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Record of Proceedings

Indianapolis Board of Zoning Appeals Division 1 Meeting - May 1, 2018

Board of Zoning Appeals I — Tuesday, May 1, 2018
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, May 1, 2018
StatusFILED
Video Record
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Transcript — Verbatim
0:02

I call this meeting to order.

0:04

This is a public hearing of the Metropolitan Board of Zoning Appeals Division One.

0:08

I'm Clint McKay, Vice Chairperson of Division One.

0:11

The other board members present are Roderick Bohanen, Carmen Leffig, Peter Hanscom, and Renee Napoleon.

0:20

Legal counsel for the board today is Chris Steinmetz.

0:23

Recording these proceedings today is Ron Hampton.

0:26

Staff members present today from the division of planning are Heather Stefan, Larry Callaway, Linda Albrand, Robert Robert Ulenake, Christopher Myers, and Paige Story.

0:38

Keith Holdsworth is the current planning administrator.

0:41

The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today.

0:49

The proceedings of this hearing are governed by the board's rules of procedure.

0:53

The expedite cases will be heard immediately after all requests for continuances or withdrawals.

0:57

As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand.

1:04

Those who intend to testify will please remain standing and be sworn.

1:09

Petitioners should be on your left and remonstrators on your right as you face the board.

1:13

Those who testify will state their name and address for the record before beginning to testify.

1:18

Petitioners and persons appearing in support of the case being heard shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in support of the petition.

1:27

Remonstrators and persons appearing in opposition to the position shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in opposition to the petition.

1:36

Staff will then present the administrators' comments regarding the petition.

1:40

The petitioner will be then be allowed five minutes for rebuttal and a summation of the case.

1:44

Rebuttal must be limited to the subject matter of the initial presentation.

1:48

Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence in a brief closing statement.

1:54

No further evidence, statement, or arguments will be heard unless it is at the discretion of the board.

1:59

Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance.

2:08

If the petitioners have failed to comply with all notices requirements as stipulated by the board's rules of procedure, including posting of the notice sign on the subject property at least 23 days prior to the hearing, the board may continue the petition.

2:20

Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due to lack of proper notice must bring this matter to the board's attention at the beginning of the hearing.

2:32

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

2:39

The installation of landscaping and screening, the paving of parking area, and the dedication of right-of-way are examples.

2:45

These conditions and commitments are integral part of the board's decision and must be met for a granted variance to be valid.

2:51

Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion.

2:59

Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements.

3:06

Failure to comply with any conditions or commitments of a variance granted is a violation enforceable by the Department of Business and Neighborhood Services.

3:14

A person may file a written request to receive notice of the filing of a petition for judicial review of a decision of the board.

3:20

The written request must be filed within five days of the board's decision and must include the person's full name and correct mailing address in a reference to the board's petition number.

3:29

Forms are available and may be obtained from the board secretary.

3:33

Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited.

3:41

Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off.

3:47

Is there anyone in the audience who has any questions about our procedures?

3:52

Okay.

3:53

If not, we will consider special requests and continuances at this time.

4:03

Mr.

4:04

Chairman and members of the board, my name is David Deering, 5936 North Keystone, Suite 202, representing the petitioner in 2018 UV 1006.

4:14

This matter was continued once at the request of the neighborhood organization, and on behalf of the petitioner now requesting a continuance of approximately two months to the June meeting of this board.

4:25

We got feedback from staff on our petition, which was negative.

4:28

Then with the neighborhood association, their feedback was negative.

4:31

So we're need time to get an architect on board to redesign the project to allow for fewer units and make it a condominium, possibly instead of an apartment.

4:42

Okay.

4:43

Thank you.

4:45

Staff.

4:46

Staff, is there any sorry?

4:50

Go ahead.

4:51

You should pull the audience, see if there's any other interests.

4:54

Oh, I'm thinking this is AP.

4:55

And it's UV 1006.

4:56

Okay.

5:00

Are there any remonstrators in the audience regarding UV 1006?

5:07

I'm sorry, Heather pointed out to me that this is no longer April.

5:10

We're we're in May.

