Board of Zoning Appeals Division III Meeting - June 15, 2021
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Board of Zoning Appeals Division III Meeting - June 15, 2021
The Board of Zoning Appeals Division III convened on June 15, 2021 at 1:00 PM in the Public Assembly Room, 2nd Floor City-County Building, to hear and deliberate on multiple variance petitions. The following summary is based on the agenda and staff reports provided; no transcript of public testimony or board discussion is included in the source materials.
Consent Calendar
No items were designated for the consent calendar in the provided materials.
Public Comments & Testimony
No public comments or testimony are recorded in the agenda or staff reports.
Discussion Items
Each petition is listed below with its case number, address, request, and relevant staff notes or recommendations.
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2021-DV3-027 — 1423 South State Avenue (Center Township, District 21) Request: Variance of development standards to permit reconstruction of a single-family dwelling with a 13-foot front setback (18 feet required), zero-foot south side setback (3 feet required), and 5.5 feet between dwellings (10 feet required). Staff Note: A 1949 variance for the housing project was located; staff recommends approval with a condition to file a rezone petition prior to issuance of an Improvement Location Permit.
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2021-UV1-010 — 1518 Renton Street (Center Township, District 21) Request: Variance of use to provide a community building (with washer/dryers and community room) for an existing multifamily development; use not permitted in I-4/C-1 zoning. Staff Note: This petition was continued from May 18, 2021 at the petitioner's request. Staff recommends approval with a commitment to rezone the property to an appropriate residential district within two years.
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2021-DV3-011 (Amended) — 7001 Hoover Road (Washington Township, District 2) Request: Variance of development standards for a 5-foot tall freestanding sign with a 3.8-foot front setback from Hoover Road (10-foot setback required). An amended site plan relocated the sign and recalculated the clear sight triangle. Staff Note: This case was automatically continued from May 18, 2021 at the request of a registered neighborhood organization. Staff recommends approval of the amended request.
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2021-DV3-021 — 3511 West 20th Street (Wayne Township, District 11) Request: Variance to allow an addition to a detached garage with a 2-foot rear setback (5-foot required) and a footprint greater than the primary dwelling. Staff Note: Automatically continued from May 18, 2021 at the petitioner's request. Staff expressed concerns regarding fire separation and does not support the request.
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2021-DV3-024 — 5529 Snowberry Court (Decatur Township, District 20) Request: Variance to legally establish an existing fence within a drainage/utility easement, a patio encroaching 3.5 feet into the easement, a shed with a 2-foot side setback (5-foot required), and a roofed patio enclosure encroaching 6 feet into the rear setback and easement. Staff Note: Automatically continued from May 18, 2021 at the request of a registered neighborhood organization. Staff is not supportive of the request due to inconsistency with neighboring lots.
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2021-DV3-025 — 6022 East 82nd Street (Lawrence Township, District 3) Request: Variance to erect a 15-foot tall, 51-square foot pylon sign within 180 feet of an existing sign (300-foot separation required) and as the eighth sign along the frontage (maximum two freestanding signs permitted). Staff Note: A timely automatic continuance was filed by a City-County Councilor, moving the hearing to July 20, 2021.
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2021-DV3-026 — 9605 East Washington Street (Warren Township, District 19) Request: Variance for an additional freestanding sign: a 17.5-foot tall, 64-square foot pole sign within 70 feet of an existing sign (300-foot separation required, maximum two signs permitted). Staff Note: Staff recommends continuance to July 20, 2021 to allow addition of a variance for a digital display within 600 feet of a protected district, as the digital component was not included in the original notice.
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2021-DV3-028 — 2825, 2829, 2833, 2837, 2841, 2845, 2849 Central Avenue and 507 East 29th Street (Center Township, District 9) Request: Variance of development standards to allow a 50-foot, four-story multifamily building with reduced front and side transitional yards and less interior parking lot landscaping than required. Staff Note: The petitioner's representative indicated intent to request a continuance for cause to July 20, 2021. No objection from staff.
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2021-UV3-007 — 4017 South State Avenue (Perry Township, District 24) Request: Variance of use and development standards to permit offices for a religious use (not permitted in D-3 district) with a 12-square foot wall sign (maximum 6 square feet permitted). Staff Note: The petitioner's representative indicated intent to request a continuance for cause to July 20, 2021. Staff is opposed to the variance, noting a self-imposed hardship and lack of pedestrian infrastructure.
Key Outcomes
- Continuances granted or anticipated: Petitions 2021-DV3-025, 2021-DV3-026, 2021-DV3-028, and 2021-UV3-007 were either automatically continued or indicated a planned continuance to the July 20, 2021 hearing. Petitions 2021-UV1-010, 2021-DV3-011, 2021-DV3-021, and 2021-DV3-024 were continued from the May 18, 2021 hearing to the June 15 hearing; their final board decisions are not recorded in the provided materials.
- Staff recommendations: For petitions 2021-DV3-027 and 2021-UV1-010, staff recommends approval with conditions (rezoning). For 2021-DV3-011 (amended), staff recommends approval. For 2021-DV3-021 and 2021-DV3-024, staff does not support the variance. For 2021-UV3-007, staff opposes the variance. No board votes are documented.
- No public testimony or board deliberation is included in the source, so the meeting's discussion and final actions cannot be fully reported.
Meeting Transcript
Okay. It's a call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I am Craig E. Von Dalen, Chairperson for Division Three. The other board members present are Janice Golson Dunlop, Tony Boschenko, Catherine Chee, and Jim Rollinson. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the print division of planning are Larry Callaway, Principal Planner 2. Marlene Arajeda, 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 we've incorporated by reference into the record of each case heard today. 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 of the presentation of for the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present the administrators' comments regarding the petition. 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 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 petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedures, including posting the notice sign on the subject property at least 23 days prior to the hearing, the board may continue the petition. Any whether 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 the 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-aways are examples. These conditions and commitments are an integral part of the board's decision and must be met for granted variants to be valid. Compliance with conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of a variance 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 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. Forums 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 on the expedited petitions and adopt their findings of fact in a single vote rather than by voting on each petition separately. It is noted that we only have one case in our expedited um docket, and I would like to call quickly and see if there's anybody here that has an interest in that particular case. Um council district twenty-one. Please come forward. You want the petitioner first or is it? Uh state come forward, state your name and address and tell me why you're here. Are you here as a remonstrator? I'm here as a remonstrator. Name and address, please. Okay, and you would like to remonstrate against the petition?
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