OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metropolitan Board of Zoning Appeals Division I Meeting - November 8, 2018

Board of Zoning Appeals I — Thursday, November 8, 2018
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateThursday, November 8, 2018
StatusFILED
Video Record
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Transcript — Verbatim
0:34

If you've not already done so, I need you to fill out an attendant slip indicating who you are and what petition you are here for today.

0:41

These attendance slips are located right down here next to the staff reports.

0:45

There are also pens for your use.

0:47

Additionally, if you have any exhibits that you want to submit for a petition being heard today, I want those now as well.

0:52

Thank you.

1:03

Where's the attendance list?

1:20

Is that the attendance list?

1:21

Yeah, it's a slip.

2:34

Okay.

2:35

Well, and if you're going to add it, but I'll use that for the five years.

5:22

I guess we had a scale.

5:25

I guess too.

5:49

This call to order.

5:51

This is a public meeting.

5:52

Ron, are you all right?

5:54

Okay.

5:54

This is a public meeting of the Metropolitan Board of Zoning Appeals Division 1.

5:58

I am Craig E.

5:58

Von Dalen, alternate from Division III and acting chairperson of Division One.

6:03

The other board members present are Roderick Bohanan to my left, and then to my right, Matthew Draving, an alternate from Division III, and Rahani Napoleon, an alternate.

6:14

Renee, I'm sorry, Renee.

6:16

Legal counsel for the board today is Chris Steinmetz.

6:18

Recording these proceedings today is Ron Hampton.

6:21

Staff members present today from the Division of Planning are Heather Stephen, Senior Board Specialist and Secretary of the Board.

6:27

Larry Calloway, a principal planner, too.

6:29

Jeffrey York, Senior Planner, Robert Hewland Haik, Senior Planner, Paige Story, Senior Planner.

6:35

Keith Holdsworth is the current planning administrator.

6:37

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

6:45

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

6:49

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

6:55

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

7:02

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

7:06

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

7:11

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

7:16

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.

7:26

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.

7:35

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

7:39

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

7:44

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

7:48

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

7:56

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

8:01

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.

8:23

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.

8:35

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

8:41

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

8:49

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

8:56

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

9:05

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

9:12

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

9:28

The written request must be filed within five days of the Board's decision.

9:32

And must include the person's full name and correct mailing address and a reference to the board's petition number.

9:37

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

9:41

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

9:49

Please be courteous and orderly at all times.

9:51

And please be sure all cell phone ringers are turned off.

10:00

If there is oh, and by the way, we are a four-member board today, so you will need to get a majority or three members to vote in favor of your petition for it to pass.

10:05

Normally we would be a five-member board.

10:07

If there's anyone in the audience who has any questions about our procedures, is there anyone in the audience who has any questions about our procedures?

10:15

None being seen, we'll consider special requests and continuances at this time.

10:26

That's right.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████59%
Procedural██████████13%
Parking Management█████7%
Community Engagement████5%
Sign Regulation███4%
Public Engagement██3%
Noise Ordinance██2%
Transportation██2%
Fire Safety█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division I Meeting - November 8, 2018

The Metropolitan Board of Zoning Appeals Division I convened on November 8, 2018, at 1:00 p.m. in the Public Assembly Room of the City-County Building. Acting Chair Craig E. Von Dalen presided over a four-member board (Roderick Bohanan, Matthew Draving, Rahani Napoleon) with legal counsel Chris Steinmetz. Due to the four-member panel, a majority of three votes was required for approval. The board heard a mix of expedited and regular petitions, granted multiple continuances, approved several variance requests, denied one, and saw one petition automatically continued due to a tie vote.

Consent Calendar

  • Continuances Granted:
    • 2017-SE2-002 (5532 N. High School Road): Petitioner requested continuance to meet with remonstrators; continued to December 4, 2018, with notice.
    • 2018-DV1-044 (2729 Madison Avenue): Continued to December 4, 2018, without notice, to revise site plan.
    • 2018-DV1-047 (4565 N. Park Avenue): Continued to December 4, 2018, without notice, to meet with neighborhood land use committee.
    • 2018-UV1-024 (810-818 S. State Avenue) and 2018-UV1-025 (802-808 S. State Avenue): Continued to December 4, 2018, without notice, pending verification of commercial building vacancy.
  • Withdrawal Acknowledged: 2018-DV1-035 (220 S. Girls School Road) was withdrawn by the petitioner.
  • Automatic Continuance: 2018-UV1-039 (1436-1442 E. 10th Street) was continued to December 4, 2018, due to a timely automatic continuance filed by a registered neighborhood organization.
  • Expedited Docket Transfer: 2018-DV1-040 (612-616 Stevens Street) was moved to the expedited docket at the petitioner's request, with staff recommending approval.

Public Comments & Testimony

  • 2018-UV1-038 (6629 Massachusetts Avenue): Several remonstrators (Jeanette Craney, Juka, Angela Mendenhall, Wyona Zetterberg, Nathan Byrd, Alison Minton Hall) testified in opposition. They expressed concerns about noise from heavy equipment, loss of trees and privacy, water runoff changes, safety hazards from commercial trucks entering/exiting a busy road, potential for future commercial intensification, and the presence of gravel and lights indicating intended commercial use. They also noted that the property had been a wooded buffer and that the petitioner's cleanup claims conflicted with observed activities. A petition with signatures from nearby residents was submitted.
  • 2018-UV1-035 (7129 E. Thompson Road): No remonstrators appeared. The petitioner, Donald Pulley, testified in favor, stating the pest control business is home-based, chemicals are stored securely, and the sign and fence are intended to be landscaped and unobtrusive.
  • 2018-DV1-045 (724-728 E. 21st Street): No remonstrators appeared. Petitioner Luke Burrow argued for the need to maintain a functional family home size, noting that adjacent properties have similar open space percentages.
  • 2018-UV1-040 (6525 Ferguson Street): No remonstrators appeared. Petitioner Stacy Boggs testified in support, noting that nearby properties have front-yard parking and that the area is increasingly commercial. Sid Blazik, a real estate developer, also spoke in favor.

