Metropolitan Board of Zoning Appeals Division III Hearing - August 20, 2024
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Metropolitan Board of Zoning Appeals Division III Hearing - August 20, 2024
The Metropolitan Board of Zoning Appeals Division III, chaired by Joanna Taft, convened on August 20, 2024, at 6:15 PM. Board members Percy Bland, Ryanna Binder, and Rod Bohannon were present. Legal counsel Chris Steinmetz and planning staff attended. The hearing addressed continuance requests, expedited petitions, and voted on three variance cases.
Public Comments & Testimony
- Michael Paul Hart, city-county councilor for the district, spoke against a requested continuance for case 2024 UV 3008 (2649 Fisher Road). He stated that a large neighborhood organization opposed the petition, cited safety concerns related to traffic and a nearby bridge on Hunter Road, and noted opposition from a neighboring church. He argued that denying the continuance would save time for all parties.
Discussion Items
- Continuance Request – 2024 UV 3008 (2649 Fisher Road): Petitioner Josh Smith (RG Development) requested a one-month continuance to explore other options and contact neighbors. The councilor and a staff representative indicated no objection to a one-month continuance, though the councilor argued against it. Staff noted that the Warren Township Development Association and an attorney for nearby neighborhoods had indicated support for a one-month continuance. The board voted unanimously (4-0) to continue the case to the September 17, 2024 hearing.
- Automatic Continuances Acknowledged:
- 2024 UV 301 (7941 East 30th Street) – automatic continuance filed by registered neighborhood organization, continued to September 17, 2024.
- 2024 UV 3010 (6332 Massachusetts Avenue) – automatic continuance filed by registered neighborhood organization, continued to September 17, 2024.
- Expedited Docket – Item 7 (2024 UV 3009 at 1049 East Thompson Road): An email of remonstrance was received earlier that day, but no remonstrator appeared. Board decided to keep on expedited docket.
- Withdrawal – Item 8 (2024 UV 3007 at 3304 South Walcott Street): Petition withdrawn by applicant; board acknowledged.
- Withdrawal – Item 9 (2024 UV 3012 at 3628 North Sherman Drive): Staff discovered an existing variance legalizing the proposed use; petition withdrawn; board acknowledged.
- Expedited Docket – Item 6 (2024 UV 3004 at 2308 Shelby Street): Staff noted possible interested party, but no one present; kept on expedited docket.
- Adoption of Minutes: Deferred to next meeting.
Key Outcomes
- Case 2024 UV 3008 (2649 Fisher Road) – Continued to September 17, 2024 by unanimous vote (4-0).
- Expedited Variance Granted – Case 2024 DV 3022 (5870 Hunter Glen Road) – Variance of development standards for a tennis court partially within front yard (24.33 ft setback vs 40 ft required). Unanimously granted (4-0).
- Expedited Variance Granted – Case 2024 UV 3004 (2308 Shelby Street) – Variance of use to operate a tattoo parlor within 55 feet of a protected district. Unanimously granted (4-0).
- Expedited Variance Granted – Case 2024 UV 3009 (1049 East Thompson Road) – Variance of use for dog grooming as a home occupation. Unanimously granted (4-0).
- Meeting adjourned after findings of fact were signed.
Meeting Transcript
I'm gonna call this meeting to order. This is a public hearing of the Metro Metropolitan Board of Zoning Appeals, Division III, and Joanna Taft, Chairperson of Division Three. Other board members present today to my left, Percy Bland, to my right, Ryanna Binder, and Rod Bohannon. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Eddie O'Neill, Principal Planner 2, Robert Ulenhaik, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Senior Planner, and Marty Weiste, 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-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 face their pace 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 on 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 administrators' 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 of the notice signed on the subject property at least 23 days prior to the hearing, the board may continue to 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 and 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 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 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. If your petition receives an indefice indecisive vote today, your petition will automatically be continued to our September 17th hearing. Is there anyone in the audience who has a question about our procedures? If not, we will hear before we hear special requests. I will ask for a waiver of our rules of procedure to allow the board to vote for all expedite 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. I'm going to pull the board. Bohanan. Yes. Binder. Yes. Land. Yes. Taft. Yes.
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