Zoning board continues decision on Lervie Loft Townhomes after neighbors object to proposed height and landscaping variances

The Metropolitan Board of Zoning Appeals Division 2 continued a decision on a petition from Lervie Loft Townhomes LLC to construct two two-unit townhome buildings at 1507/1501/1533 West New York Street after an indecisive vote. The board’s roll call produced two yes votes from Chair Craig Van Dalen and member Tom Barnes and one no vote from Patrice Duckett Brown; the petition will be continued to the Oct. 14, 2025 hearing.

Petitioner Misha Rabinowitch, representing Lervie Loft Townhomes LLC, said the project would redevelop a long-vacant lot in the Stringtown neighborhood with two buildings containing four high-end townhome units, each with a dedicated two-car garage. The petitioner sought two variances from the consolidated zoning and subdivision ordinance: an increase in allowable height to accommodate a four-story structure (applicant requested up to 45 feet, design height 42 feet from grade) and a reduction in the required front-yard percentage of living materials from 50% to 27%.

Planning staff, represented by senior planner Noah Stern, recommended approval. Stern said staff found the height increase reasonable given the site’s location on White River Parkway Drive and within the Regional Center secondary overlay, and noted practical difficulty for front-yard living materials because of the lot’s irregular shape and slope. Staff emphasized the proposal included perimeter landscaping and a plan to plant 31 new trees.

Neighbors who spoke in opposition urged the board to deny the variances. Richard Dufour, who lives four houses down at 1523 West New York Street, said he and others supported redevelopment but objected to the requested height and to reducing living material to 27%. Dufour told the board he had submitted written remonstrances and a petition signed by adjacent neighbors, and argued the proposed height and reduced landscaping would overshadow adjacent homes and run counter to infill guidelines that call for transitions between scales of buildings.

Supporters of the project, including KC Cohen and Tony Oliver, said the development would continue investment in a neighborhood that has seen revitalization and that the project would add landscaping and tax-generating property improvements. Developer representatives said the additional floor area and the inclusion of elevators and two-car garages made the four-story design necessary for project viability.

Board members questioned parking and alley access and asked whether public-right-of-way improvements would be required; the petitioner said alley improvements would be coordinated with the Department of Public Works if DPW required them. The petitioner confirmed each unit would have two garage spaces (eight spaces total for four units) and that guest parking would be along New York Street.

After testimony, the board took a roll call. Patrice Duckett Brown voted no, Craig Van Dalen voted yes and Tom Barnes voted yes; because three affirmative votes are required for action with three members present, the vote was recorded as indecisive and the petition was continued to the Oct. 14, 2025 hearing for further consideration.

Provenance: Staff report, petitioner presentation, neighbor testimony and roll-call vote appear in the hearing transcript sections for case 2025-DV2-016.