Metropolitan Board of Zoning Appeals Division III Hearing - February 17, 2026
Metropolitan Board of Zoning Appeals Division III Hearing - February 17, 2026
The Metropolitan Board of Zoning Appeals, Division III, held a public hearing on February 17, 2026, at 6:00 PM under the chairmanship of Joanna Taft. The board addressed several continuance requests and heard two variance petitions: one concerning a fence at 2360 Prospect Street and another involving a covered porch and landscaping at 4102 Madison Avenue. The board granted all requested continuances and split its decision on the two variance cases, approving the landscaping variance but also granting the covered porch variance despite staff's recommendation to deny.
Continuances and Procedural Motions
- 2026 DV301 (2360 Prospect Street): Petitioner request for a five-day notice waiver and a one-month continuance to March 17, 2026. Staff had no objection. Board voted unanimously (5-0) to grant both the waiver and the continuance.
- 2025 MO3-003 (3030 North Shedland Avenue): Staff reported an automatic continuance to March 17, 2026, requested by a registered neighborhood organization. Board acknowledged the continuance.
- 2025 SE3003 (4555 South Harding Street): Staff requested a continuance to March 17, 2026, to allow the petitioner additional time to gather information from a state agency and produce renderings. Board voted unanimously (5-0) to grant the continuance.
- 2025 MO3-002 (2719 North Emerson Avenue): Petitioner Nick Hammer (Imagineering Hold Co.) requested a three-month continuance to May 26, 2026, to reevaluate outdoor storage needs. Staff supported the continuance but indicated no further extensions. Board voted unanimously (5-0) to continue to May 26, 2026.
Variance Case: 2025 DV3016 Amended – 2360 Prospect Street (Bobby's Autos)
Petitioner: Justin Kingan, representing Linda Thompson. Request: Six-foot tall chain link fence in front yards and within clear site triangles (ordinance allows max 3.5 feet, no chain link in front yards, no encroachment into clear site triangle). Petitioner's position: The fence is necessary for safety and security due to over 40 police runs (including burglaries) from 2016 to 2025. The fence is chain link (transparent) and would be temporary (5-year commitment). Petitioner also offered commitments to relocate fence segments, remove banner signs, add ADA parking, eliminate outdoor storage of vehicle parts, stripe parking spaces, enclose dumpster, and install landscaping consistent with a 1995 site plan. Staff position: Recommended denial. Staff argued the fence creates visual obstructions at a busy intersection with multimodal transportation (bike lane, greenway), violates clear site triangle requirements for safety, and the practical difficulty is self-imposed due to the auto sales use. The 1995 use variance already required landscaping buffers. Board vote: Motion to approve subject to petitioner's commitments failed 2-3 (Bohannon and Hannon yes; Bland, Taft, Bender no). Variance denied.
Variance Case: 2025 DV3020 Amended – 4102 Madison Avenue (Sanchez Family Inc.)
Petitioner: Kevin Lawrence, representing Sanchez Family Inc. Request: Two variances – (A) deficient landscaping along street frontages, and (B) a covered porch located within the right-of-way of Castle Avenue. Petitioner's position: The property is a restaurant (formerly Amazing Cakes) that was rehabilitated. The wide Madison Avenue right-of-way creates practical difficulties for landscaping. A connected parking arrangement with adjacent property (4132 Madison) resolves parking issues. The covered porch was installed five years ago to expand outdoor seating during COVID and has operated without incident. The porch encroaches about 2.5 feet into the right-of-way but does not impede traffic or sight lines. Letters of support from a neighboring law office and Commissioner Cahill were submitted. Staff position: Unopposed to the landscaping variance (due to site constraints and petitioner's commitment to plantings). Recommended denial of the covered porch variance, citing lack of permits, precedent of private structures in public right-of-way, potential interference with future sidewalks, and no practical difficulty for the business operation. Board vote: Landscaping variance (Ballot A) granted unanimously (5-0). Covered porch variance (Ballot B) also granted unanimously (5-0), despite staff's recommendation.
Key Outcomes
- Continuances: Four cases continued to future dates with unanimous board approval.
- Denial: 2025 DV3016 (fence variance) denied on a 2-3 vote.
- Approvals: 2025 DV3020 landscaping variance and covered porch variance both granted on 5-0 votes.
Meeting Transcript
I'm going to 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. The other board members present today are to my left, Rod Bohannon and Rihanna Bender, and to my right, Brian Hannon and Percy Bland Jr. Legal Counsel for the board today is Chris Steinmetz. Staff members present present today from the Division of Planning are Eddie O'Neill, Principal Planning Administration Current Planning Administrator, Brian Patz, current planning manager, Robert Ewlin Haik, Senior Planner, Noah Stern, Senior Planner, Michael Weigel, Senior Planner, Josh Levesque, Senior Planner, and Marty Weiste, Senior Board 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 we 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 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 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 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, statement, 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 the petition continue due to lack of proper notice must bring this 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 or examples. These conditions of 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 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 for 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. Board members, um let's see, we do not have minutes. Okay. Is there anyone in this audience who has any questions about our procedure before we hear special requests? Okay. Good afternoon, members of the board. Josh Smith with RG Development Offices at 1073 Oliver Avenue. I'm here on item number six on your agenda. Uh 2026 DV301, and I would like to request a five-day notice of waiver. Or waiver of notice. Okay. Is there anyone in the audience who is interested in 2026 DV301? And is against the five-day waiver. Uh let's hear from staff. Thank you, Chairperson. TAF members of the board. Staff has no objection to this request.
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