Metropolitan Board of Zoning Appeals Division III Public Hearing - February 21, 2023
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Metropolitan Board of Zoning Appeals Division III Public Hearing - February 21, 2023
On February 21, 2023 at 6:15 PM, the Metropolitan Board of Zoning Appeals Division III convened a public hearing chaired by Joanna Taft, with board members Paula Rivera and Jennifer Witt. Legal Counsel Chris Steinmetz and planning staff were present. The board considered multiple variance and special exception requests, including expedited approvals and a full hearing for a property at 6039 South Harding Street.
Consent Calendar
- Expedited Requests Granted: The board approved moving the following cases to the expedited docket: 2023 DV3001 (5505 and 5855 Brookville Road), 2023 DV3004 (10220 East Washington Street), 2022 DV3056 amended (4411 East Thompson Road, with commitment to remove storage shed within six months), and 2022 UV3037 (1410 East Epler Avenue, with commitments agreed).
- Continuances Granted: The board granted continuances to the March 21, 2023 hearing for: 2022 UV3039, 2023 UB304, and 2022 DV3046 (1321 Sturm Avenue, with withdrawal of part A and noted as last continuance). Automatic continuances filed by registered neighborhood organizations were acknowledged for: 2023-DV3-005 (7548 East Washington Street), 2023-UV3-003 (3146 and 3202 Arbor Street), 2023-DB3-003 (1739 and 1795 North Shadeland Avenue), and 2023-DV3-002 (3620 Southeast Street).
- Withdrawal Acknowledged: Petition 2022 DV3049 (2315 North Spencer Avenue) was withdrawn.
- Expedited Docket Approval: By unanimous vote, the board approved all six petitions on the expedited docket subject to conditions and commitments: 2023 SE3001 (7201 Pendleton Pike, extra large retail sales and service facility special exception), 2023 UV3002 (5825 East 38th Street, boxing gym variance of use), 2023 DV3001 (Brookville Road, variance for parking and loading areas), 2023 DV3004 (East Washington Street, variance for integrated center with drive-through), 2022 DV3056 amended (East Thompson Road, variance for detached garage height), and 2022 UV3037 (East Epler Avenue, variance for union training facility).
Public Comments & Testimony
- Linda Waits (petitioner and co-owner of 6039 South Harding Street) testified in support of the variance. She explained that the carport and mini barn were placed on an existing concrete pad to protect vehicles, that the property is in a flood zone and has a septic system limiting backyard use, and that they are willing to lower the carport height below the house roofline.
- David Freeman (remonstrator, owner of commercial properties at 1502 and 1540 West Edgewood) spoke in opposition. He expressed concern that the violations and appearance of the structures would negatively impact property values in the area and set a bad precedent. He suggested that removal or relocation of the carport and recreational vehicle would be a compromise.
Discussion Items
- Case 2023 DV3006 (6039 South Harding Street): The board heard a variance of development standards request for a carport taller than the primary building and a mini barn located in the front yard, among other violations. Staff recommended denial, stating that the practical difficulties are self-imposed and that the backyard could accommodate the structures. The petitioner argued that the backyard is constrained by a septic system and flood zone. The remonstrator reiterated concerns. During deliberation, board members discussed the possibility of compromise. The petitioner offered to lower the carport height.
Key Outcomes
- Expedited Petitions Approved: All six expedited petitions were approved unanimously with conditions.
- Case 2023 DV3006 Continued: The board vote resulted in one yes (Witt) and two no votes (Taft and Rivera). Because a unanimous vote is required for a three-member board, the petition was automatically continued to the March 21, 2023 hearing without additional notice. The board encouraged the petitioner to work with staff and the remonstrator before the next hearing.
- Continuances and Withdrawals: Several cases were continued or withdrawn as listed in the Consent Calendar.
Meeting Transcript
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 today are Paula Rivera, who's new, and this is her first um we're welcoming her to the board today. And Jennifer Witt, who's an alternate serving from Division One. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today of the from the division of planning are Edward Onea, Senior Principal Planner 2, Robert Eulenha, Senior Planner, Marlene Irahetta, Senior Planner, Alison Richardson, Senior Planner, Brendan Badger, Senior Planner, Tamara Wisdom, Hearing Specialist, and Heather Stephens, 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 for 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 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 on the notice sign 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 amendments before reaching a decision on certain petitions. The installation of landscaping screening, the paving of parking area, and the 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 opposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an approvement 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 violation, is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of a 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. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Please note that today we have a three-member board. So all three of us must uh vote the same way or else the case has to be heard again next month. So if you want to ask for continuance, we would entertain that. Um and you can do that as in a minute. So before we hear special requests, I will ask for a waiver of our uh rules of procedure to allow the board to vote for all expedited petitions and to adopt the findings of fact without any additional testimony from the individual petitioners. So is there a motion? Wit and so moved. Is there a second? Just say your last name and second. Rivera. Rivera second. Okay. And say second. Second. Um, and now I'll ask for vote.
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