Metropolitan Board of Zoning Appeals Division III Public Hearing - August 16, 2022
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Metropolitan Board of Zoning Appeals Division III Public Hearing - August 16, 2022
The Metropolitan Board of Zoning Appeals Division III held a public hearing on August 16, 2022 at 6:15 PM, chaired by Joanna Taft, with board members Bart Brown, Rodrigue Bohanan, and Percy Bland Jr. present. The hearing addressed continuances, expedited petitions, and non-expedited cases involving variances for land use and development standards. Key decisions included the approval of one petition and several continuances due to indecisive votes or requests for additional time.
Continuances and Transfers
- 2022 DV3025 (4639 Myrtle Lane): Continued and transferred to September 13, 2022 (Division 2) to allow petitioner to prepare an amended site plan. Staff had no objection.
- 2022 UV3018 (7801 East 38th Street): Continued to September 20, 2022 (Division 3) after petitioner requested more time and remonstrators (Mayor James Cooney of Southport) expressed opposition but staff had no objection.
- 2022 UV3019 (1245 Harding Court): Continued to September 20, 2022 without objection.
- 2022 UV3024 (3415 English Avenue): Continued to September 20, 2022 to allow further neighborhood discussions.
- 2022 DV3034 (1316 North Tacoma Avenue area): Continued to October 18, 2022 per agreement between petitioner and remonstrator.
- 2022 DB3035 (3225 South Meridian Street): Acknowledged automatic continuance to September 20, 2022.
- 2022 DV3018 (24 East Street, Southport): Continued to September 20, 2022 as final continuance staff would support, pending revised elevation and site plans due by September 6.
- 2022 UV3015 (511 Madison Avenue): Petition withdrawn, acknowledged by board.
- 2022 UV3022 (830 River Avenue): Automatic continuance acknowledged to September 20, 2022.
Expedited Petitions (Approved Unanimously)
- 2022 DV3026 (1815-1835 North Meridian Street): Variance for six-story mixed-use building height and setbacks. Approved (4-0).
- 2022 DV3032 (140 East Southport Road): Variance for pole barn height exceeding primary structure. Approved (4-0).
- 2022 DV3033 (5970 South Belmont Avenue): Variance for off-premise advertising sign height and spacing. Approved (4-0) after Board Member Brown corrected his ballot to 'yes'.
Discussion Items and Votes
2022 UV3020 (4840 South Meridian Street) - Ideal Auto Sales LLC
- Request: Variance of use (C3 to C5) for automobile sales, with setback and landscaping variances.
- Petitioner (Daniel Rosello and Brian Collins): Argued the site cannot be used for residential (underground fuel tanks), auto sales would improve the property, and they offer low-cost vehicles to the community. Committed to a maximum of four inoperable vehicles on site and that the variance would apply only to Ideal Auto Sales.
- Staff: Recommended denial, citing incompatibility with surrounding single-family homes, lack of due diligence, and that the variance would outlast the current tenant. Staff noted the site could be used for other allowed C3 uses.
- Vote: 2 yes (Bland, Taft) - 2 no (Brown, Bohanan). Indecisive; petition continued to September 20, 2022.
2022 DV3031 (6619 East 43rd Place) - Alfred and Louise Popper
- Request: Variance for a carport front setback of 12 feet (25 ft required). The carport was built without a permit.
- Petitioner (Alfred Popper): Stated he built it for his disabled tenant and was unaware of permit requirements; willing to pay penalties.
- Staff: Recommended denial, noting no practical difficulty and the carport is unique in the neighborhood.
- Vote: 2 yes (Brown, Bohanan) - 2 no (Bland, Taft). Indecisive; continued to September 20, 2022.
2022 UV3021 (4301 West Southport Road) - Lawler Trucking LLC
- Request: Variance for indoor/outdoor truck storage and maintenance in a DA district and floodway fringe.
- Petitioner (Jason Lucking): Argued use is mobile and can be moved in a flood; barbed wire fencing will be removed; no hazardous materials.
- Staff: Recommended denial because the use is prohibited in floodway fringe and incompatible with comprehensive plan; potential environmental harm.
- Vote: 2 yes (Brown, Bohanan) - 2 no (Bland, Taft). Indecisive; continued to September 20, 2022.
2022 UV3023 (4071 South Keystone Avenue) - Downey Home Association (Knights of Columbus)
- Request: Variance for an event center as ancillary use to a fraternal lodge in C3 district.
- Petitioner (Pat Rooney): Presented commitments: event center only ancillary to Knights of Columbus, redevelopment per site plan (closing drive-thru, adding parking), and preserving landscaping. Maximum occupancy reduced to 76.
- Support: Letters from State Senator Jack Sandlin, Councilor Michael Dilk, neighbors; testimony from Councilor Paul Anne.
- Staff: Recommended denial based on original submission (no hardship, potential noise/traffic). Noted staff had not reviewed amended documents.
- Vote: 4 yes (Taft, Bland, Brown, Bohanan). Approved, subject to written commitments to be recorded.
Key Outcomes
- Approved: 2022 DV3026, DV3032, DV3033 (expedited), and 2022 UV3023 (Knights of Columbus event center).
- Continued to September 20, 2022: 2022 UV3020, DV3031, UV3021 (indecisive votes); also continuances granted for UV3018, UV3019, UV3024, DV3018.
- Continued to October 18, 2022: 2022 DV3034.
- Transferred to September 13, 2022: 2022 DV3025.
- Withdrawn: 2022 UV3015.
- Board acknowledged automatic continuance for 2022 DB3035 and 2022 UV3022.
- Reagan Outdoor Advertising petitions (UV3009, UV3010, UV3011, UV3014): Transferred to Division 1 on October 4, 2022 due to board member conflicts and heavy docket.
- Procedure: Board adopted waiver of rules for expedited petitions. Board also approved a waiver to allow a modification of commitments (2009 UV1025) to be heard by Divisions 1 or 2 due to township representation changes.
Note: Meeting adjourned after approval of findings for 2022 UV3023.
Meeting Transcript
I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division III. I'm Joanna Taft, Chairperson of Division III. Other board members present to my left are Bart Brown and Rodrigue Bohanan. And to my right, Percy Bland Jr. Legal Counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie Honeya, Principal Planner 2, Jeffrey York, Senior Planner, Robert Eulenhake, Senior Planner, Marlene Irehetta, Senior Planner, Genesis Hill, Associate Planner. Heather Stefan, 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 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 tend 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 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 administrator's 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 further evidence, statements, or arguments will be heard unless it's 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. 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 this matter to the board's attention at the beginning of the hearing. The board may impose various conditions or commitments as as amendments before reaching the decision on certain petitions. The installation for landscaping screening, the paving of parking area, and the dedication of rights away or examples. These conditions and commitments are an integral part of the board's decision and must be met for a grant of variance to be valid. Compliance with the 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 grant 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 contact information and a contact correct mailing address and reference to the board's petition number. Forms may be available are available and may be obtained from the board's 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, and please be sure all cell phone ringers are turned off. Please note that there are only four board members present today. If your request will need three votes to take action on a request. If an indecisive vote occurs, your petition will be automatically continued to the next hearing of the board. We will take this into consideration when hearing special requests. Is there anyone in the audience who has questions about our procedure? If not, um 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 in fact without any additional testimony from the individual petitioners. So I need a motion from the board. Bohan is so move. I need a second. Second. I'll now ask for a vote. Bland. Bland, yes.
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