Indianapolis Board of Zoning Appeals Division 1 Meeting – August 7, 2018
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Indianapolis Board of Zoning Appeals Division 1 Meeting – August 7, 2018
The Metropolitan Board of Zoning Appeals, Division 1, convened on August 7, 2018, at 18:00 UTC (2:00 PM local) in Indianapolis, Indiana, with Chairperson Joanna Taft and members Clint McKay, Roderick Bohannon, and Peter Hanscom. The board addressed 14 variance petitions, granted nine continuances, and adopted findings of fact for prior cases. The chair warned that one board member would depart at 3 PM and quorum would be lost at 3:45 PM, prompting parties to consider continuances.
Continuances and Special Requests
- 2018-UV1-024 and 2018-UV1-025 – Continued to September 4, 2018, at the petitioner's request without additional notice.
- 2018-UV2-013 – Two-day notice waiver granted; case later heard and approved.
- 2018-UV1-012 – Continued to September 4, 2018, due to petitioner's attorney being in mediation.
- 2018-HOV-080 – Continued to October 2, 2018, over the petitioner's objection, after remonstrators reported lack of communication.
- 2018-DV1-015 – Continued to September 4, 2018, due to potential board scheduling conflicts.
- 2017-SE-2002 – Continued to September 4, 2018, to allow negotiations with a condo association.
- 2018-UV1-006 – Continued to September 4, 2018, with support of the Watson Park Neighborhood Association.
- 2018-UV1-023 – Continued to September 4, 2018, pending health department feedback.
- 2018-UV1-019B – Continued to September 4, 2018, to satisfy legal notice requirements.
Cases moved to the expedited docket: 2018-DV1-014, 2018-UV1-020, 2018-DV1-025, and 2018-DV3-032.
Expedited Docket (Consent Calendar)
All expedited cases were approved unanimously (4-0) unless otherwise noted.
- 2018-DV1-023 (515 East Market St.): Front yard fence height variance – Approved.
- 2018-DV1-024 (601 West Epler Ave.): Side and rear setbacks for garage and greenhouse – Approved.
- 2018-DV1-026 (2170 East 75th St.): Garage side setback and accessory structures in front yard – Approved.
- 2018-UV1-027 (5565 North Keystone Ave.): Roof signs and pylon sign with reduced front setback – Approved subject to one commitment.
- 2018-UV1-028 (370 South Franklin Rd.): Expansion of maintenance/storage building – Approved after amendment.
- 2018-UV2-013 (1164 Birdsell Pkwy.): Lot width and front setback variances – Approved; continued for adoption of revised findings.
- 2018-DV1-014 (329 Lincoln St.): Dwelling and garage setbacks/open space – Approved.
- 2018-UV1-020 (334 Lincoln St.): Residential use variance – Approved.
- 2018-DV1-025 (1531 Southeast St.): Retail building parking and transitional yard – Approved as amended.
- 2018-DV3-032 (963 Hosbrook St.): Dwelling addition setbacks and open space – Approved subject to commitments.
Regular Hearings
- 2018-DV1-022 (3902 North Illinois St.): Variance for building in clear side triangle, setbacks, sign, sidewalk cafe, and fencing. The petitioner withdrew the sidewalk cafe request; staff recommended approval; the variance was approved 4-0.
- 2018-DV1-027 (1266 Lawrence Ave.): Variance for a 7-foot fence (6 feet maximum). The petitioner, Joseph Bishop, cited burglaries and the need to contain his dogs. Staff recommended denial, but the board voted 3-1 to approve (Hanscom, McKay, Bohannon yes; Taft no).
- 2018-DV1-028 (5883 North Victoria Dr.): Variance for a detached garage with a 22-foot front setback (25 feet required) in the established front yard. The petitioner cited mature trees and existing paving. Staff recommended denial, noting adequate rear yard space; the board voted 0-4 to deny.
- 2018-UV1-026 (1236 English Ave.): Variance of use to permit three single-family dwellings and a secondary dwelling on commercially zoned property. The petitioner argued rezoning would cause undue hardship; staff recommended denial and suggested rezoning. The board voted 3-1 to approve (Hanscom, Taft, McKay yes; Bohannon no).
Key Outcomes
- Approved (13 petitions): All expedited cases and three regular cases (2018-DV1-022, 2018-DV1-027, 2018-UV1-026).
- Denied (1 petition): 2018-DV1-028 (0-4).
- Continued (9 cases): Listed above; all to September 4, 2018, except 2018-HOV-080 to October 2, 2018.
- Findings adopted: Revised findings for 2018-UV2-013; negative findings for 2018-DV1-019, 2018-UV1-005, and 2017-DV1-078.
- Adjournment: The board adjourned after completing all business.
Meeting Transcript
I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I'm Joanna Taft, Chairperson of Division 1. Other board members present to my left are Clint McKay and Roderick Rohanan. And to my right is Peter Hanscom. 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, Senior Board Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2, Linda Albrand, Principal Planner 2, Jeffrey York, Senior Planner, Robert Ulen Haig, Senior Planner, Christopher Myers, Senior Planner, and Paige Story, Senior Planner. Keith Hold's work is the current planning administrator. The board has copies of the zoning ordinances that will be incorporated 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 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 the 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 administrator's comments regarding the petition. The petitioner would then be allowed, 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 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 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 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 that 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 screening, the paving of parking area, and the dedication of rights away 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 proved 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 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 ringers are turned off. Is there anyone in this audience who has questions about our procedures? If not, we will consider special requests and continuances at this time. Offices at 1 Indiana Square, Suite 1500. I represent the petitioner in 2018-UV1-024 as well as 2018-UV1-025. We met with staff uh last week regarding these petitions, and we're attempting to come up with some sort of a uh alteration of the plans to to reach an agreement. Uh we would request that this be continued until September 4th's meeting. Um is there anyone you want to both cases 24 and 25? Do I need to hear that separately? Or can I call? Okay, let's do 24 first. Um is there anyone in the audience who has an interest in 2018 UV 1024? Seeing none, let's hear from staff.
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