The Metropolitan Board of Zoning Appeals Division 2 on Oct. 14 granted a variance to allow 27% living material in the front yard for a proposed four-unit townhome project at 1507, 1501 and 1533 West New York Street, despite vocal neighbor opposition and questions from staff about site impacts.

The board voted 4-1 to approve the variance; Patrice Duckett Brown voted no while James Duke, Craig Von Dalen, Tom Barnes and Beth Brandon voted yes.

The variance reduces the front-yard living-material requirement the consolidated zoning and subdivision ordinance sets at 50% to 27% for the project. Petitioner representatives told the board they eliminated a previously requested fourth-floor conditioned space to bring building height into compliance and that the remaining request is limited to front-yard landscaping coverage.

Why it matters: The change will allow the developer to build four townhome units on an irregular, triangular corner lot that petitioners and staff said has practical difficulties for meeting the 50% living-material standard. Neighbors said the development as proposed would add hardscape, increase stormwater runoff onto adjacent properties and alter the historic character of the Stringtown neighborhood.

Petitioner presentation and commitments

Misha Rabinowitz, attorney for Lervy Loft Townhomes LLC, told the board the developer revised plans after the prior hearing to remove the fourth-floor conditioned space and reduce building height below the 40-foot limit. Rabinowitz said the site is irregularly shaped and contains grade changes toward the rear that limit planting area in the front yard; she said the developeris offering a landscape plan that adds about 31 trees and other plantings.

"The only variance we're requesting is the front yard living material," Rabinowitz said, summarizing the petition. She also asked the board to record two commitments from the petitioner: (1) make reasonable efforts to prevent construction activities from directly impacting the adjacent property to the west and (2) work with the neighborhood association on efforts to reclaim a historic alley.

Neighbors' concerns

Several residents who live adjacent to the site opposed the variance. Richard Dufour, who lives at 1523 West New York Street, said he and a group of neighbors brought a petition signed by 10 nearby residents asking that both variances be denied at the prior hearing and that the remaining living-material variance also be denied now.

"I'm here today, to ask for denial of the variance for the living material space," Dufour said, citing both aesthetics and stormwater concerns.

Remonstrators said the project as drawn appears to rely heavily on hardscape and driveways to serve four units, which could increase runoff onto lower-lot neighbors. They asked the board to require additional environmental review because historically a gas station occupied the corner, and urged a Phase II environmental site assessment before construction.

Stringtown neighborhood representation and notices

Residents raised disputes about who speaks for the neighborhood. Petition materials included a letter of support from an organization identified in the packet as the Stringtown Neighborhood Association; some neighbors told the board that organizationhad leadership who do not live in the neighborhood and that a new group, "Stringtown Now," had formed to represent residents who opposed the plan. Staff confirmed that a group named Stringtown Now had registered with the city and that the petitioner had met with neighbors during the redesign process.

Staff analysis

Planning staff told the board the site has an abnormal (angled/triangular) shape for D8 zoning and that topography and the lot configuration create practical difficulties for meeting the front-yard living-material standard. Staff said the proposed landscaping and tree commitments represent an improvement over the current vacant gravel lot and recommended approval of the reduced front-yard living material.

Board discussion and outcome

Board members asked how the front yard is defined on an irregular lot, whether right-of-way landscaping counts toward the requirement (staff said it does not), and whether the petitioner had addressed drainage and alley conditions. The petitioner said the project will undergo drainage review by the Department of Business and Neighborhood Services and that alley repairs would be coordinated with Public Works if required.

The board recorded the petitioner's two commitments (construction protections for the adjacent neighbor and working with the neighborhood association on alley reclamation) and approved the variance 4-1. Chair Craig Von Dalen and other members conditioned the approval on those recorded commitments.

What remains unresolved

Neighbors' written requests for additional environmental assessment and their concerns about long-term impacts on neighborhood character and stormwater remain part of the public record. The petitioner and staff said the project will be subject to city drainage review and other permitting before construction.

Ending

The board's vote allows the developer to proceed with plans that call for two buildings and four townhome units on the site, with the landscape commitments recorded in the case file. Appeals or requests for judicial review may be filed according to the board's procedures.