Metropolitan Board of Zoning Appeals Division III Public Hearing - July 16, 2024
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Metropolitan Board of Zoning Appeals Division III Public Hearing - July 16, 2024
The Metropolitan Board of Zoning Appeals Division III held a public hearing on July 16, 2024, chaired by Joanna Taft. The board considered procedural waivers, continuances, three expedited variance petitions, and two contested variance requests. Staff provided recommendations, and petitioners presented their cases.
Procedural Matters
- A six-day waiver of notice was granted for petition 2024-DV3-020 (1825 Marlowe Ave) due to staff error.
- A five-day waiver of sign and notice was granted for petition 2024-DV3-019 (901 Campbell Ave) due to late staff mailing.
- An automatic continuance was acknowledged for an unnamed petition to the August 20, 2024 hearing.
- Petition 2024-UV3-007 (3304 South Walcott St) was continued to August 20, 2024 due to non-payment of fees.
Expedited Docket (Consent Calendar)
The board voted on three expedited variances after a unanimous motion to waive rules:
- 2024-DV3-018 (3805 Southeast St): Variance for a 10-foot tall monument sign. Granted unanimously (5-0).
- 2024-DV3-019 (901 Campbell Ave): Variance for a zero-foot side setback for an addition. Granted 4-0-1 (Rod Bohannan abstained).
- 2024-DV3-020 (1825 Marlowe Ave): Variance for a three-unit townhome with a reduced rear setback. Granted unanimously (5-0).
Discussion Item: Carriage House Variance (2024-DV3-015)
Petitioner: Joseph Calderon, representing Juan Guardado, sought a variance to legalize a one-foot south side yard setback for a detached carriage house at 2522 South Pennsylvania St. Calderon argued the lot is narrow (38 ft width), the neighborhood has many non-conforming structures, and the structure was built without permits due to misunderstanding. Commitments included no additional dwelling unit and no commercial activity. Staff Position: Recommended denial, citing construction without permits, violation case VIO-23-003575, building code non-compliance, and potential for an illegal third dwelling unit. Vote: 4-1 in favor (Binder dissenting). Variance granted with commitments.
Discussion Item: Use Variance for Equipment Sales (2024-UV3-005)
Petitioner: Michael Rabinovich for Equipment Share, for property at 6901 East 38th St. Requested a narrow variance to operate advanced solutions (low-profile equipment) and tooling divisions, excluding heavy construction equipment. Presented a site improvement plan and a unanimous letter of support from the Warren Township Development Association. Staff Position: Recommended denial, arguing the use is more intense than permitted in C5, inconsistent with the Transit Oriented Development corridor, involves heavy truck traffic, and the site had been used for heavy equipment until July 1, 2024. Vote: 1-3 (Bohannon in favor; Taft, Hannon, Bland opposed; Binder not voting). Variance denied.
Key Outcomes
- Three expedited variances were granted.
- One variance for a carriage house was granted (4-1).
- One use variance was denied (1-3).
- Procedural waivers and continuances were approved.
- The board adopted findings from previous hearings.
The meeting was then adjourned.
Meeting Transcript
I'm gonna 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 are Rihanna Binder, Rod Bohannan, and Brian Hannon. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neah, Principal Planner 2, Robert Ulenhaik, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Senior Planner, Melody Evans, Acting Specialist and Secretary of the Board, and Marty Weistie, Acting Specialist and Secretary of the Board. I would like to mention that Percy Bland has just joined us, and we're grateful for his presence. He's a great board member. 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 and with 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 will be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter, 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 to have the petitioner 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 imposed by the board must be approved 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 the 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 the public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. If your petition receives an indecisive vote today, your petition will be automatic automatically continued to the August 20th, 2024 hearing. Is there anyone in the audience who has any questions about our procedure? And 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 the 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 must pull the board. Bohannon. Yes. Bland. Yes. Binder.
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