Metropolitan Board of Zoning Appeals Division 1 Hearing – May 14, 2019
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Metropolitan Board of Zoning Appeals Division 1 Hearing – May 14, 2019
On May 14, 2019, the Metropolitan Board of Zoning Appeals Division 1 convened at 6:15 PM under Chairperson Joanna Taft. Board members Clint McKay, Roderick Bohanan, and Peter Hanscom were present, with legal counsel Chris Steinmetz and staff from the Division of Planning. The meeting addressed continuances, an expedited docket, and several variance and use petitions, with multiple votes and procedural notes about board member departures later in the session.
Continuances
- 2019-DV1-017 (4320 North 550 West Fairland): Continued to June 4, 2019 without additional notice, per petitioner request and staff no objection.
- 2018-UV1-025 (802 & 808 South State Avenue): Continued to June 4, 2019 without notice.
- 2019-DV1-019 (5208 East 62nd Street): Continued and transferred to Division 2 for June 11, 2019 hearing with additional notice, due to scheduling conflicts.
- 2019-DV1-013 (3702 Ferguson): Continued to June 4, 2019 without notice.
- 2019-DV3-005, 2019-DB3-006, 2019-DV3-007 (Ringgold Avenue properties): All three continued separately to June 4, 2019 without notice at staff request for additional review.
- 2019-DV1-015 (225 McKim Avenue): Continued to June 4, 2019 without notice for continued staff discussions.
- 2019-DV1-018 (357 Parkway Avenue): Continued to June 4, 2019 without notice.
- 2019-UV1-008 (4905 Kentucky Avenue): Acknowledged automatic continuance to June 4, 2019.
- 2019-DV1-010 (2212 Woodlawn Avenue) and 2019-UV1-006: Withdrawn by petitioners, acknowledged.
- 2019-UV1-007 (3217 South Lines Avenue): Acknowledged automatic continuance to June 4, 2019.
Expedited Docket (Approved Unanimously)
- 2019-DV1-014 (8815 Matthews Road): Variance to reduce lot width, side setbacks, and aggregate side setback for a garage. Approved 5-0.
- 2019-DV1-016 (118 & 124 Pleasant Run Parkway North Drive): Variance to construct detached garages with reduced rear setbacks and open space. Approved 5-0.
- 2019-DV3-011 (1230 Hoyt Avenue): Variance for single-family dwelling with reduced front setback, reduced spacing between dwellings, and detached garage creating 52% open space. Approved 5-0.
- 2019-DV3-012 (915 Dawson Street): Variance for additions to existing single-family dwelling and legalization of existing garage with reduced setbacks. Approved 5-0.
- 2019-DV3-014 (1211-1215 East 16th Street): Variance to allow parking lot in front yard setback for a hair salon reuse project. Approved 5-0.
- 2019-UV1-004 (amended petition): Variance of use and development standards for single-family dwelling with detached garage. Approved 5-0; findings of fact to be adopted.
- 2019-UV3-001 (5900-5954 West Minnesota Street): Variance for fleet terminal with reduced setbacks, subject to three commitments. Approved 5-0.
- 2019-UV3-005 (8902 South Meridian Street): Variance for outdoor storage with eight-foot fence in front yard for ACE Hardware, subject to commitments. Approved 5-0.
Notable Discussion Items & Votes
- 2018-DV1-055 (6113 Bluff Crest Court): Variance for 24-foot tall pole barn with reduced side setback. Petitioner amended to reduce height and attached garage. Staff opposed citing no practical difficulty. Board approved 4-1 (McKay dissenting); continued for revised findings.
- 2019-UV3-003 (1813 Morris Street): Variance to allow 8-bed group home for recovering addicts (amended from 12 beds). Petitioner Philip Anderson expressed support; remonstrators Margaret Harvey and Karen Young opposed, citing lack of regulation and neighborhood concerns. Staff recommended approval after amended plan of operation. Board approved 5-0; continued for findings.
- 2018-DV1-047 (4565 North Park Avenue): Variance to legally establish fences in front yard and clear sight triangles. Petitioner sought to retain six-foot wood fence and four-foot wrought iron fence; staff recommended denial for the wrought iron fence due to safety. Board approved 3-2 (McKay and Bohanan dissenting).
- 2018-UV1-045 (5101 West 38th Street): Temporary use variance for school bus parking (up to 130 buses) for Miller Transportation. Petitioner argued parking lot use permitted, but classified as fleet terminal. Remonstrator Catherine Bean (Eagledale Neighborhood Association) opposed citing noise, particulates, and property values. Staff recommended approval subject to commitments. Board approved 4-0 (one member absent); continued for findings.
- 2019-UV1-003 (2750 South Meridian Street): Variance for beauty salon/barbershop in accessory building. Petitioner reduced employees to two. Staff noted if use space is under 600 sq ft it would comply with home occupation rules. Board continued to June 4, 2019 to allow petitioner to provide floor plan showing salon area under 600 sq ft.
- 2019-SE1-005 (2805 South Lynnhurst Drive): Special exception for 155-foot monopole wireless communications tower on school campus. Petitioner Joe Calderon cited coverage gaps; remonstrator Carrie Moretti (SWAN) raised health concerns and property value decline. Staff recommended approval. Board approved 4-0.
Key Outcomes
- 17 cases granted continuances or withdrawals.
- 8 expedited variances approved unanimously.
- 4 regular variances approved: one with dissenting vote (2018-DV1-055), one with partial dissent (2018-DV1-047), two without dissent (2019-UV3-003, 2018-UV1-045).
- 1 special exception approved (2019-SE1-005).
- 1 case continued for compliance (2019-UV1-003).
- Note: Board member departures after 3:00 PM reduced voting quorum to four members for later cases.
Meeting Transcript
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 are to my left, Clint McKay and Roderick Bohanan, and to my right, 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. Robert Yulenha, Senior Planner, Paige Story, Senior Planner. Keith Holdsworth is the current planning administrator. The board has copies of the zoning ordinances, which 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 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 present the administrator's comments regarding the petition. The petitioner would 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 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 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 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 or 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 would be must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of 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's 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 the audience who has any questions about our procedures? If not, we will consider special requests and continuances at this time. Do we move that to the end of the docket? I'm sorry, the front. I'll put it in that. Thank you. Thank you. Okay. Thank you. Hello, my name is Ryan Cerzinski. I'm asking for a two-week continuance. Case number is 2019-DV1-017. The address is 4320 North 550 West Fairland, Indiana. Did you say 2019 D V1017?
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