Metropolitan Board of Zoning Appeals Division Three Public Hearing - May 18, 2021
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Metropolitan Board of Zoning Appeals Division Three Public Hearing - May 18, 2021
The Metropolitan Board of Zoning Appeals Division Three convened on May 18, 2021, at 6:15 PM under Chairperson Craig E. Von Dalen. Board members Janice Golson Dunlop, Tony Boshenko, Catherine Chi, and Jim Rawlinson were present, along with legal counsel Chris Steinmetz and planning staff. The hearing addressed continuances, expedited petitions, and three regular variance petitions.
Consent Calendar
- The board approved a waiver of rules to vote on all expedited petitions in a single vote. The following expedited cases were approved unanimously (5-0): 2021 DV3017, 2021 DV3019, 2021 DV3020, 2021 DV3023, 2021 UV3002, and 2021 UV3006. All petitioners on the expedited docket were excused upon approval.
Public Comments & Testimony
- Derek Oliver (2626 Bethel Avenue) objected to a continuance for petition 2021 UV1010 (1518 Renton Street) without additional notice, stating that more community members were interested and deserved notice.
Discussion Items
- 2021 UV1010 – 1518 Renton Street: Petitioner Andy Metzel requested a continuance to June 15, 2021, without notice due to ongoing negotiations with remonstrators. After Derek Oliver's objection and discussion, the board amended the motion to require additional notice. The continuance was granted unanimously (5-0) with additional notice.
- 2021 DB1015 – 1402 and 1406 East Fletcher Avenue: Petitioner Mark Crouch requested a three-day waiver of original notice. Staff had no objection. The board granted the waiver unanimously.
- 2021 DB3018 – 8355 North Pennsylvania Street: Staff reported that the petitioner requested a four-month continuance to September 21, 2021, to redesign plans to protect old growth trees. No objections were heard. The board granted the continuance without additional notice unanimously.
- 2021 DB3022 – 516 Wedge Horse Street: Staff noted the petitioner withdrew the three-foot rear setback request. The petitioner was not present, but the board deferred moving it to the expedited docket. Later in the regular hearing, petitioner Daniel Dorset appeared and agreed to a five-foot rear setback. Staff recommended approval of the remaining variance for 53% open space. The board approved the amended petition unanimously.
- 2021 UV3006 – 5653 Brendan Way West Drive et al.: The petitioner requested moving to the expedited docket. Staff had no objection. The board approved the move unanimously.
- Automatic Continuances: The board acknowledged automatic continuances for petitions 2021 DB3024 (to June 15, 2021), 2021 DV3011 (to June 15, 2021), and 2021 DV3021 (to June 15, 2021). Board also acknowledged withdrawal of petition 2021 UV3004 (9032 Crawfordsville Road).
- 2021 HOV016 – 5450 West 86th Street: Petitioner John Jansen requested transfer of the petition from the Board of Zoning Appeals to the Hearing Officer for the May 25, 2021 hearing. Staff had no objection. The board voted unanimously to release the petition.
- 2021 UV3003 – 2935 Villa Avenue: Petitioner James Roll, represented by John Cross, requested a variance of use for a commercial contractor with outside storage and truck parking, plus development standards for setbacks and fencing. Petitioner committed to landscaping but refused to relocate fences along the north and west property lines. Staff recommended approval only for the 16-foot rear setback, recommending denial of the rest due to buffering concerns. The board voted unanimously to approve the full petition as requested.
- 2021 UV3005 – 7218 McFarland Road: Petitioners the Hittingers, represented by Russell Brown, requested a variance of use to operate a private Montessori school (preschool through early elementary) in a former church building. Staff initially recommended denial but revised to approval with a commitment to cap enrollment at 30 students. The board approved the variance unanimously, subject to the amended plan of operation dated May 13, 2021.
Key Outcomes
- Continuances Granted: 2021 UV1010 (to June 15 with additional notice), 2021 DB3018 (to September 21 without notice).
- Waiver Granted: 2021 DB1015 – three-day notice waiver.
- Petition Transferred: 2021 HOV016 – transferred to Hearing Officer.
- Expedited Approvals: All expedited cases passed unanimously.
- Regular Approvals:
- 2021 UV3003 – Variance granted (5-0).
- 2021 DV3022 – Amended variance granted (5-0).
- 2021 UV3005 – Variance granted with 30-student cap (5-0).
- Findings of Fact: Findings for 2021 DV3009 (April 20 hearing) were presented and adopted. Findings for 2021 UV3003 were continued for revision.
- Housekeeping: The board welcomed new members Jim Rawlinson and Catherine Chi. The meeting adjourned after completing the agenda.
Meeting Transcript
Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division Three. I am Craig E. Von Dalen, Chairperson of Division Three. The other board members present are Janice Golson Dunlop, Tony Boshenko, Catherine Chi, and Jim Rawlinson. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the Division of Planning are Larry Callaway, Principal Planner 2, Robert Eulin Hake, Senior Planner, Marlaney Yurahada, Senior Planner, Genesis Hill, Associate Planner, Heather Stephen, Senior Specialist and Secretary to the Board. Matt Pleasant is the current planning administrator. 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 procedures. That 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 the 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. The petitioner will then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement. No third further evidence, statements, or arguments will be heard unless it is at the discretion of the board. Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance. If the petitions have failed to comply with all notice requirements as stipulated by the board's rules of procedures, 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 lack of proper notice must bring this matter to the board's attention at the beginning of the hearing. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening, the paving of parking area, and the dedication of right of ways are examples. These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid. Compliance with the conditions imposed by the board must be proved by the affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specifies an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with the conditions or commitments of variants granted is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of the filing of a petition for judicial review of the of a 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. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. 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. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. 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 to adopt their findings of fact in a single vote. Rather than by voting each position separately. I will accept a motion to do so. So moved. Motion received by Member Golson Dunlop. Second by Boshenko second. Second from Member Byshenko. I'll now ask for a roll voice vote. Nanise Golson Dunlop. Yes. Catherine Chee. Yes.
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