Metropolitan Board of Zoning Appeals Division 3 Public Hearing - September 16, 2025
Metropolitan Board of Zoning Appeals Division 3 Public Hearing - September 16, 2025
On September 16, 2025, at 6:15 PM, the Metropolitan Board of Zoning Appeals Division 3 convened for a public hearing. Chairperson Joanna Taft presided, with board members Rod Bohannon, Brianna Bender, Percy Bland, and Brian Hannon present. Legal counsel Chris Steinmetz and planning division staff attended. The meeting addressed approval of previous minutes, several continuance requests, an expedited docket, and three public hearings.
Consent Calendar
- Approval of August 19, 2025 Meeting Minutes: Motion by Bohannon, second by Hannon. All present members (Hannon, Bland, Bohannon, Bender) voted yes. Chair Taft was not present at the August meeting and did not vote. Approved.
Special Requests and Continuances
- 2025 DV3028 (1305 Lichenberg Road): 30-day continuance to October 21, 2025, without new notice. Unopposed. Motion by Bohannon, second by Bland. Unanimous.
- 2025 DV3025 (980 South Kentley Avenue): 30-day continuance to October 21, 2025, without new notice. Unopposed. Motion by Bohannon, second by Hannon. Unanimous.
- 2025 UV3026 (2901 North Coast Road): 30-day continuance to October 21, 2025, without new notice. Unopposed. Motion by Bohannon, second by Hannon. Unanimous.
- 2025 UV3018 (7802 Haig Road): Moved to the top of the public hearing section by request of Councilor Dan Boots. Motion by Hannon, second by Hannon. Unopposed. Approved.
- 2025 UV3023 (125 South Bonner Avenue): Three-day notice waiver granted. Motion by Bohannon, second by Hannon. Unanimous.
- 2025 DV3030 (12226 McDougal Street): Three-day notice waiver granted. Motion by Bohannon, second by Hannon. Unanimous.
- 2025 DV3016: Third continuance to October 21, 2025, without new notice. Staff conditionally supportive as first request under new representation. Motion by Bohannon, second by Hannon. Unanimous.
- 2025 DV3029: One-month continuance to October 21, 2025, without new notice. Staff amenable. Motion by Bohannon, second by Hannon. Unanimous.
- 2025 DV3023 (3640 North Post Road): Withdrawal acknowledged.
- 2025 DV3031 (143 Washington Point Drive): Continuance to October 21, 2025, with new notice to amend variance language. Motion by Bohannon, second by Hannon. Unanimous.
- 2025 SE2003 (21 Virginia Avenue): Continuance to October 21, 2025, without new notice. Motion by Bohannon, second by Bland. Unanimous.
- 2025 DV3020 (4102 Madison Avenue): Continuance to October 21, 2025, without new notice. Motion by Bohannon, second by Hannon. Unanimous.
Expedited Docket
Four petitions voted on together: all granted unanimously (5-0).
- 2025-DV3-001 (8455 US 31): Modification of grant for field elevation.
- 2025-UV3-021 (4038 & 4040 Otterbean Avenue): Variance for second primary building with reduced side and rear setbacks.
- 2025-UV3-025 (3005 Carson Avenue): Variance for monument sign and canopy sign with digital display.
- 2025-UV3-027 (2955 North Meridian Street): Variance for surface parking area improvements.
Public Hearings
Case 2025-UV3-018 – 7802 Haig Road (MSD Lawrence Township)
Petitioner: Joseph D. Cauldron representing Metropolitan School District of Lawrence Township. Requested a variance to install a 12-foot tall monument sign with a 40 sq. ft. digital display (5-foot height and digital display prohibited within 400 feet of protected districts). The proposed sign would replace a similar sign approved in 2006. Petitioner offered eight commitments: turning off the sign one hour after sunset or by 10 PM, freezing messages during rush hours, and moving the sign 175 feet north from the original plan. Councilor Dan Boots (District 3) spoke in support, citing commonality of digital signs at schools and the minimal change from the previous sign.
