Metropolitan Board of Zoning Appeals Division III Meeting - December 17, 2024

The Metropolitan Board of Zoning Appeals Division III held a public hearing on December 17, 2024, at 1:00 PM in the Public Assembly Room, City-County Building. The board addressed multiple petitions including continuances, withdrawals, waiver requests, and full hearings on variances and special exceptions. The meeting was chaired by Joanna Taft, with board members Brian Hannon, Percy Bland, Rod Bohannon, and Rihanna Bender present. Staff recommended denial on several petitions, but the board granted variances in multiple cases.

Consent Calendar

• 2024-MO3-001 (8645 E 25th St): Automatic continuance filed by a registered neighborhood organization to January 21, 2025 hearing – acknowledged.
• 2024-DV3-033 (2731 Columbia Ave): Petitioner withdrew – acknowledged.
• 2024-SE3-003 (9910 E Washington St): Automatic continuance to January 21, 2025 – acknowledged.
• 2024-UV3-015 (1311 & 1315 Standish Ave): Petitioner withdrew – acknowledged.
• 2024-UV3-017 (8949 E Washington St): Continuance requested by petitioner to January 21, 2025 for further neighborhood engagement – granted.
• 2024-UV3-019 (4033 E Southport Rd): Continuance requested by petitioner to January 21, 2025 (originally intended to withdraw but agreed to continuance due to lack of staff report) – granted.
• 2024-DV3-034 (2739 Columbia Ave): Petitioner withdrew – acknowledged.
• Waivers of Notice: Granted for late notices: 2024-DV3-039 (9 days), 2024-UV3-018 (7 days), 2024-DV3-038 (9 days), 2024-DV3-036 (9 days), 2024-DV3-035 (9 days) – all waived.

Public Comments & Testimony

• 2024-UV1-022 (Rancho Enterprises, 9111 Crawfordsville Rd): Mark Crouch, petitioner, argued that the plumbing contractor business has operated without disturbance for two years, and that the town of Clermont supports the use with three commitments (personal to petitioner, no outdoor storage, shed as approved). Robert Lutz, attorney for the Town of Clermont, stated the town supports the variance with those conditions. Staff recommended denial, citing incompatibility with the Village Mixed-Use comprehensive plan and concern about expansion. No other remonstrators appeared.
• 2024-DV3-035 (6301 McFarland Rd): Royce Cole, property owner, requested a 21-foot setback (30 required) for an attached garage, citing a need for line-of-sight security to the existing detached garage and to avoid major roof reconstruction. Richard Wilson, president of Perry Manor HOA, testified that the HOA board did not take a formal position and left the decision to the city. Remonstrators Russell McMahon and Dave Salomone spoke against, arguing precedent and that the property could accommodate the garage within setbacks.
• 2024-DV3-036 (1541 W Thompson Rd): Cindy Thrasher, petitioner, requested a 25-foot-tall pole sign (max 20 feet) for a gas station at the busy intersection of Harding and Thompson. She argued the business is less visible after the new SR 69 alignment. No remonstrators spoke. Staff recommended denial, stating a pylon sign (up to 25 feet) is an alternative and that the request is self-imposed.
• 2024-DV3-038 (1502 Pleasant St): Anthony Walters, property owner, requested a variance to allow a 4-foot-tall fence (permitted 3.5 feet) and an encroachment within the clear sight triangle at the intersection of Spruce and Pleasant Streets. He explained the fence was constructed after an initial city inspection found no violation, but a later inspector cited issues. No remonstrators appeared. Staff recommended denial due to safety concerns from the clear sight triangle encroachment and the fence height exceeding limits.

Discussion Items

• 2024-UV1-022 (Rancho Enterprises): Full hearing. Petitioner emphasized community support and commitments. Staff argued the commercial contractor use is not appropriate for the Village Mixed-Use corridor and that the applicant failed to meet findings of fact. The board granted the variance with the three commitments from the town.
• 2024-DV3-035 (Cole garage): Full hearing. Petitioner argued the corner lot creates a practical difficulty; remonstrators opposed setting a precedent. Staff found no practical difficulty as the garage could be relocated to meet setbacks. The board denied the variance (4-1, Hannon in favor).
• 2024-DV3-036 (pole sign): Full hearing. Petitioner noted visibility issues; no opposition. Staff denied due to available alternatives (pylon sign). Board denied (4-1, Bohannon in favor).
• 2024-DV3-038 (fence): Full hearing. Petitioner relied on earlier inspector approval and argued safety is not compromised because Pleasant Street is one-way. Staff emphasized the clear sight triangle prohibition and need for an encroachment license. Board granted the variance unanimously (5-0).
• Expedited Items (approved without additional testimony):
  • 2024-DV3-029 (405 Fintail Dr): Variance for a 20.87-acre motor truck terminal (max 10 allowed). Staff recommended approval with three commitments. Petitioner Brian Tuohy requested slight language modifications. Granted unanimously.
  • 2024-UV3-018 (975 Hosbrook St): Variance to permit limited C-1 commercial uses (e.g., business school, medical office) in D-8 zone. Staff recommended approval subject to a list of permitted uses. Granted unanimously.
  • 2024-DV3-039 (2806 & 2802 Washington Blvd): Variance for two four-unit apartments with increased front yard setback (27 ft vs 19.9 max) and reduced side setback (5.8 ft vs 8). Initially had remonstrators but after discussion, remonstrators withdrew, and case was moved to expedited docket. Granted unanimously.

Key Outcomes

• 2024-UV1-022 (Rancho Enterprises): Variance granted (4-1; Bland, Bohannon, Binder, Taft in favor; Hannon opposed) subject to three commitments: personal to petitioner, no outdoor storage, shed as approved.
• 2024-DV3-035 (Cole garage): Variance denied (1-4; Hannon in favor; Bland, Taft, Bohannon, Binder opposed).
• 2024-DV3-036 (pole sign): Variance denied (1-4; Bohannon in favor; Hannon, Bland, Taft, Binder opposed).
• 2024-DV3-038 (fence): Variance granted (5-0) for 4-foot fence and clear sight triangle encroachment, subject to obtaining an encroachment license from BNS.
• 2024-DV3-029 (truck terminal): Variance granted (5-0) with commitments to preserve northern landscaping, limit terminal to 20.87 acres, and coordinate trail connection with DPW.
• 2024-UV3-018 (975 Hosbrook): Variance granted (5-0) to permit specified C-1 uses only.
• 2024-DV3-039 (Washington Blvd apartments): After moving to expedited, variance granted (5-0).