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Zoning appeals board grants two garage variances, approves waivers and continuances
Summary
The Metropolitan Board of Zoning Appeals Division 2 voted unanimously to grant variances allowing construction of garages at 5541 North Kenwood Avenue and 5340 North New Jersey Street, approved a 10‑day notice waiver, and continued a separate petition to the board's next meeting.
The Metropolitan Board of Zoning Appeals Division 2 voted unanimously to grant variances for two garage replacement projects and approved related procedural motions during a public hearing. The board also granted a 10‑day waiver of notice and continued one petition to the board's next meeting date.
The board approved an expedited variance for 5541 North Kenwood Avenue (case 2024‑DV1‑048), allowing an attached garage with a 15‑foot rear yard setback where 20 feet are required. The petitioners on that case were John Stewart Alexander and Warren Kangony, represented by Laurie Tinsley. The board adopted findings and voted 4–0 to grant the variance without taking additional testimony because the petition was placed on the expedited docket.
The board then heard public testimony on case 2024‑DV2‑046, a request for a detached garage at 5340 North New Jersey Street. Joshua Sangel spoke for petitioners Katie and Nelson Spade and said the owners want to replace an existing accessory structure on the same footprint, noting neighborhood precedent and an adjacent neighbor letter of support. "We're just asking to rebuild and make a structure that is aged and needs replaced up to current standards," Sangel said.
Staff (Division of Planning) recommended denial of the 5340 North New Jersey Street petition. Staff told the board that when the existing foundation is removed the legal nonconforming status tied to that foundation is lost under the consolidated zoning and subdivision ordinance; staff said the petitioners have enough space to meet modern setbacks or to reduce the garage footprint. Petitioners responded that removing or moving the structure would make alley access tighter, reduce backyard space and remove storage the owners use; they also said the structure has been on the property for roughly a century and they plan to replace the foundation.
After questions from board members about alternatives (including making the garage smaller or moving it within the lot), the board voted 4–0 to grant the variance for 5340 North New Jersey Street, allowing the requested 2‑foot rear and north side setbacks where the ordinance requires a 5‑foot rear and a 4‑foot north side setback.
On procedural items, the board unanimously approved a motion to waive its rules to allow expedited petitions to have findings adopted without additional testimony. The board granted a 10‑day waiver of notice and signage for petition 2024‑DV2‑046 after staff said legal notice had been delivered late. The board also continued petition 2024‑DV2‑047 (5088 Bonnie Brae Street), at staff request due to deficient newspaper notice, to the board's next meeting on Feb. 11, 2025.
The board took a final call for additional business and adjourned. Four members were present for the hearing; three votes were required for action on any request.
