Board of Zoning Appeals Board of Zoning Appeals Division III (February 18th, 2025) 02/18/2025 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:

• 1.2024-DV3-037 | 1625 Shelby Street
  Center Township, Council District #18, zoned C-3 (TOD)
  Jugaad LLC, by David Retherford

  Variance of development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of a convenience store with a front building line width ratio of 10.64 (80 percent required) and deficient transparency along Shelby Street (40 percent required), and with deficient landscaping.

  **Staff to request a continuance, on behalf of the petitioner, to the March 18, 2024 hearing of Division III

• 2024DV3037 Staff Report 2-18.pdf (2.63 MB)

 Petitions for Public Hearing

 PETITIONS TO BE EXPEDITED:

• 2.2025-UV3-003 | 1044 St. Patrick Street
  Center Township, Council District #18, zoned C-4 (TOD)
  Murphy Arts Center LLC, by Misha Rabinowitch

  Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the operation of an outdoor entertainment venue, for one year, subject to the filed plan of operation (not permitted) with reductions in required parking (16 spaces required) and temporary placement of both unscreened service areas in a front yard and improvements with a 0-foot front yard setback (screening of service areas and 10-foot setback required).

• 2025UV3003 Staff Report 2-18.pdf (2.82 MB)

 PETITIONS FOR PUBLIC HEARING (Transferred Petitions):

• 3.2024-DV1-037 (Amended) | 2402 East 38th Street
  Washington Township, Council District #8, zoned C-5 (TOD)
  Popeyes Louisiana Kitchen Inc., by Gilligan Company

  Variance of Use and Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for a drive-thru accessory use within 600 feet of a Transit Station (not permitted) and an additional drive-thru lane within the front yard of Keystone Avenue (not permitted).

• 2024-DV1-037 2402 East 38th Street Staff Report 02.18.25.pdf (1.23 MB)

 PETITIONS FOR PUBLIC HEARING (Continued Petitions):

• 4.2024-UV3-016 | 425 & 435 South Gibson Avenue
  Warren Township, Council District #20, zoned D-2
  Oscar Garcia Cruz, by Steven A. Brown

  Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the storage and occupancy of more than two recreational vehicles for more than 15 days per year (maximum of two recreational vehicles may be parked outside per lot, may not be occupied for more than 15 days) within gravel parking areas (hardscaping required) and the location of a six-foot tall privacy fence within the front yard of Gibson Avenue and encroaching within the clear sight triangle of the driveway (limited to 3.5-foot tall, encroachment of clear sight triangles not permitted).

• 2024UV3016 Staff Report 2-18.pdf (1.67 MB)

• 5.2024-UV3-017 (Amended) | 8949 East Washington Street
  Warren Township, Council District #20, zoned C-5 / D-2 (TOD)
  Integrity Electric & Machine LLC, by David E. Dearing

  Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the location of seven shipping containers within the southern side yard (not permitted) without landscape screening (required for outdoor storage and operations) and with a fence exceeding 10 feet in height (not permitted).

• 2024UV3017 Staff Report 2-18.pdf (2.23 MB)

• 6.2025-DV3-002 | 6116 Breamore Road
  Lawrence Township, Council District #3, zoned D-2
  Matthew Schneider, by Drew Farrington

  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the location of a six-foot tall fence within the front yards and clear sight triangles of the intersection of Breamore Road and 62nd Place (maximum height of 3.5 feet permitted, encroachment of clear sight triangle prohibited).

• 2025DV3002 Staff Report 2.18.25.pdf (5.45 MB)

• 7.2025-UV3-001 | 385 South Franklin Road
  Franklin Township, Council District #20, zoned D-2
  We Care Tree Service LLC, by Tim J. Brown

  Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the operation of a tree and vegetation removal contractor with the outdoor storage of commercial vehicles and equipment (not permitted) and the storage of a recreational vehicle in a non-permitted location.

• 2025UV3001 Final Staff Report.pdf (5.42 MB)

• 8.2025-UV3-002 | 10453 East 10th Street
  Warren Township, Council District #20, zoned D-1 / D-7 (FF)
  Ghassan Rajabi

  Variance of use and development standards of the Consolidated Zoning and Subdivision Ordinance to provide for the operation of an open air 10-car vehicle sales operation (not permitted) with a gravel parking lot (hard surface required).

• 2025UV3002 Staff Report 2.18.25.pdf (2.52 MB)

• 9.2025-DV3-001 | 8420 US 31
  Perry Township, Council District #23, zoned C-5 (FW)
  Skillman Realty LLC, by Joseph D. Calderon

  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the installation of a pylon sign, being the third freestanding sign along US 31 (maximum two freestanding signs permitted).

• 2025-DV3-001 8420 US 31 Staff Report 2.18.25.pdf (1.18 MB)

 PETITIONS FOR PUBLIC HEARING (New Petitions):

• 10.2025-DV3-003 | 1553 Harlan Street
  Center Township, Council District #19, zoned D-5
  Margarita Velazquez Garcia, by Arnoldo Gonzalez Vazquez

  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the construction of an attached covered porch with a zero-foot north side yard setback (five-feet required).

• 2025-DV3-003 1553 Harlan Street Staff Report 2.18.25.pdf (1.37 MB)

• 11.2025-DV3-004 | 5930 East 82nd Street
  Lawrence Township, Council District #4, zoned C-4
  GMX Real Estate Group LLC, by Joseph D. Calderon

  Variance of Development Standards of the Consolidated Zoning and Subdivision Ordinance to provide for the operation of an eating establishment with two stacking spaces within the front yard of East 82nd Street (not permitted), 21 parking spaces (maximum nine permitted) and a monument sign being the ninth freestanding sign along East 82nd Street (maximum two permitted) and within 185 feet of a freestanding sign to the west and 104 feet to the west (minimum 300 feet of separation required).

• 2025DV3004 Final Staff Report.pdf (3.06 MB)

 Additional Business: