Petitioner Harry Hicks asked the Metropolitan Board of Zoning Appeals on Nov. 4 to waive the board’s notice rule so he would not need to mail the full list of neighborhood organizations listed in Article 4.1.b(8) for a variance to keep a 20-foot storage container on his property.

Hicks said the container replaced a shed destroyed during a storm, that he placed it on concrete and painted it to match his house, and that he could not afford to mail what he believed to be about 200 notices. "All I'm asking a variance for is a storage container," Hicks said. He told the board he had paid the filing fee and that he did not want to mail the full organization list because of the cost and effort involved.

Planning staff opposed the waiver request. A staff representative reminded the board that the rules require mailed notice to all addresses provided by the Department of Metropolitan Development and said that the organization list can include countywide organizations as well as local neighborhood groups. Staff also warned that granting the waiver would set a poor precedent and that the notice lists are available in PDF or Excel and can be used as labels to reduce petitioner burden.

Chair Peter Nelson asked whether anyone in the audience wished to speak; none did. Staff confirmed the affidavit of mailing and sign posting had not been completed, and the board declined to approve the waiver. Instead, by unanimous vote, the board continued the petition (listed in the hearing as 2025UV1019) to the Dec. 2, 2025 hearing so Hicks could complete required mailings, post the notice sign on the property at least 23 days before the hearing and consult with enforcement about any outstanding fines.

Staff told Hicks the affidavit of mailing must be notarized but clarified the actual mailed envelopes do not need to be certified mail — the applicant signs and mails them by standard mail — and staff can provide labels and assistance to reduce postage/labeling burdens. Hicks told the board he has an outstanding enforcement fine he said was about $1,080; staff noted enforcement is handled by the Department of Business and Neighborhood Services and suggested Hicks contact his enforcement officer and neighborhood liaison to discuss withholding or resolution of fines during the continuance period.

The board recorded the continuance vote (mover and second on the record) and instructed staff to assist the petitioner with how the notice must read for the December hearing.