5:11

And uh the continu the continuance would be to July 3rd, but I'm gonna be out of town, so I'll have to say till August 7th then.

5:21

August 7th?

5:22

Yes.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████61%
Procedural██████████13%
Legal and Liability███████10%
Transportation███4%
Neighbor Relations██3%
Transportation Safety█2%
Mental Health Awareness█1%
Community Engagement█1%
Environmental Protection█1%
Summary of Proceedings

Indianapolis Board of Zoning Appeals Division 1 - May 1, 2018

The Metropolitan Board of Zoning Appeals Division 1 convened on May 1, 2018, at 6:00 PM UTC (2:00 PM EDT) in Indianapolis, Indiana, with Vice Chairperson Clint McKay presiding. Board members Roderick Bohanen, Carmen Leffig, Peter Hanscom, and Renee Napoleon were present, along with legal counsel Chris Steinmetz and planning staff. The meeting, lasting approximately 2 hours and 32 minutes, handled continuances, expedited petitions, public hearings, and administrative findings.

Continuances and Transfers

  • 2018 UV 1006 (2870-2890-2975 S. Capitol Ave / 2856 S. Meridian St): Continued to August 7, 2018, at the petitioner's request to redesign the project with fewer units and possibly convert apartments to condominiums. Staff had no objection.
  • 2018 DV 1007: Transferred to Board 3 on May 22, 2018, without additional notice.
  • 2018 UV 1010 (4600-4620 W. Southport Rd): Continued to June 5, 2018, at the petitioner's request.
  • 2018 DV 2004 (1335 Marlowe Ave): Transferred to May 22, 2018, without additional notice.
  • 2018 UV 3005 (928 Spruce St): Transferred to May 22, 2018, without additional notice.
  • 2018 UV 1015 (1336 E. Washington St): Acknowledged automatic continuance to June 5, 2018.
  • 2018 DV 1010 (2218 Central Ave): Continued to June 5, 2018, with new notice due to updated site plans requiring new variances.
  • 2017 SE 2002 (5532 N. High School Rd): Transferred to June 5, 2018, after ongoing discussions between the petitioner and Hidden Bay Condominium Association; no objection.
  • 2018 UV 1005 (3320 N. Arlington Ave): Continued to June 5, 2018, after the petitioner agreed; staff required any new information by May 22.

Expedited Cases

  • 2018 AP 1001 (7073 W. Washington St): Family Express Corporation sought a waiver of the refiling rule for an electronic variable message sign, proposing a wall sign instead of the previously denied freestanding sign. Approved 5-0.
  • 2018 DV 1008 (7336 Trotter Rd): Michael Ells requested a variance for a detached garage with an 18-foot front setback (25 feet required). Approved 5-0.
  • 2018 UV 1017 (1529 Southeast St): Stephen R. Hawk requested a use variance for primary and accessory residential uses, including a single-family dwelling and detached garage. Approved 5-0.

Public Hearings

  • 2018 HOV 041 (734 Orange St): Leonard J. Fernandez requested a variance for a detached garage creating 55% open space (60% minimum). Remonstrator Nick Zimmerman, an adjacent neighbor, opposed, citing a year of construction noise, property damage, and unqualified workers. The petitioner said he would use licensed contractors and finish the garage in 90 days. Staff recommended approval, noting the deviation was modest. Approved 5-0.
  • 2017 UV 1026 (2462 N. College Ave / 665 E. 25th St): TGI LLC requested a variance for a dwelling unit above a detached garage accessory to a two-family dwelling. Petitioner Sarah Walters argued the use intensity would be similar to a single-family home. Staff recommended denial, citing overdevelopment and incompatibility. Denied 0-5.
  • 2018 UV 1011 (2860 S. Capitol Ave): CICF Holdings LLC requested a variance for an in-residence comprehensive mental health facility housing up to 20 residents, with farming therapy and produce sales. Attorney Tim Oakes reported agreements with several neighborhood groups; Ed Mayhern of Garfield Park Neighbors spoke in support. Staff required a new plan of operation. Approved 5-0.
  • 2018 UV 1013 (3300 Prospect St): William Shank requested variances to legalize automobile salvage and existing office trailers. Rachel Cooper (Southeast Community Organization) spoke in support, citing the business's 40-year history. Opponents Steve Bailey and Jess Ray raised environmental and blight concerns, with one asking for additional community notice. Staff recommended denial. Denied 1-4, with Bohanen voting yes.
  • 2018 UV 1014 (2525 E. 56th St): Pete's Classic Car Storage and Restoration requested variances for vehicle repair and indoor/outdoor recreation for classic car shows. Attorney Joseph Calderon detailed the low-intensity, indoor nature of the business and proposed commitments. Staff recommended denial but the board adopted staff and petitioner commitments. Approved 5-0.
  • 2018 UV 1016 (2535 Country Club Rd): Jacob Vanderbilt requested a variance for automobile sales. After an expedited request and a brief removal due to a remonstrator, the petition was re-expedited. City-County Councillor Janice McKinnery supported the request with a tenant-limited commitment. Staff recommended approval with two commitments plus the tenant condition. Approved 5-0.

