Zoning board denies request to allow RV as primary use at 3321 S. Tibbs; several variances and continuances also acted on

The Metropolitan Board of Zoning Appeals Division 2 denied a petition to allow recreational-vehicle parking as a primary use at 3321 South Tibbs Avenue in Decatur Township, voting 4-0 at its public hearing.

The board rejected the variance request after staff recommended denial and multiple neighbors and the Decatur Township Civic Council's land-use committee expressed opposition. The petitioners, who identified themselves as PDJ's Lake LLC, had asked to continue longstanding use of the empty lot to park an RV and other recreational equipment.

The petitioners' representative, Mark Jefferson, told the board the Strakos family has used the parcel for decades and that "we have had an RV parked on that lot off and on for almost 60 years without complaint." Jefferson said the family would accept planting, fencing or other screening the board required.

City zoning staff recommended denial. A staff presentation said the 0.66-acre lot is in the D5 zoning district and is an undeveloped residential parcel; staff noted code-enforcement actions in 2024 and 2025 and said the consolidated zoning and subdivision ordinance permits RVs only as accessory uses when a primary dwelling exists and prohibits RVs from being occupied for living purposes in excess of 15 days in a calendar year. Staff concluded approving a primary-use variance would be an "extreme deviation" from the infill housing guidelines and the comprehensive plan and that petitioners had not demonstrated a practical difficulty required to meet the findings of fact.

Opponents emphasized neighborhood character and precedent. Pat Andrews, who identified herself as chair of the Decatur Township Civic Council land-use committee, said the council voted to oppose the petition and that granting the request could encourage similar use of several nearby undeveloped lots. Neighbor George Gann said Maywood Manor is a "quaint, fairly quiet neighborhood" and voiced concerns that the petition would open other empty lots to nonresidential uses. Dennis Roseborough, an adjacent property owner, described the parcel as "unique" but said he and other adjacent owners have not seen negative impacts from occasional family use of the lake; he nonetheless supported the Civic Council's position that a primary-use variance was inappropriate.

After rebuttal from the petitioner that the family could continue to maintain and screen the RV, the board cast ballots. James Duke voted no, Craig von Dalen voted no, Tom Barnes voted no and Beth Brandon voted no. The variance request (petition 2025UV2-004) was not granted.

Votes at a glance

- Petition 2025UV2-004 — 3321 South Tibbs Avenue (D5 zoning): Request to allow recreational-vehicle parking as a primary use — Board vote: 0 yes, 4 no; outcome: denied.

- Petition 2025DV2-008 — 8542 Spring View Drive: Variance of development standards to construct an attached garage with a 2-foot north side-yard setback (8 feet required) — Board vote: 4 yes; outcome: granted (expedited docket).

- Petition 2025UV2-005 — 9210 North Meridian Street: Variance of use to permit operation of a veterinary hospital in an existing building — Board vote: 4 yes; outcome: granted (expedited docket).

- Petition 2025DV2-007 — 5734 North New Jersey Street: Request to continue and transfer the petition; waiver of notice also considered — Board action: continued and transferred to the May 6 hearing; vote to continue/transfer passed 3–1. A two-day waiver of notice for this petition was approved earlier.

- Petition 2025UV2-001 — 2454 North Illinois Street: Petitioner requested a continuance to allow neighborhood-group review; continued to May 13 without additional notice — Board vote: unanimous.

- Petition at 28 North Harding: Petitioner withdrew the petition; board acknowledged withdrawal.

Why it matters

Board members and staff said the decision turns on statutory findings and the character of single-family neighborhoods: the consolidated zoning and subdivision ordinance and the city's infill housing guidelines guide whether an accessory recreational use can be elevated to a primary residential use. Neighbors said approving a primary-use RV exception on an undeveloped residential lot would set a local precedent for similar requests on adjacent vacant lots.

Details and context

Staff told the board the lot is 0.66 acres in size, in the D5 zoning district and has been cited for code violations related to parked vehicles and unlicensed units. The staff report summarized the ordinance requirements: recreational vehicles can be accessory to a dwelling but may not be used as a primary residential use or be occupied for living or housekeeping purposes beyond the ordinance limit (15 calendar days, as stated in the staff presentation).

Multiple neighbors and the Decatur Township Civic Council argued the parcel should remain available for future residential development and that allowing primary recreational use would undercut the comprehensive plan's infill recommendations. The petitioners said the family's long history on the site and the presence of adjacent industrial uses — including a Martin Marietta operation and the South Side landfill — make the parcel less likely to be developed as a conventional house, and they asked that screening conditions be allowed in lieu of denial.

Board procedure and follow-up

At the same meeting the board approved several procedural waivers and acted on expedited petitions. The board also continued and transferred the petition for 5734 North New Jersey Street to the May 6 hearing (the transfer changes which division of the board hears the case). The petition for 2454 North Illinois Street was continued to May 13 to permit neighborhood-group consideration. The petitioner at 28 North Harding formally withdrew the petition.

Upcoming: the continued and transferred petition (5734 North New Jersey Street) is set for the board's May 6 docket; the 2454 North Illinois Street petition will appear on the May 13 docket. No dates were provided in the record for any further administrative deadlines beyond those hearing dates.