2023-04-18 Metropolitan Board of Zoning Appeals Division III Meeting Summary
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2023-04-18 Metropolitan Board of Zoning Appeals Division III Meeting
The Metropolitan Board of Zoning Appeals Division III, chaired by Joanna Taft, met on April 18, 2023, to consider multiple petitions for variances of use, development standards, and special exceptions. The board handled special requests, an expedited docket, and full hearings. Key topics included residential and commercial property modifications, religious use facilities, and signage. Several petitions were approved, denied, or continued.
Special Requests
- 2023 SE3002 (186 South Post Road): Petitioner Kevin Buckhead requested withdrawal of a landscaping modification based on staff recommendation. Withdrawn.
- 2023 DV3-011: Petitioner Cindy Thrasher requested a continuance to May 23, 2023. Approved unanimously.
- 2023 DV3-007 (9539 Prospect Street): Staff requested an 11-day waiver of notice for amended petitions due to an error. Approved unanimously.
- 2023 DV3-012: Staff and petitioner requested continuance and transfer from April 18 BZA3 to May 9 BZA1 for an amendment requiring new legal notice. Approved unanimously.
- 2023 DV3-006 (3650/3652 South Meridian Street): Automatic continuance to May 23, 2023, filed by a neighborhood organization, acknowledged.
Consent Calendar
- 2023 DB3-010 (1040 Jefferson Avenue): Expedited petition approved for a detached garage with a three-foot side setback and encroachment in clear site triangle. Vote: 5-0.
Public Testimony
- 2023 DV3-002 (Felbrum Plaza, 3620 South East Street): Residents Deanna Metzger and Thomas Lorenz (Northwest Perry Neighborhood Association) testified against open dumpsters, citing blight, illegal dumping, and litter. Councillor Kristen Jones (District 16) also opposed, requesting all dumpsters be enclosed. The petitioner’s attorney, Joe Calderan, argued for a three-walled enclosure without a gate but later conceded to add a gate.
- 2023 UV3-007 (Lawrence North High School sign): Neighbor Gary Jones testified against a taller digital sign, citing brightness, distraction, and a green LED color conflicting with a nearby traffic light.
Discussion Items
- 2022 UV3-029 (1009 West Edgewood Avenue): Petitioner James Lewis Hillary sought to expand a semi-tractor repair facility with a new building and addition on property zoned DA (residential). Staff recommended denial, citing insufficient hardship and incompatibility with the residential zone. Vote: 1-4 (Bland yes, Rivera no, Taft no, Binder no, Bohannon no). Denied.
- 2023 DV3-002 (Felbrum Plaza): Petitioner requested a variance to place a trash enclosure in the front yard (National Avenue) with three sides only. Staff recommended approval for front-yard location but denial of three-sided enclosure, and requested a commitment to enclose all dumpsters on site. Neighbors and councilor opposed unenclosed dumpsters. The board imposed a condition requiring a commitment to enclose all dumpsters (both buildings) with a site plan for administrative approval, including landscaping. Vote: 5-0 approved.
- 2023 DV3-007 (9539 Prospect Street, amended): Petitioner Evelyn Yacomb Mazariegos sought variances to store three commercial vehicles (flooring contractor vehicles) and legalize a detached garage with a 4-foot side setback (required 15 feet) built without permits. Staff recommended denial, citing self-created hardship and incompatibility with DA zoning. Vote: 3-2 (Bland yes, Bender yes, Bohannon yes; Taft no, Rivera no). Approved.
- 2023 SE3-002 (186 South Post Road, amended): Petitioner Stephanie Truchon requested a special exception for a religious use facility and a modification of development standards to allow a 47-foot-wide parking area in the front yard (max 30 feet). Staff supported the religious use but opposed the parking width due to safety and aesthetic concerns. Councillor Michael Paul Hart expressed support. The board approved both parts separately: Part A (religious use) vote 5-0; Part B (parking) vote 5-0.
- 2023 DV3-013 (7424 East Washington Street, Crew Car Wash): Petitioner Joe Calderan requested variances for a digital display on an existing pole sign and a height of 24.5 feet (max 20 feet), with community support from Warren Township Development Association and Eastgate Neighborhood Association. Staff recommended denial, citing ordinance prohibitions. Vote: 3-2 (Bland yes, Rivera yes, Bohannon yes; Taft no, Binder no). Approved.
- 2023 UV3-005 (5220 East Minnesota Street): Petitioner Timothy O'Connor sought variances to store a commercial trailer (30 ft, personal use) and a permanent portable storage container. Staff recommended denial, noting the property is zoned D5 residential and no hardship was shown. Vote: 1-4 (Rivera yes; Taft no, Binder no, Bohannon no, Bland no). Denied.
- 2023 UV3-007 (7802 Hague Road, Lawrence North High School): Petitioner Joe Calderan (representing Lawrence Township Schools) sought variances for a 12-foot monument sign with digital display (max 5 feet, no digital within 400 feet of protected district). Staff recommended denial, citing negative impact on neighboring dwellings and that the existing sign could continue. Neighbor Gary Jones opposed. Vote: 0-5. Denied.
Key Outcomes
- Approved expedited petition: 2023 DB3-010.
- Approved with conditions: 2023 DV3-002 (Felbrum Plaza dumpster enclosure with commitment for all dumpsters, landscaping, and administrative plan approval).
- Approved: 2023 DV3-007 (commercial vehicles and garage), 2023 SE3-002 (religious use and parking modification), 2023 DV3-013 (Crew Car Wash sign).
- Denied: 2022 UV3-029, 2023 UV3-005, 2023 UV3-007.
- Continued: 2023 DV3-011 to May 23; 2023 DV3-012 to May 9; 2023 DV3-006 acknowledged for May 23.
- Adjourned: No further business.
Meeting Transcript
This is the 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 Percy Bland, Roderick Bohan Percy. Yay, you're here, Percy. Sorry, my head was down when you ripe. Roderick Bohanan, Paula Angarita Rivera, Rayana Binder Binder. Legal Counselor for the day board today is Chris Steimetz. Staff members presenting today from the Division of Planning are Edri O'Neill Eddie O'Nea, Principal Planner 2, Robert Ulenhake, Senior Planner, Marlene Irahetta, Senior Planner, Alison Richardson, Senior Planner, Heather Steffen, 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 or 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 administrator's comments regarding the petition. 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'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 amendments before reaching a decision on certain petitions. The installation of landscaping screening, the paving and 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 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 full 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. Is there anyone in the audience who has any questions about our procedure? If not, um before we begin with 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. So I need a motion. Bohannon move. I need a second. Bland second. I'll pull the board, Bland. Yes. Bohannon. Yes. Rivera. Yes.
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