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Board denies variance for on-site fuel tanks at Maize Road concrete business
Summary
The board denied a variance request to allow two above-ground fuel tanks (350-gallon gasoline and 550-gallon diesel) to remain at a residential property used to park commercial vehicles; staff said the tanks are not permitted in the property's DA zoning absent agricultural use.
The Metropolitan Board of Zoning Appeals Division 1 on Aug. 19 denied a variance request from Michael and Nicole Cole that would have allowed two above-ground fuel tanks to remain at their property at 1150 Maize Road for use by their business, Concrete Indie LLC.
Attorney John Cross, representing the Coles, said the double-walled tanks (a 350-gallon gasoline tank and a 550-gallon diesel tank) have been on the long, deep lot for several years and are used exclusively to fuel the petitioner’s company vehicles; the property already holds a 2023 variance allowing limited contractor parking for up to 11 commercial vehicles. Cross said the Coles were unaware the tanks required a variance and that the equipment is commercial-grade and installed for safety and convenience.
Division of Planning staff recommended denial. Staff explained that the property is zoned DA (agricultural) and that above-ground fuel storage on DA-zoned parcels is permitted when associated with agricultural activity; the Coles’ use is not agricultural, staff said. Staff also cited the increased intensity of commercial activity on a residential/agricultural parcel, the presence of multiple heavy commercial vehicles (including F-350 trucks and trailers) and the potential risk to groundwater and neighboring private water systems. Staff noted the tanks were installed without prior zoning approvals and said that the site’s proximity to residential wells and the water system merited caution.
Cross and petitioner Michael Cole told the board the tanks have operated without incident, are double-walled with fuel-detection features, and reduce vehicle trips by allowing weekly refueling on site rather than multiple trips to off-site stations. The petitioner also committed that any variance would terminate automatically upon sale of the property to a third party.
Board members voted to deny the request. The roll call was recorded as: Jennifer Witt — yes (in favor of granting); David Duncan — no; Peter Nelson — yes (in favor of granting); Andrew Catona — no; Patrice Duckett Brown — no. With three no votes, the petition failed and the variance was not granted. The board’s denial leaves the existing installation as a potential zoning violation subject to further administrative enforcement or a future rezoning/variance application.
The board’s action does not resolve any separate permitting or fire-code questions; those remain matters for the appropriate agencies if the property owner pursues alternate remedies.