Discussion Items

  • Expedited Petitions (Unanimously Approved):

    • 2018-AP1-002 (969 Elm Street): Waiver of refiling rule to allow a new development standards petition after a prior denial. Staff noted substantial changes to the site plan (50% open space, 5-foot side setbacks). Approved 4-0.
    • 2018-DV1-036 (1409 Orange Street): Variance to legalize and add to an existing dwelling with reduced setbacks. Staff noted consistency with neighborhood character. Approved 4-0.
    • 2018-DV1-042 (314 N. State Avenue): Variance for a single-family dwelling with a secondary dwelling unit and reduced front setback. Staff noted alignment with adjacent dwellings. Approved 4-0.
    • 2018-DV1-046 (5325 N. Delaware Street): Variance to replace an existing detached garage with a slightly larger one, with reduced side and rear setbacks. Staff noted the garage had existed since at least 1915. Approved 4-0.
    • 2018-UV1-034 (48 Palmer Street): Variance to legally establish single-family attached dwellings and add steps/landing to a multi-family building. Staff recommended approval with a commitment for concrete construction. Approved 4-0.
    • 2018-DV1-040 (612-616 Stevens Street): Variance for two single-family dwellings with reduced setbacks and open space. The petitioner amended the plan to 55% open space, 4-foot side setbacks, and 8-foot front setbacks, meeting staff conditions. Approved 4-0.

  • Regular Petitions:

    • 2018-UV1-035 (7129 E. Thompson Road): Request for a pest control business (use variance), illuminated sign, and 7-foot fence/piers. Staff recommended approval of the brick piers but denial of the use variance and sign/fence variances, citing concerns about chemical storage and commercial character. The board voted 3-1 to approve the entire request (Von Dalen dissenting). The petitioner agreed to reduce the fence to 6 feet.
    • 2018-DV1-045 (724-728 E. 21st Street): Variance for two dwellings with reduced open space (40% for 724) and side setback. Staff recommended approval of most items but denial of the 3-foot side setback and 40% open space, suggesting a reduction to 50% open space and a 4-foot side setback. The board split 2-2 (Von Dalen and Bohanan in favor; Draving and Napoleon opposed), resulting in an automatic continuance to December 4, 2018.
    • 2018-UV1-038 (6629 Massachusetts Avenue): Variance for outdoor storage of portable containers and commercial vehicles related to site cleanup. Staff recommended denial, citing the intense commercial nature, lack of appropriate setbacks, inconsistency with the comprehensive plan, and potential for permanent commercial use. The board voted unanimously (0-4) to deny.
    • 2018-UV1-040 (6525 Ferguson Street): Variance for a hair salon (use variance) and front-yard parking with reduced setbacks. The petitioner withdrew requests for variances related to handicapped and bicycle parking after providing a site plan showing compliance. Staff recommended denial of front-yard parking, citing the Broad Ripple plan's pedestrian-oriented goals and safety concerns. The board voted to approve (vote tally unclear from transcript, but meeting adjourned after approval).

Key Outcomes

  • Approved (Expedited): 2018-AP1-002, 2018-DV1-036, 2018-DV1-042, 2018-DV1-046, 2018-UV1-034, 2018-DV1-040 – all granted 4-0.
  • Approved (Regular): 2018-UV1-035 (3-1), 2018-UV1-040 (majority vote, exact tally not recorded).
  • Denied: 2018-UV1-038 (0-4).
  • Continued: 2018-DV1-045 (2-2 tie, automatically continued to December 4, 2018); multiple other petitions continued as noted above.
  • Withdrawn: 2018-DV1-035.
  • Next Steps: Petitioners for approved variances must comply with any conditions and submit affidavits of compliance. The board will adopt findings of fact for the denial of 2018-UV1-038 at a future meeting.

Meeting Transcript

If you've not already done so, I need you to fill out an attendant slip indicating who you are and what petition you are here for today. These attendance slips are located right down here next to the staff reports. There are also pens for your use. Additionally, if you have any exhibits that you want to submit for a petition being heard today, I want those now as well. Thank you. Where's the attendance list? Is that the attendance list? Yeah, it's a slip. Okay. Well, and if you're going to add it, but I'll use that for the five years. I guess we had a scale. I guess too. This call to order. This is a public meeting. Ron, are you all right? Okay. This is a public meeting of the Metropolitan Board of Zoning Appeals Division 1. I am Craig E. Von Dalen, alternate from Division III and acting chairperson of Division One. The other board members present are Roderick Bohanan to my left, and then to my right, Matthew Draving, an alternate from Division III, and Rahani Napoleon, an alternate. Renee, I'm sorry, Renee. 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 Stephen, Senior Board Specialist and Secretary of the Board. Larry Calloway, a principal planner, too. Jeffrey York, Senior Planner, Robert Hewland Haik, Senior Planner, Paige Story, Senior Planner. Keith Holdsworth is the current planning administrator. The board has copies of the zoning ordinance 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 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 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 presentation. Remonstrators will then then be allowed five minutes to rebuttal for the petitioner's rebuttal evidence and a brief closing statement. No further evidence, statements, 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. 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 rights of way are examples. These conditions and commitments are an integral part of the board's decision and must be met for grant 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 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. The written request must be filed within five days of the Board's decision.

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