The Board of Zoning Appeals on July 28 accepted a petitioner's request to withdraw a special exceptions petition seeking a parking variance for apartments at parcel 52-08-27-302-117, commonly known as 52 6 54 South Broadway.
The clerk said the petitioner "sent an email stating that, he'd like to have it removed from the agenda, that he said we do not need to have the variance granted as the building is grandfathered to not needing 2 parking spots since it was being used as apartments before the date of the ordinance." A committee member moved to accept the withdrawal; another member seconded the motion and the board approved it by voice vote.
Board members discussed that the petitioner asserted the building is grandfathered because its use predated the ordinance and that no change of use or additional square footage had been filed. Staff reported they reviewed prior versions of the ordinance during that conversation, noting the prior ordinance has similar parking requirements, and the withdrawal means the petitioner would need to reapply if future changes trigger a variance requirement.
The motion recorded was to accept the petitioner's request to withdraw the variance application; it was made by a committee member and seconded by another committee member. The board voted by voice and approved the withdrawal. No formal hearing or vote on the variance itself occurred because the petition was withdrawn.