Metropolitan Board of Zoning Appeals Division III Public Hearing - May 24, 2022
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Metropolitan Board of Zoning Appeals Division III Public Hearing - May 24, 2022
The Metropolitan Board of Zoning Appeals (BZA) Division III convened on May 24, 2022, at 6:00 PM for a public hearing to consider requests for continuances, placement on the expedited docket, and votes on several variance petitions. The meeting was chaired by Vice Chairperson Percy Bland Jr., with board members Rodrick Bohannan, Cameron Radford, Brian Hannon, and alternate Peter Nelson. Legal counsel was provided by Chris Steinmitz, and staff from the Division of Planning presented recommendations.
Special Requests and Continuances
- 2022 DV2004 (5345 West 81st Street): Petitioner Joe Calderin requested placement on the expedited docket after reaching agreement with staff on a revised landscape plan (dated May 19, 2022) and receiving a recommendation of approval from the Pike Township Residents Association. The board voted unanimously to expedite the case.
- 2022 DV3004 (7557 Shelby Street): Petitioner Joe Calderin requested a continuance to June 21, 2022, without additional notice, citing ongoing negotiations with an adjoining property owner. Staff had no objection, and the board voted unanimously to continue.
- 2022 DV3016 (6435 East 11th Street): Petitioner Chris Barnett of Habitat for Humanity requested withdrawal of the compensatory storage variance and placement on the expedited docket. Staff had no objection, and the board voted unanimously to expedite.
- 2022 DV3009 (8630 Brookville Road): Petitioner David Kingan requested a continuance to June 21, 2022, with additional notice, because a component of the request had not been properly advertised. Staff supported the request, and the board voted unanimously to continue.
- 2022 UV3005 (No address given): Petitioner Pat Rooney requested a two-month continuance to allow for removal of approximately 30 vehicles. Remonstrator Thomas Lorenz (Northwest Perry Neighborhood Association) did not object. Staff initially supported only one month but agreed to two months after the remonstrator's consent. The board voted unanimously for a two-month continuance with notice if needed.
- 2022 UV3008 (10195 East 86th Street): A timely automatic continuance request from a registered neighborhood organization was acknowledged, moving the case to June 21, 2022.
- 2022 UV3010 (7500 East 30th Street): A timely automatic continuance from a registered neighborhood organization was acknowledged, moving the case to June 21, 2022.
- 2022 UV3014 (7715 East 42nd Street): A timely automatic continuance from a registered neighborhood organization was acknowledged, moving the case to June 21, 2022.
- 2022 UV3015 (511 Madison Avenue): A timely automatic continuance from a registered neighborhood organization was acknowledged, moving the case to June 21, 2022.
- 2022 UV3009 (2650 North Franklin Road): A timely automatic continuance from a registered neighborhood organization was acknowledged, moving the case to June 21, 2022.
- 2022 UV3011 (175 Southern Plaza Drive): A timely automatic continuance from a registered neighborhood organization was acknowledged, moving the case to June 21, 2022.
- 2022 UV3013 (203 West Morris Street): A timely automatic continuance from a registered neighborhood organization was acknowledged, moving the case to June 21, 2022.
- 2022 DV3017 (2826 North New Jersey Street): The petitioner requested a continuance to June 21, 2022, with notice if needed. Staff confirmed the request required a vote; the board voted unanimously to continue.
- 2022 DV3014 (address not specified): A timely automatic continuance by the petitioner was acknowledged, moving the case to June 21, 2022.
Expedited Docket and Votes
Three petitions were placed on the expedited docket and voted on by ballot after the board waived its rules of procedure. All votes were unanimous (5-0) in favor:
- 2022 DV3015 (1421 Using Road, Warren Township): Variance to allow an 18-foot tall detached pole barn with a 15-foot side setback and allow double-loaded/single-loaded parking within 40.75% of front setback area.
- 2022 DV2004 (5345 West 81st Street): Variance subject to the revised landscape plan dated May 19, 2022.
- 2022 DV3016 (6435 East 11th Street): Amended petition withdrawing the compensatory storage variance; remaining variance approved.
Key Outcomes
- All continuance and expedite requests were approved unanimously, with the board acknowledging automatic continuances as routine.
- The three expedited petitions (2022 DV3015, 2022 DV2004, and 2022 DV3016) were approved by a 5-0 vote.
- The meeting concluded with a farewell to board member Brian Hannon, who was attending his last hearing due to moving out of his appointing township. The board expressed appreciation for his service.
- No public comments or testimony on substantive variance criteria were presented; all discussion was procedural.
Meeting Transcript
Well, with that being the case, I'm gonna go ahead and call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I am Percy Bland Jr., Vice Chairperson of Division III. This is my first time doing this, so I will respectfully ask for you all's patience. Um the other board members present are Roderick Bohannan, Cameron Radford, Brian Hannon, and alternate from Division 1, Peter Nelson. Legal counsel for the board today is Chris Steinmitz. Staff members present from the division of planning are Eddie Henea, Principal Planner, Senior Planner Jeffrey York, Senior Planner Robert Ulanaik. I think he's present. No, senior planner Marlene Auraita, associate planner Genesis Hill, and Senior Specialist and Secretary to the Board, Heather Stiffen. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinances that will be incorporated by reference into the record for each case heard today. The 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 for the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present the administrators' comments regarding that 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 be then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement. No further evidence, statements, or argument 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 procedure, including posting of the notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition. Anyway, anyone at this hearing who thinks complete and proper notice has not been given and would like the petition to be continued due to lack of proper notice, must bring this to the matter of 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, paving of a parking area, dedication of rights away 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 conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specify an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any of the conditions or commitments of a variance grant is violation enforceable by the Department of Business and Neighborhood Services. 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 as a reference to the board petitions 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. Please be courteous and orderly at all times. Please be sure all cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedures? If not, 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 adopt their findings of fact without any additional testimony from the individual petitioners. I'll need a motion. Bohannon is so moved. We have a second. Hannon second. I'll go ahead and ask for a vote vote. Bohanan. Bohannon, yes. Radford. Yes.
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