OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metropolitan Board of Zoning Appeals Division I Meeting - July 3, 2018

Board of Zoning Appeals ITuesday, July 3, 2018
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, July 3, 2018
StatusFILED
Video Record

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Transcript — Verbatim
0:03

I'm gonna I'm gonna call this meeting to order.

0:06

I'm Joanna Taft, chairperson of division, the Metropolitan Board of Zoning Appeals, Division 1.

0:13

Other board members present to my left are Clint McKay and Rick Roderick Bohannan, and to my right, Peter Hanscom.

0:20

Legal counsel for the board today is Chris Steinmetz.

0:23

Recording this proceedings today is Ron Hampton.

0:26

Staff members present today from the division of planning are Heather Stefan, Senior Board Specialist and Secretary to the Board, Larry Callaway, Principal Planner 2, Robert Ulenhaik, Senior Planner, Christopher Myers, Senior Planner, Paige Story, Senior Planner.

0:41

Keith Holdsworth is the current planning administrator.

0:44

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

0:51

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

0:55

The expedited case will be heard immediately after all requests for continuances or withdrawals.

1:01

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

1:08

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

1:12

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

1:16

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

1:21

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.

1:32

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

1:42

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

1:45

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

1:49

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

1:53

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

2:00

No further evidence, statements, or arguments will be heard unless it's at the discretion of the board.

2:05

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

2:15

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

2:27

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

2:38

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

2:44

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

2:51

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

2:57

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

3:05

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

3:13

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

3:21

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.

3:28

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 and a reference to the board's petition number.

3:38

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

3:41

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

3:49

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

3:56

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

4:09

So if you have a petition that staff is recommending denial, there is a chance you need to think about how we vote.

4:17

There could be two against two, and there could be an indecisive vote, so we might have to rehear it.

4:22

So if you think if you would like to ask for continuance because you're concerned that we have four board members instead of five, um, you you can do that at the beginning of the hearing.

4:32

Secondly, um at 4 30, two of our board members need to leave.

4:37

So at 4 30, we're actually gonna lose our quorum.

4:40

And so if you would like to have your um petition continued, you can ask for uh that that to happen so that you can get your petition and leave earlier and not have and not wait until we don't have quorum and then you have to leave anyway.

5:00

Um then also if um if you are here until 4 30 and we haven't heard your case, your case will be uh we will continue your petition.

5:07

So you just need them to know that there is a chance that's there is a very good chance that some of you are gonna have continued petitions today.

5:14

Um if you have the opportunity to have an expedited case, so we have seven cases at the beginning right now that are already marked as expedited.

5:21

That means that they don't have any uh remonstrators and the staff is on board with your request.

5:27

Um if you think that you're close to being expedited and um you don't see a remonstrator here, and that um I would I would also ask that you consider asking for your case to be expedite expedited if staff is approving um your request.

5:43

So um I hope that is clear.

5:46

Um we are gonna start with um special requests and continuances.

5:50

So if you want to have your case expedited or you want to have your case continued, now would be the time um to make that request.

5:58

Chairperson, members of the board for the record.

6:00

Uh my name is Tim Oakes, I'm an attorney with Ice Miller.

6:03

The offices at one American Square Suite 2900, Indianapolis, Indiana, 46282-0200.

6:09

I'm here this afternoon on behalf of Marion University with respect to petition number 2018 UV 1012 at 3760 Cold Spring Road.

6:21

We just submitted completely uh redesigned plans to staff, and therefore I would like to meet with them and therefore request a continuance to I believe your August 7th uh public hearing without notice.

6:35

Is there anyone in the room that has an interest in 2018 UV 1012?

6:40

Seeing none, let's hear from staff.

6:43

Staff supports the continuance request to review the great is there a motion?

6:49

Is there a second?

6:50

Second.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████69%
Public Safety█████8%
Water And Wastewater Management███4%
Procedural██3%
Environmental Protection██3%
Community Engagement2%
Economic Development2%
Historic Preservation2%
Parking Management2%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division I Meeting - July 3, 2018

The Metropolitan Board of Zoning Appeals Division I convened on July 3, 2018, at 1:00 p.m. in the Public Assembly Room of the City-County Building, Indianapolis, Indiana. Chairperson Joanna Taft presided. The board heard a series of variance and special exception petitions, with 30+ items on the agenda. Due to a lack of quorum at prior meetings, many petitions were transferred to this hearing. The board also noted that two members would leave at 4:30 p.m., potentially affecting quorum.

Consent Calendar (Expedited Petitions)

  • 2018-SE3-003 (6337 Hanna Ave): Special exception for a religious use in an existing building. Approved unanimously.
  • 2018-DV3-022 (4560 E 62nd St): Variance to allow a 6.2-ft tall freestanding sign for a day care. Approved unanimously.
  • 2018-UV3-008 (5820 W 56th St): Variance to legally establish a gasoline service station. Approved with commitments from the Pike Township Resident Association.
  • 2018-DV1-016 (449 Parkway Ave): Variance to legally establish a 6-ft tall fence in the front yard. Staff corrected setback measurement; approved unanimously.
  • 2018-DV1-020 (270 N Reisner St): Variance to allow a single-family dwelling with reduced setbacks. Approved unanimously.
  • 2018-DV3-004 (1017 St. Paul St): After amendment, variance to legally establish an existing two-family dwelling with a garage. Approved unanimously.
  • 2018-DV1-017 (2054 W 65th St): Variance to create two lots of 11,399 sq ft each for Habitat for Humanity. Approved unanimously.
  • 2018-DV3-023 (109 Walleye Ct): Variance to add a three-season porch with reduced side setback. Approved unanimously.

