Metropolitan Board of Zoning Appeals Division III Hearing - October 17, 2023
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Metropolitan Board of Zoning Appeals Division III Hearing - October 17, 2023
The Metropolitan Board of Zoning Appeals Division III held a public hearing on October 17, 2023, at 6:15 PM. Chairperson Joanna Taft presided over the meeting with members Percy Bland Jr., Roderick Bohanan, and a fourth member (Rivera) present. The board heard special requests, expedited petitions, and one contested variance of use petition. The board voted on expedited items without testimony and approved a variance of use for Thomas Loudermilk with conditions.
Special Requests & Continuances
- Three-day waiver (2023 DV3038): Granting a three-day waiver from the legal notice requirement for petition 2023 DV3038 (2434-2444 Winthrop Avenue). Staff had no objections. The board voted unanimously to approve the waiver.
- Continuance (2023 UV3017): The petitioner requested a continuance to November 28, 2023, due to new findings from the tax assessor's office and a disparity between site plans. Staff supported the continuance. The board voted unanimously to continue to November 28, 2023, with additional notice if needed.
- Continuance (2023 DV3028): The petitioner requested a continuance to November 28, 2023. Staff had no objections. The board voted unanimously to continue.
- Continuance (2023 DV3035): Staff noted that the petitioner did not meet the notice deadline and requested a continuance to November 28, 2023. No audience opposition. The board voted unanimously to continue.
Expedited Docket
- 2023 DV3037 (2519 Guilford Avenue): Request for variance of development standards to construct a duplex on a 40-foot wide lot (60-foot lot width required). No opposition. The board voted to approve the petition based on staff reports, without additional testimony.
- 2023 DV3038 (2434-2444 Winthrop Avenue): Request for variance of development standards to construct a townhome community with reduced rear yard setbacks and livability space ratio. No opposition. The board voted to approve the petition based on staff reports, without additional testimony.
Public Comments & Testimony
- Petitioner Thomas Loudermilk (2023 UV3020): Through representative Tabitha Ayers, Loudermilk described his 44-year farming operation, the need for dump trucks, flatbed trucks, and trailers exceeding 12 feet for farming and excavation work. He stated that his vehicles are plated as farm vehicles, he does not operate excavation from his residence, and he rents heavy equipment only for off-site jobs. He emphasized that the variance is needed to continue his livelihood and care for his son. He expressed willingness to limit the scope of the business and to have the variance tied to him personally.
- Supporters: Nicole Woods, Ben Adams, and Gary Vandever spoke in support of Loudermilk, citing his community contributions, neighborly assistance, and the compatibility of his operation with the surrounding area.
Discussion Items
- 2023 UV3020 – Thomas Loudermilk: The board considered a variance of use to operate a landscape/excavation business with outdoor storage of trucks, equipment, and materials in a DA (dwelling agriculture) zone. Staff recommended denial, citing that the excavation business is not permitted by right, the plan of operation was ambiguous, and such uses tend to grow beyond approved scope. Staff noted that the property was zoned for farming, but the excavation component required a variance. The petitioner clarified that he does not store heavy excavation equipment on site and that his vehicles are registered as farm vehicles. The board discussed potential conditions, including a revised plan of operation limiting the number of employees and vehicles, restricting commercial signage, and making the variance personal to the petitioner. The petitioner requested removal of the signage condition, which the board accepted.
Key Outcomes
- Vote on 2023 UV3020: The board voted 4-0 to approve the variance of use with two commitments: (1) the petitioner must submit a revised plan of operation to staff that limits the scope of the excavation business, including number of employees and vehicles; (2) the variance is personal to Thomas Loudermilk and does not run with the property. The petition was continued for adoption of revised findings of fact.
- Adoption of Findings of Fact: The board adopted revised findings of fact for petition 2023 DV3033 (from the September 19, 2023 hearing) and negative findings of fact for petition 2023 UV3003. The board also approved the minutes from the September 19, 2023 hearing.
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 Three. Other board members present to my right, Percy Bland Jr. And to my left, Roderick Bohanan. We are expecting a fourth board member who will be arriving a little bit late in about 10 more minutes. We will have a board of four today, and I'll talk about more about that later. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie Honeya, Principal Planner 2, Robert Eulenhake, Senior Planner, Noah Stern, Associate 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 for continuances or withdrawals. As each non-expeditation 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 should 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 should have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present administrators' 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 of parking area, and the dedication of rights of way 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 prior to the establishment of the authorized improvements. Failure to comply with any at 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 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 procedures? If not, um 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. So I need a motion. Bohan is so moved. I need a second. Bland second. I'll now ask for a vote. A vote. Bland. Yes. Oh Hanna, yes. Yes.
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