Administrative Actions

  • The board adopted negative findings of fact for petitions 2018 DV 1003 and 2018 DV 1005, and revised findings for 2017 DV 1078.

Key Outcomes

  • Approvals (7): AP 1001, DV 1008, UV 1017, HOV 041, UV 1011, UV 1014, UV 1016.
  • Denials (2): UV 1026 (0-5), UV 1013 (1-4).
  • Continuances/Transfers (9): UV 1006, DV 1007, UV 1010, DV 2004, UV 3005, UV 1015, DV 1010, SE 2002, and UV 1005.
  • Several approvals carried commitments, including tenant-limited operation for UV 1016 and a revised plan of operation for UV 1011.

Meeting Transcript

I call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division One. I'm Clint McKay, Vice Chairperson of Division One. The other board members present are Roderick Bohanen, Carmen Leffig, Peter Hanscom, and Renee Napoleon. Legal counsel for the board today is Chris Steinmetz. Recording these proceedings today is Ron Hampton. Staff members present today from the division of planning are Heather Stefan, Larry Callaway, Linda Albrand, Robert Robert Ulenake, Christopher Myers, and Paige Story. Keith Holdsworth is the current planning administrator. The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today. The proceedings of this hearing are governed by the board's rules of procedure. The expedite cases will be heard immediately after all requests for continuances or withdrawals. As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand. Those who intend to testify will please remain standing and be sworn. Petitioners should be on your left and remonstrators on your right as you face the board. Those who testify will state their name and address for the record before beginning to testify. Petitioners and persons appearing in support of the case being heard shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in support of the petition. Remonstrators and persons appearing in opposition to the position shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present the administrators' comments regarding the petition. The petitioner will be then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of the initial presentation. Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence in a brief closing statement. No further evidence, statement, or arguments will be heard unless it is at the discretion of the board. Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance. If the petitioners have failed to comply with all notices requirements as stipulated by the board's rules of procedure, including posting of the notice sign on the subject property at least 23 days prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due to lack of proper notice must bring this matter to the board's attention at the beginning of the hearing. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening, the paving of parking area, and the dedication of right-of-way are examples. These conditions and commitments are integral part of the board's decision and must be met for a granted variance to be valid. Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of a variance granted is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of the filing of a petition for judicial review of a decision of the board. The written request must be filed within five days of the board's decision and must include the person's full name and correct mailing address in a reference to the board's petition number. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedures? Okay. If not, we will consider special requests and continuances at this time. Mr. Chairman and members of the board, my name is David Deering, 5936 North Keystone, Suite 202, representing the petitioner in 2018 UV 1006. This matter was continued once at the request of the neighborhood organization, and on behalf of the petitioner now requesting a continuance of approximately two months to the June meeting of this board. We got feedback from staff on our petition, which was negative. Then with the neighborhood association, their feedback was negative. So we're need time to get an architect on board to redesign the project to allow for fewer units and make it a condominium, possibly instead of an apartment. Okay. Thank you. Staff. Staff, is there any sorry? Go ahead.

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