Public Comments & Testimony

  • 2018-UV1-005 (3320 N Arlington Ave): Petitioner argued for a home care office, citing no structural changes and neighbor support. Staff opposed, citing commercial intrusion into a residential area. No remonstrators. Denied.
  • 2018-UV3-001 (828 Shelby St): Petitioner presented letters of support from neighborhood associations and councilman for two townhomes and a commercial space. Staff argued over-intensification. Denied.
  • 2018-UV3-012 (3615 S Rural St): Petitioner (Hotel Tango Farms) requested a roof sign and whiskey barrel storage. Petitioner argued the use is agricultural and the sign is artistic. Staff opposed, citing incompatibility with residential area. Approved.
  • 2018-UV3-014 (6566 Carrollton Ave): Petitioner requested a Pilates studio. A remonstrator raised parking concerns. Staff recommended approval with commitments. Approved.
  • 2018-UV1-010 (4600 & 4620 W Southport Rd): Petitioner proposed a camping, fishing, and recreation site. The Decatur Township Civic Council and Councilor Holiday opposed, citing safety and lack of attendant. Staff recommended approval. Approved with conditions.
  • 2018-UV1-019A (1620 S East St): Petitioner requested three residential units in an existing building. Remonstrator from HBHW neighborhood opposed intensification. Staff recommended denial. Denied.
  • 2018-DV1-019 (6919 Wildridge Dr): Petitioner requested a lot split to create a 0.18-acre lot. Remonstrators opposed due to lot size, sewer concerns, and plat restrictions. Staff recommended denial. Denied.
  • 2018-DV1-021 (4030 N Illinois St): Petitioner requested a 7-ft tall fence for security. No remonstrators. Staff opposed, citing CPTED principles. Petitioners described a crime incident. Approved.

Discussion Items

  • 2018-UV1-012 (3760 Cold Spring Rd): Continued to August 7, 2018, for revised plans.
  • 2018-UV1-023 (5651 S Harding St): Continued to August 7, 2018, to add a variance for a gravel parking lot.
  • 2017-SE2-002 (5532 N High School Rd): Continued to August 7, 2018, for further discussions.
  • 2018-DV1-015 (7073 W Washington St): Automatic continuance to August 7, 2018.
  • 2018-DV1-018 (749 Parkway Ave): Withdrawn.
  • 2018-UV1-024 (810, 814, 818 S State Ave): Continued to August 7, 2018.
  • 2018-UV1-025 (802 & 808 S State Ave): Continued to August 7, 2018.
  • 2018-UV1-019B (1620 S East St): Split from A; continued to August 7, 2018, for new notice.

Key Outcomes

  • Approved (8 petitions): 2018-SE3-003, 2018-DV3-022, 2018-UV3-008, 2018-DV1-016, 2018-DV1-020, 2018-DV3-004, 2018-DV1-017, 2018-DV3-023, and additionally 2018-UV3-012, 2018-UV3-014, 2018-UV1-010, 2018-DV1-021.
  • Denied (4 petitions): 2018-DV3-015, 2018-UV1-005, 2018-UV3-001, 2018-UV1-019A, 2018-DV1-019.
  • Continued (7 petitions): 2018-UV1-012, 2018-UV1-023, 2017-SE2-002, 2018-UV1-024, 2018-UV1-025, 2018-UV1-019B, 2018-DV1-015.
  • Withdrawn: 2018-DV1-018.
  • The board adopted negative findings for several previously denied petitions.

Meeting Transcript

I'm gonna I'm gonna call this meeting to order. I'm Joanna Taft, chairperson of division, the Metropolitan Board of Zoning Appeals, Division 1. Other board members present to my left are Clint McKay and Rick Roderick Bohannan, and to my right, Peter Hanscom. Legal counsel for the board today is Chris Steinmetz. Recording this proceedings today is Ron Hampton. Staff members present today from the division of planning are Heather Stefan, Senior Board Specialist and Secretary to the Board, Larry Callaway, Principal Planner 2, Robert Ulenhaik, Senior Planner, Christopher Myers, Senior Planner, Paige Story, Senior Planner. 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 expedited case 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 petition 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 then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement. No further evidence, statements, or arguments will be heard unless it's at the discretion of the board. Please limit your testimony and evidence to the matters covered in the statute statutory requirements, which must be met in order for the board to grant a variance. If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice signed 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 to continue 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 rights of way are examples. These conditions and commitments are an 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 grant 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 and 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 rigors are turned off. Is there anyone in the audience who has questions about our procedures? So if you have a petition that staff is recommending denial, there is a chance you need to think about how we vote. There could be two against two, and there could be an indecisive vote, so we might have to rehear it. So if you think if you would like to ask for continuance because you're concerned that we have four board members instead of five, um, you you can do that at the beginning of the hearing. Secondly, um at 4 30, two of our board members need to leave. So at 4 30, we're actually gonna lose our quorum. And so if you would like to have your um petition continued, you can ask for uh that that to happen so that you can get your petition and leave earlier and not have and not wait until we don't have quorum and then you have to leave anyway. Um then also if um if you are here until 4 30 and we haven't heard your case, your case will be uh we will continue your petition. So you just need them to know that there is a chance that's there is a very good chance that some of you are gonna have continued petitions today. Um if you have the opportunity to have an expedited case, so we have seven cases at the beginning right now that are already marked as expedited. That means that they don't have any uh remonstrators and the staff is on board with your request. Um if you think that you're close to being expedited and um you don't see a remonstrator here, and that um I would I would also ask that you consider asking for your case to be expedite expedited if staff is approving um your request. So um I hope that is clear. Um we are gonna start with um special requests and continuances. So if you want to have your case expedited or you want to have your case continued, now would be the time um to make that request.

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