Rezoning hearing at 10026 East 21st ends in 3-3 tie; de novo rehearing set for Feb. 5

The Metropolitan Development Commission’s public hearing on Jan. 15 for rezoning petition 2024 ZON124 at 10026 East 21st Street ended in a 3-3 tie, requiring a de novo rehearing on Feb. 5.

David Wilson, owner of Midhofer Properties, asked the commission to rezone the 0.46-acre site from C3 to C5 so he could operate under a used-car dealership license. Wilson told the commission he plans small-scale, internet-driven sales — "one at a time," he said — and emphasized mentoring and job opportunities for the Far East Side community. He said he would not operate a buy-here-pay-here business and that he did not plan to perform vehicle maintenance at the site.

Neighborhood representatives and local stakeholders opposed the rezoning. Ron Phillips, president of the Warren Township Development Association, said the association unanimously opposed C5 zoning at that location because C5 is an intense district that allows many primary uses and could allow future owners to introduce uses the neighborhood does not want. Samantha Douglas, president of the Far East Side Community Council, said the council withdrew initial support after conversations and expressed concern that C5 zoning could enable predatory "buy here, pay here" operations and that the community lacks capacity to police future operators.

City staff recommended denial. Staff noted the comprehensive plan recommends commercial office uses (C1 or C3) for the site, observed that adjacent residences are present to the east and south, and flagged two practical issues: the property’s paving encroaches into the public right of way (staff identified approximately 26 feet of paving into the ROW as shown in meeting exhibits), and staff requested a 59.5-foot half right-of-way dedication for the thoroughfare. Staff said the combination of ROW dedication and existing paving would leave very limited room for outdoor vehicle display and that C5’s broad permitted uses (about 60 primary uses in staff materials) make the location inappropriate.

During the hearing commissioners asked whether a variance or a zoning exception could satisfy the petitioner’s licensing need without rezoning the property. Staff and petitioner discussed that a variance could be sought under the existing C3 zoning and that variances typically run with the land unless the approving body limits the variance to a specific owner or attaches a termination on sale; staff explained the board of zoning appeals can impose such limits.

After testimony and rebuttal, commissioners cast six ballots: 3 yes, 3 no. President Dillon designated that result a “hard 6,” meaning the prior hearing record is void and the commission must rehear the case de novo. The commission scheduled the de novo hearing for Feb. 5, 2025.

Why it matters: rezoning from C3 to C5 would change the range of uses allowed at the site and could allow future owners to introduce more intensive commercial uses than current tenants’ offices. Neighborhood groups and staff raised long-term concerns about compatibility with adjacent residences, drainage and right-of-way paving.

Key points from the record

- Petitioner: David Wilson, owner of Midhofer Properties, said he acquired the building in mid-October, currently leases office space to multiple tenants and seeks C5 zoning to validate a used-car dealer license; he said he plans limited online sales and no repair operations at the site. - Neighborhood opposition: Warren Township Development Association and Far East Side Community Council opposed C5 zoning and urged protection of long-term neighborhood character. - Staff recommendation: Denial, citing comprehensive plan guidance for C1/C3, presence of nearby residences, paving into the right of way and the need for a 59.5-foot half right-of-way dedication that would constrain display area. - Commission action: Ballot 6 total — 3 yes, 3 no; result triggers de novo rehearing. Feb. 5, 2025 is the next hearing date.

Next steps: The case will be reheard from the beginning as a de novo hearing on Feb. 5, 2025. Parties may present new or supplemental evidence and witnesses at that hearing.