Remonstrators: Scott Thien (Eagle Nest Property Owners Association) requested the sign be moved further north (465 feet to the northern entrance) and that all association members be included in enforcement of commitments. Gary Jones (7701 Hague Road) spoke against, citing safety concerns for pedestrians and drivers; he noted distracted driving risks and a prior denial of a similar variance in 2023. He provided calculations on driver distraction.
Staff Recommendation: Denial. Staff noted that SU2 zoning does not permit digital display signs, that the sign would be within 80 feet of a protected district, and that enforcement of commitments is challenging. Staff acknowledged the applicant’s efforts but maintained that a self-created hardship does not warrant a variance.
Board Vote: 4-1 in favor of granting the variance with conditions. Board members Bland, Hannon, Taft, and Bohannon voted yes; Bender voted no.
Case 2025-UV3-023 – 125 South Bonner Avenue
Petitioner: Josh Smith, representing the homeowner/owner seeking a use variance to allow a single-family dwelling in an I2 industrial zone. The house existed since before 1920; the owner wants to renovate (raise floor joists) but was issued a stop work order. Petitioner requested variance to continue residential use without rezoning. A letter of support from Warren Township Development Association was presented. No remonstrators.
Staff Recommendation: Denial. Staff preferred rezoning to residential (D2) to avoid future variances for any modifications. Staff noted that the area has been residential for many decades and reversion to industrial use is unlikely.
Petitioner Rebuttal: Cited a prior use variance approved for a neighboring property (119 North Bonner) within the last ten years.
Board Vote: 4-1 in favor of granting the variance. Bland, Hannon, Taft, and Bohannon voted yes; Bender voted no.
Case 2025-DV3-030 – 12226 McDougal Street
Petitioner: Josh Smith representing owner Christopher Hernandez. Sought a variance to reduce the east side yard setback from 7 feet to 3 feet for a building addition (1,500 sq. ft. expansion) that was constructed without permits in 2023. The existing house has a non-conforming 3-foot 1-inch setback. The addition is between 4 and 5.5 feet from the property line. Petitioner argued that relocating the wall is more costly than interior adjustments, and they are willing to meet fire-rating requirements.
Remonstrators: None formally, but staff noted a neighbor’s concerns about creek bed filling and debris—unrelated to the setback.
Staff Recommendation: Denial. Staff cited self-imposed difficulty (no permits pulled), safety concerns (fire-rated construction, egress windows, maintenance access), and the addition far exceeding the 50% expansion allowance. Staff noted that even with the variance, some demolition/rebuilding may be required.
Board Vote: 2-3 against granting the variance. Hannon and Bender voted yes; Bland, Taft, and Bohannon voted no. The variance was denied.
Key Outcomes
- Meeting minutes approved.
- Nine continuances granted to the October 21, 2025 hearing (some with notice, some without).
- One petition withdrawn.
- Four expedited variances granted unanimously.
- Public hearing case for Haig Road sign granted 4-1 with commitments.
- Public hearing case for Bonner Avenue use variance granted 4-1.
- Public hearing case for McDougal Street setback variance denied 2-3.
- Meeting adjourned after all business.
Meeting Transcript
I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 3. I'm Joanna Taft, Chairperson of Division 3. Other board members present today are Rod Bohannon, Brianna Bender, Percy Bland, and Brian Hannon. Legal counsel today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neill, current planning administrator, Bryce Patts, current planning manager, Robert Udlinhag, senior planner, Michael Weigel, senior planner, Noah Stern, Senior Planner, and Marty Weiste, specialist and secretary to the board. 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 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 then will 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 are 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 sign 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 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 commitment 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 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. There are five members present today. It takes three votes to take any action on any request. If uh we will take this into consideration when hearing requests for continuance, if you're this is not gonna read that today. Um board members, you've been provided meeting minutes for our August 19th 2020 meeting. If there are no deletions or additions, I will take a motion for their approval. Is there a motion? Bohannon so move. Is there a second? Hannon, second. And I'm gonna poll the board of who was present. I was not present last month. Um Hannon? Yes. Bland, yes. Bohannon. Yes Bender.
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