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Votes at a glance: BZA Division 2 actions, waivers, continuances and expedited grants

5333109 · July 8, 2025

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Summary

Summary of actions the board took at the Division 2 hearing, including expedited grants, waivers, fee-transfer approval and continuances.

The Metropolitan Board of Zoning Appeals Division 2 took multiple procedural and substantive actions during the hearing. Below are the cases and formal outcomes recorded on the hearing record.

Votes at a glance

- Case 2025DV2-018 (5469 North Capitol Avenue) — Variance of development standards for a single-family dwelling rear-yard setback. Board vote: yes (Craig Von Dalen, Aaron McBride, Tom Barnes). Outcome: variance granted (expedited docket).

- Case 2025DV2-024 (4353 Washington Boulevard) — Variance to allow detached garage side-yard setback; staff supported a short waiver/expedited handling and the board later granted the variance on the expedited docket. Waiver: a 4-day notice-waiver was granted earlier in the hearing (staff unopposed). Outcome: variance granted (expedited docket).

- Case 2025UV2-010 (802 Roche Street) — Petitioner Josh Myers requested a continuance; staff had no objection. Outcome: continued to August 12, 2025, without additional notice.

- Case 2025UV2-009 / fee transfer (3889 West Perry Street) — Petitioner Justin Bridgeman asked to withdraw the variance and transfer paid variance fees to a rezoning application. Staff supported transferring fees but cautioned that staff support for rezoning was not guaranteed. Board action: fee transfer and withdrawal acknowledged; motion passed.

- Case 2025DV2-025 (1435 North Hamilton Avenue) — Petitioner requested a 3-day notice waiver early in the hearing; staff had no objection. Later in the docket (substantive hearing) the board granted a variance to allow an existing carport to remain despite reduced side-yard setbacks. Outcome: variance granted.

- Case 2025DV2-023 (5338 West Edwards Avenue) — Petitioner requested a 6-day notice-waiver; staff had no objection. At the substantive hearing the board granted a variance for a 6-foot fence and a shed. Outcome: variance granted.

- Case 2025MO2-001 (2510 Millers Mill Road / moved to Board 3) — Petitioner requested the petition be transferred and continued to the August 19 hearing before Board 3; staff had no objection. Outcome: continued to August 19, 2025 (Board 3) without additional notice.

- Other automatic continuances acknowledged by staff: 2025DB2016 (various West New York addresses) and 2025DV2-021 (1144 Navajo Trail South Drive) were acknowledged as continued to the August 12 hearing due to remonstrator/notice issues; 2025DV2-022 (1337 Olive Street) was continued following a registered neighborhood organization’s timely request.

Expedited docket and procedural votes

- At the start of the hearing the board waived its normal process for expedited petitions and agreed to adopt findings and hear expedited items together; the roll call for that procedural vote was recorded as yes by the three present members.

Notes and next steps

- Several waivers were granted on the record where staff said notice materials had been delayed or a short waiver was warranted (3-, 4-, and 6-day waivers documented in the hearing record).