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Board approves expedited variances, several continuances and a fee reduction; waivers and one withdrawal acknowledged

2489347 · March 4, 2025
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Summary

During the Division 1 hearing the board approved three expedited variances, acknowledged continuances and a withdrawal, granted short legal-notice waivers, and reduced a filing fee by 50% for a petition on financial hardship.

The Metropolitan Board of Zoning Appeals Division 1 handled multiple procedural items and expedited petitions during the hearing.

Expedited petition votes: The board used an expedited docket to dispose of several variance petitions without additional testimony. The recorded expedited outcomes included: - Case 2024-DV-1-044 (amended; 289 North Cole Street): variance granted (5-0). - Case 2025-DV-1-006 (5320 Central Avenue; building addition to 8.66 foot rear-yard setback where 20 feet required): variance granted (5-0). - Case 2025-DV-1-007 (6138 Central Avenue; building addition to 5 foot rear-yard setback where 20 feet required): variance granted (5-0).

Continuances, withdrawals and notice waivers: The board acknowledged a number of continuances and procedural requests including: - Petition 2025-DV-1005 at 6462 Broadway: continuance to April 1, 2025 without additional notice (board approved by voice vote). - Automatic continuances acknowledged for 2024-DV-1004 (1135/1140 North Tacoma Avenue) and 2025-DV-1003 (2703 Cardigan Road) to the April 1 hearing. - A two-day waiver of legal notice was approved for petition 2025-DV-1007 (6138 Central Avenue). - Withdrawal of petition 2025-UV-1002 at 6145 North Ewin Street was acknowledged.

Filing-fee reduction: A petitioner seeking relief from a $585 filing fee initially failed to secure a motion to reduce the fee to $100 (no second). Later in the hearing the board considered a separate request and voted to reduce the filing fee for petition 2025-PTN-025 to a 50% reduction ($292.50 based on the $585 fee) and recorded a 50% reduction equivalent to $250 in the board announcement (board vote: Duncan no; Witt yes; Catona no; McBride yes; Nelson yes). The board confirmed the petition would proceed with the reduced fee.

Other notes: Staff announced at the start of the expedited docket that presentation technology might be unavailable for the remainder of the hearing. Several staff clarifications about typos and recommendations were given on the record and corrected by staff prior to votes.

Why it matters: The expedited docket clears routine or uncontested matters efficiently. The fee reduction action shows the board’s discretion to reduce filing fees in cases of demonstrated hardship, and the waiver/continuance acknowledgements preserve procedural rights for neighborhood organizations and petitioners.