Indianapolis Metropolitan Board of Zoning Appeals Division I Meeting - September 4, 2018
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Metropolitan Board of Zoning Appeals Division I Meeting - September 4, 2018
The Metropolitan Board of Zoning Appeals Division I convened on September 4, 2018, at 1:00 p.m. in the Public Assembly Room of the City-County Building. Chairperson Joanna Taft presided with board members Clint McKay, Roderick Rohanan, Peter Hanscom, and Brian Robinson (joining late). The board heard several expedited and non-expedited petitions, addressing variances for residential development, signage, and use changes. Due to only four board members present for most of the meeting, tied votes resulted in automatic continuances.
Expedited Petitions (Consent Calendar)
- 2018-HOV-083: Approved unanimously (4-0). Variance for a single-family dwelling and detached garage at 1139 Fletcher Avenue with reduced separation (8 feet vs. 10 required) and front setback (10 feet vs. 18 required). Staff recommended approval.
- 2018-DV1-032: Approved unanimously (4-0). Variance for a detached garage at 3116 North Park Avenue creating 45% open space (60% required). Staff recommended approval.
- 2018-DV1-034: Approved unanimously (4-0). Variance for a pool, retaining wall, and structures at 3820 Nesbitt Road including reduced rear setback (10 ft vs. 25 ft), stream corridor encroachment (16 ft vs. 50 ft), and reduced side setback (13 ft vs. 15 ft). A letter of support from the Greater Allisonville Community Council was noted. Staff recommended approval.
- 2018-UV1-030: Approved unanimously (4-0). Variance of use and development standards at 2018 Yandes Street to legally establish a single-family dwelling and garage in an I-3 district with deficient transitional setbacks. Staff recommended approval.
Public Comments & Testimony
- 2018-UV1-006 (3527 N College Ave): Remonstrators Nathan Abbott (3536 Carrollton Ave), Logan Wector (3556 Carrollton Ave), and Gil Amram (3548 Carrollton Ave) opposed the variance for an eight-unit condo building, citing concerns about overdevelopment, precedent, neighborhood character, and enforcement issues. The Mapleton Fall Creek Community Development Corporation submitted a letter of opposition. Petitioner David Dearing argued the building historically had eight units and that the condo project would be a quality restoration.
- 2018-UV1-012 (3760 Cold Spring Rd): No remonstrators appeared. Petitioner Tim Ochs (Marian University) argued the site's unique location as an island near I-65 made it unsuitable for permitted uses; the proposed off-premise stone sign would serve as a campus front door.
- 2018-UV1-019B (1620 S East St): No remonstrators. Petitioner Jason Wolfe argued the garage placement in the alley clear sight triangle matched existing patterns and preserved a mature tree.
Discussion Items
- 2018-DV1-015 (7073 W Washington St): Petitioner Family Express sought a variance for an electronic variable message wall sign (33.88 sq ft, 100% EVMS) within 330 feet of a protected district (600 ft required). Petitioner argued the sign was reduced from a previous denied proposal, included commitments (no blinking/ flashing, hours of operation), and was visually obstructed from most homes. Staff countered that the sign would be visible to several residences, enforcement of commitments was difficult, and no practical difficulty existed. No remonstrators appeared.
- 2018-UV1-006 (3527 N College Ave): Continued from prior hearings. Petitioner Wallvan Investments sought a use variance for eight residential units in a D-5 district where only single- and two-family dwellings are permitted. Staff recommended approval citing historic eight-unit use since at least 1961, though currently vacant. Remonstrators opposed, arguing density (32 units per acre vs. plan recommendation of 8-15) and precedent for nearby illegal operations.
- 2018-UV1-012 (3760 Cold Spring Rd): Marian University requested a use variance for two 10-foot tall, 196 sq ft off-premise signs on a 1.19-acre vacant MU-1-zoned property. Staff recommended denial because the signs would be within 135 feet of a protected district (300 ft required), the property could be developed for permitted office use, and directional signage from INDOT was possible. Petitioner emphasized the site's unique odd shape and lack of frontage, and that the sign would be a campus landmark.
- 2018-UV1-019B (1620 S East St): Petitioner Arthur Haan sought a variance to build a three-car detached garage within the clear sight triangle of two alleys. Staff recommended denial, citing safety hazards and that the need arose from the self-imposed desire to convert the property to multifamily use. Petitioner argued the garage was consistent with neighborhood patterns and that moving it would require removing a large tree.
- 2018-DV1-030 (11650 Fox Rd) and 2018-DV1-033 (7250 E 75th St): Both petitions (Lawrence Township Schools seeking EVMS signs near protected districts) were transferred at petitioner's request to Board Two for hearing on September 11, 2018. No objections.
Key Outcomes
- Approvals: 2018-HOV-083, 2018-DV1-032, 2018-DV1-034, and 2018-UV1-030 were approved via expedited consent (all 4-0).
- Denial: 2018-DV1-015 (Family Express EVMS sign) was denied by a vote of 1-3 (Hanscom yes; Taft, McKay, Bohannon no). The board will adopt findings of fact supporting denial.
- Approved: 2018-UV1-012 (Marian University off-premise sign) was approved by a vote of 3-1 (Taft, Hanscom, Hannahan yes; McKay no).
- Automatic Continuances: 2018-UV1-006 and 2018-UV1-019B each resulted in a 2-2 tie vote, continuing them to the October 2, 2018 hearing.
- Transfers/Continuances: Several petitions were continued or transferred without objection: 2018-UV1-023 (to Oct 2), 2018-UV1-024 and 2018-UV1-025 (to Oct 2), 2017-SE2-002 (to Oct 2), 2018-UV1-033 (transferred to Division III for Sept 18), 2018-DV1-029 (withdrawn, fees transferred to a new petition), and 2018-UV1-031 and 2018-UV1-032 (acknowledged automatic continuances to Oct 2).
- Waiver: A four-day waiver of legal notice was granted for 2018-UV1-019B.
Meeting Transcript
Okay, thank you. It wouldn't work. It's not a great question. I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division One. I'm Joanna Taft, Chairperson of Division One. Other board members present to my left are Clint McKay and Roderick Rohanan, and to my right is Peter Hanscom. We will have a new board member joining us in a few minutes. His name is Brian Robinson. 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 Two, Linda Albrand, Principal Planner Two, Jeffrey York, Senior Planner, Robert E. Lenhake, Senior Planner, Christopher Myers, Senior Planner, and Paige Story, Senior Planner. Keith Holds work is the current planning administrator. This 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. Those who testify will state their name and address for the record before beginning to testify. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal, other petitioners' rebuttal evidence, and a brief closing statement. No further evidence, statements, or arguments can 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 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 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 approved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement locate 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 may file a written request to receive notice of the filing of a petition for a 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 by 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 your cell phone ringers are turned off. If there's anyone in the audience who has any questions about our procedures, um now is the time. Otherwise, we will consider special requests and continuances. Thank you, board. My name is Paul Carroll. I represent the petitioner. I've got two related petitions. Uh but we'll start with the first one. Uh offices at one Indiana Square. Uh suite 1500 Indianapolis Indiana 46204. Uh the first petition is 2018-UV1-025. Uh, this property involved uh has an abandoned commercial building on the property. Uh the petitioners considering uh changing its plan for that property uh to a permitted use once the property has been vacated for five years while it makes that determination and is and collects proof that the property has been abandoned. Uh we'd like to continue this pro this petition uh in order to to to gather that evidence uh before moving forward. Uh so we would request that this uh petition be continued for a period of uh well, I guess through the october second 2018 hearing. I'm sorry, but I can't hear you very well. You want it continued until what date?
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