Board of Zoning Appeals Division I (May 9, 2023) 05/09/2023 01:00 PM Public Assembly Room, 2nd Floor, City-County Building, 200 E. Washington Street

 Business:

• Adoption of Meeting Minutes
  
  

• Special Requests

 PETITIONS REQUESTING TO BE CONTINUED:

 Petitions for Public Hearing

 PETITIONS TO BE EXPEDITED:

• 1.2023-DV1-014 | 1103 South Mickley Avenue
  Wayne Township, Council District #22, Zoned D-5 (TOD)
  Hector O. Gomez
  
  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for vehicle access from a front yard curb cut (exclusive vehicular access from an improved alley required).

• 2.2023-DV1-015 | 1128 South High School Road
  Wayne Township, Council District #22, Zoned D-3
  Arcelia Hernandez-Badillo & Leodegario Montiel-Munoz, by Sarah Walters
  
  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of an attached garage with a four-foot south side yard setback, resulting in an eight-foot aggregate side yard setback, six-foot rear yard setback and 63% open space (six-foot side yard setback, 16-foot aggregate side yard setback, 20-foot rear yard setback, and 70% open space required).

• 3.2023-DV1-018 | 6490 North Sherman Drive
  Washington Township, Council District #3, Zoned D-S
  Ronald Todd, by James P. Mack
  
  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for a dwelling renovation and construction of an attached garage resulting in a 68-foot front yard setback from 65th Street (75-foot front yard setback required).

• 4.2023-DV1-019 | 8719 Southeastern Avenue
  Franklin Township, Council District #25, Zoned C-4
  Cornerstone Wealth LLC, by David A. Retherford
  
  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the renovation of an existing commercial structure resulting in an 18% front façade transparency (40% transparency required) and the addition of a porch with a zero-foot front setback and encroaching up to two feet into the right-of-way of Southeastern Avenue (10-foot front yard setback required, encroachment within the right-of-way not permitted).

 PETITIONS FOR PUBLIC HEARING (Transferred Petitions):

• 5.2022-DV1-062 (2nd Amended) | 1012 Olive Street
  Center Township, Council District #17, Zoned D-5 (TOD)
  Kristen Fern
  
  Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for a driveway with a zero-foot north side yard setback and a three-foot rear yard setback (three-foot side yard setback and 20-foot rear setback required) providing access from Olive Street (exclusive vehicle access from improved alley required), also with the existing single-family dwelling encroaching within the clear site triangle of Olive Street and the driveway (encroachment into the clear site triangle not permitted).

• 6.2023-DV3-012 (Amended) | 2411 North Rural Street
  Center Township, Council District #17, Zoned D-5
  Martindale Brightwood Community development Corp., by Jamilah Mintze (In and Out Unlimited LLC)
  
  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a duplex on a 30-foot-wide lot with an area of 4,050 square feet (minimum 60-foot lot width, minimum 7,200 square foot lot area), with an eight-foot lot width for proposed plat of Lot 17A and a 22-foot lot width for proposed plat of Lot 17B, and a parking pad with 1.5-foot side yard setbacks (three-foot side yard setbacks required).

 PETITIONS FOR PUBLIC HEARING (Continued Petitions):

• 7.2022-SE1-002 (Amended) | 9140 East McGregor Road
  Franklin Township, Council District #25, Zoned D-A
  Shalom Christian Church, by Jonathan L Albright Jr.
  
  Special Exception of the Consolidated Zoning and Subdivision Ordinance to provide for religious uses and a modification of development standards to allow for the construction of a religious use facility, parking lot and related accessory structures with a 22-foot western side yard and an 18-foot rear yard (minimum 30-foot side yard setback, 75-foot rear yard setback required), and a 110-foot wide parking area within the front yard (maximum 30-foot wide parking area permitted within the front yard).

• 8.2023-DV1-009 | 1313 Gumwood Drive
  Wayne Township, Council District #6, Zoned D-4
  Toni Clark
  
  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the location of a mini-barn with a 0.5-foot west side yard setback (five foot-side yard setback required).

• 9.2023-DV1-011 (Amended) | 902 East 66th Street
  Washington Township, Council District #2, Zoned D-4 (TOD)
  A Ciobanu Properties LLC, by Andrea Ciobanu
  
  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for a 3.5-foot-tall fence within the clear sight triangle of the intersection, with the location of automated gates within the clear sight triangle of two vehicular access drives (encroachment within clear sight triangles not permitted).

• 10.2023-DV1-012 | 6209 East Edgewood Avenue
  Franklin Township, Council District #25, Zoned D-A
  Salina and Jaime Hernandez, by David Gilman
  
  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the future subdivision of a parcel into two lots, with:
  a.                Future Lot One maintaining a 100.5-foot street frontage and lot width and an area of .81-acre
  (minimum 125-foot street frontage, 250-foot lot width and area of three acres required); and
  b.                Future Lot Two maintaining a 25-foot street frontage and lot width.

  *** Petitioner to withdraw

• 11.2023-UV1-006 (Amended) | 201 West 38th Street and 3750 North Capitol Avenue
  Center Township, Council District #7, Zoned C-4 / D-5
  Martin Petroleum Inc., by Pat Rooney
  
  Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the redevelopment of a convenience store within a residential district (not permitted) with a zero-foot south side transitional yard (10-foot side transitional yard required).

 PETITIONS FOR PUBLIC HEARING (New Petitions):

• 12.2023-DV1-016 | 2701 Wheeler Street
  Center Township, Council District #17, Zoned D-8
  Georgia May Craig, by Gary S. Cole
  
  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for vehicular access from 27th Street (exclusive vehicular access from an improved alley required).

• 13.2023-DV1-017 | 4002 North Park Avenue
  Washington Township, Council District #7, Zoned D-5 (TOD)
  Elite Custom Homes, by Cassandra Nielsen
  
  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a deck with a two-foot rear yard setback (20-foot rear yard setback required).

• 14.2023-UV1-007 | 1034 South Tremont Street
  Wayne Township, Council District #16, Zoned D-5
  Abel Solares and Reina Alfaro, by Sarah Walters
  
  Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the operation of a commercial contractor and the parking of up to eight commercial vehicles (not permitted), a 48.5-foot wide parking area in the front yard with a zero-foot south side yard setback and an eight-foot tall perimeter fence (parking area in front yard limited to 30-foot wide, seven-foot side yard setback required, maximum 3.5-foot tall fence permitted within the front yard and maximum six-foot tall fence permitted in side and rear yards) and deficient living materials and landscaping (60% of required landscaped areas must be covered by living materials, minimum landscaping required).

 Additional Business: