclists. Board members expressed concerns and voted to continue the case to May 18, 2021, without additional notice, to allow the petitioner to reconsider the sign placement, possibly moving it north or to the south side of the intersection.
Key Outcomes
- Approvals: 2020-UV3-011 (3-1), 2021-DV3-008 (4-0), 2020-UV3-014 (3-1), 2021-DV3-009 (4-0), and all expedited petitions (4-0).
- Continuance: 2021-DV3-011 continued to May 18, 2021, without additional notice.
- Other: Four-day waiver granted; withdrawals and continuances acknowledged; next hearing scheduled for May 18, 2021, in person in the Public Assembly Room.
Meeting Transcript
Yes. Exactly. All right, here we go. About voting. The board has copies of the zoning ordinance that will be incorporated by reference into the record of each case heard today. Rebuttal must be limited to the subject matter of the initial presentations. No further evidence, statements, or arguments will be heard unless it is at the discretion of the board. A person may file a written request to receive notice of the filing of petition for just judicial review of the decision of the board. 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. All voting today will be done by roll call. I will individually read each board member's name and ask them to vote yes or no. Board members, please respond with your last name plus your vote. E.g. Golson Dunlop. Yes. We're gonna move on to withdrawals continuances and special requests. As I stated previously, and for those who have just joined, please go to the QA function and state your name and address as well as the petition for which you are here today. Also state whether whether you have a special request to make to the board. Before we go on to special request, this will be the last virtual hearing of the BZA division three. The BCA plans to hold their next hearing on May, and the date is wrong on the when is our next hearing, Heather. Heather is the next hearing of the board potentially in the public assembly room will be May 18th. May 18th of 2021 in person in the public assembly room, potentially in the public assembly room on the second floor of the city county building. Are there call-in users present who need to be identified? Yes, there are. We have three uh users who have joined us via telephone this afternoon. So if you are one of those three people, I am going to unmute you shortly. When I do so, you'll hear a short beep. Once that happens, please tell us your name, uh, the case or petition that you are here for, and whether you wish to speak on that case, whether in support or in opposition. Ummuting the first caller now. Hello, my name is Jason Foos. All right, thank you, Jason. Which case are you here for this afternoon? Oh, sorry. It is the uh twenty twenty-one DV three dash zero one one, the Hoover Road sign. And I do not have video, I'm uh strictly on the telephone lines which Mr. Fuse. Moving to the next caller now, unmuting. Hi, my name is Pat Rooney. I'm on line on the computer as well, but my audio through my phone. I'm here on behalf of petitioner with respect to 2020 UGV 3014 for 2820 burnt nav. All right, thank you very much, Mr. Rooney. That was UV three zero one four. You said all right. Thank you. Moving to the last caller now, unmuting. Hi, this is Shawman Fry, and I'm the petitioner for um 2021 DD 3012 for 1615 South Tabit Street. All right. Thank you very much, Sherman.
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