Metropolitan Board of Zoning Appeals Division III Meeting - January 16, 2024
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Metropolitan Board of Zoning Appeals Division III Meeting - January 16, 2024
The Metropolitan Board of Zoning Appeals, Division III, met on January 16, 2024, at 6:15 PM. Acting Chair Joanna Taft presided over the meeting with members Roger Bohannon and Rayanna Bender. Due to having only three members present, all votes required unanimity; indecisive votes (2-1) automatically resulted in continuances to the next meeting. The board addressed continuances, withdrawals, expedited cases, and three non-expedited variance petitions.
Consent Calendar
- Expedited Cases: After a waiver of rules of procedure, the board voted on three expedited petitions collectively. All were approved unanimously:
- 2023 DV 2037: Variance of development standards at 8120 Sycamore Road (Town of Williams Creek) for a building addition with reduced front yard setback and open space.
- 2023 UV 2017: Variance of use at 1701 West 18th Street for a daycare facility for children up to 12 years old (limited to under 6).
- 2023 DV 3053: Variance of development standards at 1711 Ringold Avenue for construction of a single-family dwelling with reduced side yard setbacks.
Public Comments & Testimony
- Procedural Inquiry: Robert McIntyre, petitioner for 2023 UV 3026 (4328 East Michigan Street), questioned the continuance process, noting he believed five days' notice was required. Staff clarified that the continuance was granted as a "for cause" request (not automatic) after the deadline, and no opposition was voiced. The board acknowledged the continuance.
Discussion Items
-
2023 UV 1023 – Enterprise Car Rental at 7217 Whitland Drive: Petitioner Joseph Calderon requested a variance of use to operate a car and truck rental facility in a C4 zone. He argued the use is less intense than permitted uses, has support from Pike Township Residents Association and Park 100 South Owners Association, and repurposes a vacant Hardee's building. Staff recommended denial, stating the use is a C7 use not permitted in C4, and no practical difficulty prevents redevelopment with a C4 use. The board voted 2-1 in favor (Taft and Bohannon yes, Bender no), resulting in an indecisive vote and continuance to February 20, 2024.
-
2023 DV 3050 – Fence Height at 805/825 South Kitley Avenue: Petitioner Murray Clark, on behalf of KK Fence, sought a variance to allow an 8-foot tall fence in the front yard (ordinance max 6 feet). The fence had already been installed. The petitioner cited security concerns, community support from Councillor Hart, Warren Township Development Association, and neighbors. Staff recommended denial, noting a 6-foot fence would serve the same purpose and the front yard did not store dangerous materials. The board voted 2-1 in favor (Bender and Taft yes, Bohannon no), resulting in an indecisive vote and continuance to February 20, 2024.
-
2023 DV 3051 – Side Setbacks at 3449 North Kenwood Avenue: Petitioner Tony Hurt initially requested a variance for both a 27-foot front building line and 3-foot side yard setbacks. After staff clarified that the front setback could be reduced to comply with ordinance (19.9 feet max), the petitioner withdrew the front setback request. Staff recommended approval of the side yard variances. The board voted unanimously to approve the side setback variances.
Key Outcomes
- Continuances Granted:
- 2023 UV 3022 (8345 Bash Street) – continued to February 20, 2024, without notice.
- 2023 SE 3005 (6179 East 26th Street) – continued to February 20, 2024, with additional notice.
- 2023 SE 3006 (1140 Dr. Martin Luther King Jr. Street) – continued to February 20, 2024.
- 2023 UV 3024 (2745/2815 Curry Road) – automatic continuance acknowledged.
- 2023 UV 3026 (4328 East Michigan Street) – continued to February 20, 2024 (for cause).
- Withdrawals:
- 2023 DV 3046 (6415 East 82nd Street) – withdrawn, acknowledged.
- 2023 UV 3027 (350 South Midhoffer Road) – withdrawn; refund of $982.75 approved.
- Approvals: All three expedited cases approved unanimously. 2023 DV 3051 (side setbacks only) approved unanimously.
- Indecisive Votes (Continued to Feb 20, 2024): 2023 UV 1023 (Enterprise rental) and 2023 DV 3050 (fence height).
Meeting Transcript
I'm going to call this meeting order. Excuse me, if we can have everybody settle down, we're we're gonna call I'm calling this meeting the order. Um before we begin today's meeting, um, we need to appoint an acting chairperson and an acting secretary for division um three of zoning appeals. Is this are these notes for me? Are we division two? I think we're division three. I'll make okay. So we need an acting chairperson and acting secretary of division three. Um I'm a little bit confused by this. Maybe staff could help us understand. Um, these notes intended for division two. They are not, they were copied and pasted from division two, so any note of division two should just read as division three. Okay. Um, can you help us understand why we're appointing? Is it because we don't have a full board, so we can't have a chair and a secretary? We can only have acting chairs and secretaries. Help but give us some context to this. Well, because there's a new year, there is no permanent and since I wasn't a what I didn't get any confirmation that they were going to be board members. I didn't think we'd have a full board, so it'll be acting for now, and then when we have the full second, great. That context is very helpful. Um I'm willing to serve as acting chair. Um is there anyone else who would prefer to serve as acting chair? Okay. Um, so could there be a nomination? I move that. Yeah, and it's acting chair. Second. Okay. Um now we need to vote to elect Joanna Taft as acting chair. Is hold the board. Yes. Bender, yes. And Taft, yes. Is there any member that wishes to serve as acting secretary? I was secretary, so I'll be secretary. So Rod is volunteering to act as acting secretary. Is there a motion to nominate Rod? I nominate Mr. Bohannon as acting secretary. And I will second that, and then we'll now vote to elect Rod into the acting secretary position. Bender, yes. Taft, yes. Oh, yes. Okay, wonderful. Thank you. Um, this is a public hearing of the Metropolitan Board of Zonia Appeals, Division III. I'm your your um chairperson, acting chairperson of division three. Other board members present today are Roger Perhana to my right, and Rayanna Bender to my left. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Eddie Onea, Principal Planner 2, Robert Ewlin Hake, Senior Planner, Michael Weigel, senior planner, Noah Stern, associate planner, Melanie Evans, acting specialist, and secretary to the board.
openpublica.com