The Metropolitan Board of Zoning Appeals Division 3 on Oct. 21 granted a variance allowing construction of a 7 Brew coffee shop at 980 South Kitley Avenue that departs from Transit Overlay District development standards, including a reduced front building line and additional parking. The board voted 4–1 to approve the amended application.

The petition, presented by attorney Tim Oakes of Ice Miller on behalf of Net Lease Properties, requested an exception to the TOD front building line (80% required; petitioner initially proposed 17% of frontage) and to exceed the allowed maximum parking for a building of the proposed size. "We have designed it so that it takes into consideration the fact that there's a nearby transit station," Oakes said during his presentation, adding the building would include a walk‑up window and outdoor seating.

Staff urged denial. SAP staff told the board the project “would allow for a large deviation in front building line requirements and to exceed the maximum parking allowed at this TOD site,” and recommended denial because the proposal was inconsistent with transit‑oriented development goals emphasizing walkability, minimal surface parking and continuous street walls. Staff noted the primary building footprint would be about 510 square feet and that the ordinance’s maximum for a building that size would allow roughly five surface parking spaces; the applicant proposed 10 surface spaces plus 21 stacking spaces for two drive‑through lanes.

In debate, petitioner representatives said the site has been vacant and difficult to develop, that the proposed coffee shop would reuse an outlot and that nearby stakeholders — including the Warren Township Development Association and the district councilor — supported the project. Oakes said the project would be an investment of “over $2,000,000 of improvements” and argued the proposed layout balances transit access and customer parking needs.

Board members divided on whether the site‑specific characteristics constituted a practical difficulty warranting a variance. After discussion the board approved the requested variances. The roll call vote recorded Percy Bland, Brian Hannon, Joanna Taft and Rod Bohannon voting yes; Rhianna Bender voted no.

The approval allows the project to proceed subject to any permitting and design review steps required by city processes.

What happens next: The petitioner may proceed to permitting and must satisfy any conditions of approval and design review required under the consolidated zoning and subdivision ordinance and any Transit Overlay District requirements not superseded by the variance.