Board of Zoning Appeals I - February 5, 2019: Multiple Variance Decisions and Continuances
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Board of Zoning Appeals I - February 5, 2019
The Metropolitan Board of Zoning Appeals, Division 1, met on February 5, 2019, at 1:00 PM to hear requests for variance of development standards, continuances, and a fee waiver request. Chairperson Joanna Taft presided with board members Clint McKay, Peter Hanscom, and Brian Robinson. The board voted on several expedited cases and deliberated on contested petitions, resulting in approvals, denials, and continuances.
Consent Calendar
- Automatic Continuances Acknowledged: 2019 DV 1001 (Bluff Road) and 2019 SE 1001 were automatically continued to the March 5, 2019 hearing by neighborhood organizations; the board acknowledged these continuances.
Public Comments & Testimony
- Judith Essex (1133 Church Street), representing the Old South Side Neighborhood, requested a waiver of the variance fee for neighborhood banners that were not in compliance with ordinances. Staff recommended reducing the fee to $279. The board approved the fee reduction.
Discussion Items
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Continuances Granted (with notice or without):
- 2018 UV 1045 (5101 W 38th St): Continued to March 5, 2019, to allow time for neighborhood association review of commitments.
- 2018 DV 1044 (2729 Madison Ave): Continued to March 5, 2019, with additional notice for amended petition.
- 2018 DV 1047 (4565 N Park St): Continued to March 5, 2019, without additional notice, to meet with neighborhood land use committee.
- 2018 UV 1025 (802 & 808 S State Ave): Continued to April 2, 2019, with new notice, to amend petition from townhouses to live-work units.
- 2018 UV 1024 (810, 814, 818 S State Ave): Continued to March 5, 2019, without notice, to reduce density from four townhouses to three detached units.
- 2018 DV 1056 (8304 N College Ave): Continued to March 5, 2019, without notice, to obtain approval letters from citizens and IPL.
- 2018 DV 1057 (2536 E 10th St): Continued to March 5, 2019, without notice, to resolve issues with dental office.
- 2018 DV 1058 (435-55 Earlham Dr): Continued to March 5, 2019, without notice, to explore alternatives with neighbors.
- 2018 DV 1061 (606 Wegwurst): Continued to March 5, 2019, to allow staff and petitioner to clarify submission items.
- 2018 UV 1048 (5670 N College Ave): Continued to March 5, 2019, after petitioner requested continuance due to missing findings of fact.
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Expedited Cases (Approved Unanimously):
- 2018 DV 1062 (4321 N Pennsylvania St): Approved 4-0 for a 22'x28.5' carport with reduced side setback.
- 2018 DV 1064 (1146 S Randolph St): Approved 4-0 for a single-family dwelling with front, side, and open space variances.
- 2019 DV 1002 (1506 SE St): Approved 4-0 for a two-story single-family dwelling with revised setbacks; a letter of support from Bates Hendricks Neighborhood Association was filed.
- 2018 DV 1054 (969 Elm St): Approved 4-0 for a single-family dwelling with front, side, and open space variances; staff initially anticipated a remonstrator but none appeared.
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Contested Case – 2018 DV 1055 (6113 Bluff Crest Ct): Petitioner Susan Easter Day requested a variance for a 24' tall, 1,500 sq ft pole barn with a 10' north side setback (15' required). The petitioner withdrew requests for height and size to attach the barn, but staff still recommended denial of the setback. The board voted 2-2 (Robinson yes, Hanscom no, Taft yes, McKay no), resulting in a tie. The petition was automatically continued to the March 5, 2019 hearing without additional notice.
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Contested Case – 2018 DV 1060 (356 Thorncrest Dr): Petitioner Pam Burton requested a variance for a zero-foot north side setback (7' required) for an existing carport. Staff recommended denial, citing ordinance purposes. The board voted 3-1 (McKay, Robinson, Hanscom yes; Taft no) to approve the variance, but continued the case to adopt revised findings of fact supporting the decision.
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Contested Case – 2018 DV 1063 (1140 & 1142 S Randolph St): Petitioner Robert Citron requested a lot split and variances to construct a single-family dwelling with reduced setbacks and open space on two narrow lots. Staff recommended approval for the existing dwelling (1142) but denial of the lot split and new construction. The board voted 3-1 (Robinson, Hanscom, Taft yes; McKay no) to approve the entire petition, finding the rhythm of the neighborhood supportive.
Key Outcomes
- Fee Waiver: Approved reduction to $279 for Old South Side Neighborhood banners.
- Continuances: Multiple petitions continued to March 5, 2019 or April 2, 2019, with or without additional notice as noted.
- Expedited Approvals: Four variances approved unanimously without objection.
- Tie Vote: 2018 DV 1055 continued automatically due to 2-2 split.
- Conditional Approval: 2018 DV 1060 approved 3-1, but continued for revised findings.
- Approval Over Staff Recommendation: 2018 DV 1063 approved 3-1, allowing lot split and new construction on narrow lots.
All decisions are subject to compliance with conditions and commitments as outlined in the board's procedures.
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 One. Other board members present to my left is Clint McKay. And to my right is Peter Hanscom and Brian Robinson. 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 Steffen, Senior Board Specialist, a Secretary to the Board. Larry Callaway, Principal Planner 2. Robert Ulenhake, 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 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 testify will state their name and address for the record before beginning the 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 be staff will then present the administrator's 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 the rebuttal of 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 and 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 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 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 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 the 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 board the full 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, including me. Is there anyone in the audience who is any has any questions about the procedures? If not, we will consider special requests and continuances at this time. Good afternoon. I'm Judith Essex from the Old South Side Neighborhood, and we are in the process of working with the city to hang neighborhood banners in our neighborhood. Ms. Essex, I need you to state your address for the record, please. Oh, sure. 1133 Church Street. It's not on the document. Okay.
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