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Hearing examiner acts on waivers, continuances, expedited petitions and a fee-transfer request; key outcomes at a glance

2144204 · January 23, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

At the Jan. 23, 2025 Metropolitan Development Commission hearing examiner session, staff and the examiner processed multiple waivers, continuances, expedited docket additions and approvals. Several petitions were continued to Feb. 20 or Feb. 27; a requested fee transfer was denied and one rezoning was withdrawn.

The hearing examiner handled a large set of procedural and substantive matters Jan. 23, 2025. Below are the key actions and outcomes taken at the hearing examiner session. All items with final MDC action will be forwarded for the Metropolitan Development Commission meeting on Feb. 19, 2025 unless otherwise noted.

Waivers of mailed/posted notice - The hearing examiner granted staff’s request to waive portions of the 23-day notification requirement for a group of petitions (waiver lengths and petition IDs were read into the record); no objections were raised and the waivers were approved.

Continuances acknowledged or granted (selected list) - 2024 ZON 083 (Woodlawn Ave.): continued to Feb. 27, 2025 with notice (petitioner request). - 2024 ZON 101 (1820 South Arlington Ave.): continued to Feb. 20, 2025 (petitioner request; without additional notice). - 2024 ZON 131 (5820 S. Emerson Ave.): automatic continuance acknowledged to Feb. 27, 2025. - Multiple other companion petitions (e.g., 2024 CZN/CAP/CPL 843; 2024 CVR/CPL 841; others) were continued to Feb. 27, 2025 as filed or acknowledged by staff.

Fee transfer and withdrawal - Petition 2024 ZON 139 (1135 & 1141 N. Tacoma Ave): petitioner withdrew the rezoning petition; the petitioner requested transfer of the filing fee to a separate variance petition (2025 PTN 005). Staff opposed the fee transfer on the grounds that the work completed under the rezoning exhausted the fee; the hearing examiner acknowledged the withdrawal and denied the request to transfer the filing fee.

Expedited docket additions and approvals (selected) - Several petitions were placed on and then approved on the expedited portion of the docket where staff recommended approval and no remonstrators were present. The hearing examiner recommended approval of these petitions and will forward them to the MDC on Feb. 19, 2025. Representative items added to the expedited docket and recommended for approval included: 2024 APP 030 (8220 Knab Road — signage), 2024 APP 031 (Virginia Leo Bridal Park playground/amenity improvements at 57100 E. 23rd St.), 2024 MOD 025 (5244 Shelbyville Road — modification), 2024 CZN 842 (2147 Columbia Ave / 1315 E. 22nd St. — amended), 2024 CAP/CPL/CVR 848 (7511 New Augusta Road — modifications and diminished landscaping commitment at 43% living material), 2024 CVR/CPL 854 (5930 Shelby Street), 2024 CAP/CVR 857 (2025 Dugan Drive), 2024 MOD 020 (431 S. Shortridge Road), 2024 ZON 132 / 2025 VAR 001 (3702–3744 N. Keystone Ave. — placed on expedited docket and var approved subject to commitments), 2024 ZON 135 (East 38th St./N. Carol Rd. — subject to staff and neighbor commitments), and 2024 CVR/CPL 838A/B (West 78th St. gemstone streets — amended plats approved subject to conditions and waiver approvals).

Notice waivers and amended notice - The hearing examiner also granted a two-day waiver of mailed notice for companion petitions at 7511 New Augusta Road (2024 CAP/CPL/CVR 848) after staff raised no objection.

Other outcomes - 2024 MOD 025 (5244 Shelbyville Road) remained on the expedited docket after neighbors confirmed concerns were addressed. - The examiner placed several other petitions on the expedited docket and recommended approval subject to the commitments and conditions in staff reports; those recommendations will be forwarded to the MDC.

How to follow up: Items recommended by the hearing examiner will be on the MDC agenda for the Feb. 19, 2025 meeting. Petitions continued to Feb. 20 or Feb. 27 will return to the hearing examiner on those dates with revised or supplemental materials as noted in the record.

Note: This “at-a-glance” summary highlights the procedural outcomes and expedited approvals from the Jan. 23 session. The record contains individual staff reports and written commitments for each petition; for full details, see the Department of Metropolitan Development staff reports that accompany each docket item.