In 2022, the Board of Zoning Appeals heard a total of (19) petitions an increase from (12) petitions in 2021. Of the (19) petitions, (17) were for Development Standards Variance (DSV). This compared to only (8) DSVs in 2021. The remaining (2) petitions in 2022 were (1) Special Exception request and (1) Use Variance request. The PABD staff continues to evaluate the trends in DSV petitions. In previous years, there were numerous requests to increase the height of accessory structures. Height increase requests accounted for only (1) DSV petition in 2022. PABD Staff amended several sections of the UDO in 2022, including UDO 5.23 Height Standards. The Board of Zoning Appeals should see fewer of the "height increase" petitions in the future. Other notable trend in 2022 were the (7) DSV petitions for waivers from UDO 5.557 Sidewalk Standards. All (7) at the Foxridge Subdivision. Partially developed in the 1990's, the subdivision does not have sidewalks so the request was to not install sidewalks in front of the and remaining lots.
The petition at 300 Foxridge Court by Charles Marshall was heard on 2/08/2022 and received an Approval with Conditions from the Board of Zoning Appeals. The petition was for a variance from sidewalk standards, as the rest of the neighborhood does not have sidewalks and the house that would be built on this lot would have the only sidewalk in the neighborhood.
The petition at 301 Foxridge Court by Charles Marshall was heard on 2/08/2022 and received an Approval with Conditions from the Board of Zoning Appeals. The petition was for a variance from sidewalk standards, as the rest of the neighborhood does not have sidewalks and the house that would be built on this lot would have the only sidewalk in the neighborhood.
The petition at 318 Foxridge Court by Charles Marshall was heard on 2/08/2022 and received an Approval with Conditions from the Board of Zoning Appeals. The petition was for a variance from sidewalk standards, as the rest of the neighborhood does not have sidewalks and the house that would be built on this lot would have the only sidewalk in the neighborhood.
The petition at 402 Foxridge Court by Charles Marshall was heard on 2/08/2022 and received an Approval with Conditions from the Board of Zoning Appeals. The petition was for a variance from sidewalk standards, as the rest of the neighborhood does not have sidewalks and the house that would be built on this lot would have the only sidewalk in the neighborhood.
The petition at 1416 South Miller Avenue by the Shelby County Players Club was heard on 3/8/2022 and received Approval from the Board of Zoning Appeals. The petition was to extend a previously approved variance from October 2020 for an additional (2) years. The original request was a variance from UDO 5.03 Accessory Use and Structure Standards.
The petition at 538 5th Street by Columbus Campbell was heard on 3/8/2022 and received Approval from the Board of Zoning Appeals. The petition was for a variance from UDO 5.23 Height Standards to increase the height of an accessory structure.
This petition at 62 3rd Street by Jessie Eads was heard on 4/12/2022 and received Approval with Conditions from the Board of Zoning Appeals. The petition was for a special exception use to allow for truck sales in a Light Industrial District. The Board of Zoning Appeals approved this petition with conditions including building a fence to enclose vehicles and equipment, limiting sales and service to appointment only and not maintaining an inventory of "for sale" vehicles greater than (5)
This petition at 818 Elston Drive by Timothy Lower was heard on 5/10/2022 and received Approval with Conditions from the Board of Zoning Appeals. The petition was for a use variance to allow for residential unit in an IL- Light Industrial district. The Board of Zoning Appeals applied the condition that only "Unit C" could be used for residential.
This petition at 45 W Washington Street by Rob Nolley was heard on 6/14/2022 and received Approval from the Board of Zoning Appeals. The petition was for a variance from UDO 5.14(B) Entrance and Drive standards to increase the width of a residential driveway.
The petition at 415 E Hendricks Street by Martin Zinser was heard of 6/14/2022 and received Approval from the Board of Zoning Appeals. The petition was for a variance from UDO 5.08 Institutional and Business Architectural Standards to change the building material.
This petition at 156 W Washington Street by the Davis Building Group was heard on 7/12/2022 and received Approval from the Board of Zoning Appeals. The petition was for a variance from UDO 5.55 Setback Standards to reduce the sideyard setback for an accessory structure.
This petition at The Plant Apartments by Birge & Held was heard on 7/12/2022 and received Approval from the Board of Zoning Appeals. The petition was for a variance from UDO 5.15 Non-residential Driveway Standards to allow for a reduction in driveway separation distance from another driveway.
This petition at 215 E Broadway Street by A&J Petroleum was heard on 7/12/2022 and received Approval with Conditions from the Board of Zoning Appeals. The petition was for a variance from UDO 5.55 Setback Standards to reduce the front yard setback of an accessory structure. The Board of Zoning Appeals approved the petition with conditions including the removal of all existing gasoline canopies, the removal of the middle "existing entrance" along East Broadway Street and the removal of the pole sign.
This petition at 921 Oak Park Drive by William Skinner was heard on 9/13/2022 and received Approval from the Board of Zoning Appeals. The petition was for a variance from UDO 5.14(B) Entrance and Drive standards to increase the width of a residential driveway.
The petition at 306 Foxridge Court by Daniel and Donna Kendall was heard on 10/11/2022 and received Approval from the Board of Zoning Appeals. The petition was for a variance from sidewalk standards, as the rest of the neighborhood does not have sidewalks and the house that would be built on this lot would have the only sidewalk in the neighborhood.
The case at 307 Foxridge Court by the Blue River Career Program was heard on 10/11/2022 and received Approval with Conditions from the Board of Zoning Appeals. The petition was for a variance from sidewalk standards, as the rest of the neighborhood does not have sidewalks and the house that would be built on this lot would have the only sidewalk in the neighborhood.
The case at 309 Foxridge Court by the Blue River Career Program was heard on 10/11/2022 and received Approval with Conditions from the Board of Zoning Appeals. The petition was for a variance from sidewalk standards, as the rest of the neighborhood does not have sidewalks and the house that would be built on this lot would have the only sidewalk in the neighborhood.
This petition at 986 E Morris Avenue by Mike and Krista Bowlby was heard on 10/11/2022 and received Approval with Conditions from the Board of Zoning Appeals. The petition was for (2) variances; one from UDO 5.02 General Accessory Use Standards and one from UDO 5.03 General Accessory Structure Standards. Both variances were granted with the following conditions 1) the size of the accessory structure cannot exceed 2000 square feet and 2) the accessory structure can only be used for residential and ancillary uses.
This petition at 200 Lee Boulevard by Gillman's Lumber Center was presented by McNeely Law on 11/9/2022 and received partial Approval with Conditions by the Board of Zoning Appeals. The petition was for (6) variances; one from UDO 5.19(A) Business Fence, Hedge and Wall Standards, one from UDO 5.08(C)(1) Business Architectural Standards, Building Materials for an Accessory Structure, and one from UDO 5.08 (A)(1) Business Architectural Standards, Façade, one from UDO 5.08(A)(4) Business Architectural Standards, one from UDO 5.08(B)(2) Business Architectural Standards, Roof and one from 5.08(C)(1) Business Architectural Standards, Building Materials for a Primary Structure. The variance request from UDO 5.08(A)(1) was withdrawn at the meeting. The two variances from 5.08(C)(1) were denied. And the remaining requests were Approved with Conditions.