Metropolitan Board of Zoning Appeals Division Three Meeting - September 21, 2021
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Metropolitan Board of Zoning Appeals Division Three Meeting - September 21, 2021
The Metropolitan Board of Zoning Appeals Division Three convened on September 21, 2021, at 6:00 PM (ET) under Chairperson Craig E. Von Dalen. The board addressed multiple continuances, withdrawals, expedited petitions, and two full variance hearings. Key decisions included approval of a four-lot subdivision on Acton Road and approval of an illuminated digital sign for a church on Shelby Street.
Continuances and Withdrawals
- 2021 DV3040 (3019 Roosevelt Ave): Continued and transferred to Division 1 on October 5, 2021, without additional notice (petitioner's first request).
- 2021 DV3038 (8860 Zionsville Rd): Continued to November 16, 2021, with additional notice.
- 2021 DV3046 (1202 S Meridian St): Continued and transferred to Division 2 on October 12, 2021, with additional notice; a waiver of 5 days notice also approved.
- 2021 DV3031 (5859 Forest Lane): Continued to October 19, 2021, without additional notice despite opposition from neighboring property owners (represented by Attorney Greg Zubek) who cited multiple continuances and lack of progress. Staff had no objection. Approved 5-0.
- 2021 DV3002 (114 E 49th St): Withdrawn, acknowledged.
- 2021 DV3018 (8355 N Pennsylvania St): Withdrawn, acknowledged.
- 2021 DV3047 (710 E 21st St): Automatic continuance to October 19, 2021, acknowledged.
- 2021 UV3011 (449 N Arsenal Ave): Withdrawn; fees transferred for rezoning refiling (approved 5-0).
- 2021 SE3001 (1718 & 1722 Olive St): Withdrawn (no opposition present).
- 2021 SE3003 (2659 Sutherland Ave): Continued to October 19, 2021, with additional notice (approved 5-0).
Public Comments & Testimony
- For 2021 DV3031 (5859 Forest Lane), attorney Greg Zubek, representing adjacent homeowners Scott and Jane Ann Himsel, opposed the continuance. He stated that the petitioner had already received an automatic continuance and a prior continuance for cause, and that no updated plans had been submitted. He noted that staff recommended denial, the neighborhood association voted to recommend denial, and 50 signatures opposed the variance. The board nevertheless voted to grant the continuance.
- No other public testimony was offered on the remaining items.
Expedited Docket
The board approved two expedited petitions in a single vote (5-0) without testimony:
- 2021 DV3050 (2827 Boulevard Place): Variance to allow a detached garage with reduced setbacks.
- 2021 DV3021 (3511 W 20th St / 1949 N Exeter Ave): Variance of use to allow an addition and temporary two dwellings on one lot.
Discussion Items
1. Case 2021 DV3042 – 6701, 6751, 6801 Acton Road
Petitioner: Gregory D. and Kathy A. Spivey, represented by attorney David Rutherford. Request: Variance of development standards to create four three-acre lots with 148 feet of lot width instead of the required 250 feet in the DA (Agricultural) district. Key Arguments:
- The property is surrounded by similar large-lot developments; the lots are consistent with the surrounding area and the comprehensive plan.
- The project includes shared driveways and commitments for high-quality homes (minimum square footage, no vinyl siding, etc.).
- The Franklin Township Civic League and City-County Councilor supported the proposal.
- A drainage issue on Acton Road would be resolved privately as part of development. Staff Position: Recommended denial, stating that the reduced lot width creates nonconformity and the practical difficulty is self-imposed (they could reduce to two lots to comply). Board Vote: Golson Dunlop (yes), Boshenko (yes), Rollinson (yes), Bohanan (no), Von Dalen (yes) – Approved 4-1.
2. Case 2021 DV3049 – 611 Shelby Street
Petitioner: Calvary Evangelical Lutheran Congregation, represented by Joshua Reefstock and Elmer Flug. Request: Variance to install a 5-foot-tall internally illuminated digital monument sign (140 sq ft) within a protected district. The sign would be 45 feet from a protected residential district (required 600 feet for digital displays). Key Arguments:
- The existing sign was damaged; the new sign would be similar in size but with digital display to allow dynamic messaging and reduce temporary banner use.
- The sign would be dimmed at night and turned off by 11 p.m.; no flashing or motion graphics.
- Southport High School (nearby) has a similar digital sign facing the same neighborhood.
- Letters of support from Councilors Joshua Bain and Paul Anne. Staff Position: Recommended denial; the digital display and illumination are out of character with the neighborhood and no practical difficulty exists. Staff would support a like-for-like replacement without illumination. Board Vote: Golson Dunlop (yes), Boshenko (yes), Rollinson (no), Bohanan (yes), Von Dalen (yes) – Approved 4-1.
Key Outcomes
- Case 2021 DV3042 (Acton Road variance) approved (4-1) subject to commitments including shared driveways, minimum home sizes, and agricultural use preservation.
- Case 2021 DV3049 (Shelby Street digital sign) approved (4-1) subject to petitioner's policy on dimming and shutoff times.
- Continuances and withdrawals handled as noted above, all approved.
- Expedited petitions approved.
- Fee transfer for withdrawn UV3011 approved.
- Adjourned without additional business.
Meeting Transcript
He's on a page in that to meet he's trying to nail everything down. Apparently he's asking to bring time. Well, sixty days or something, so that we can stop right now. I'm not worried about it. I've got it. Jeff has it too. So you uh don't need any thing unless you have something. So that has them all. This 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, Anatoly, Tony Boshenko, Jim Rawlinson, and Roderick Bohanan, an alternate from Division One. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the Division of Planning are Jeffrey York, Senior Planner, Robert Ewenhay, senior planner, Genesis Hill, associate planner, Heather Stephen, the senior specialist and secretary to the board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinances 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 rules of procedure. The expedited cases we 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 names and addresses 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 for the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present the administrators' comments regarding the petition. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal with 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. 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 continue due to 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. 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 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 the 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. 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'll ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact in a single vote rather than vote voting on each petition separately. Do I hear a motion to do so? So moved. Motion from Member Denise Golson Dunlop. Second.
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