Indianapolis Board of Zoning Appeals Division 1 Meeting - June 4, 2019
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Indianapolis Board of Zoning Appeals Division 1 Meeting - June 4, 2019
The Metropolitan Board of Zoning Appeals, Division 1, met on June 4, 2019, at 6:15 PM. Chair Joanna Taft presided with board members Clint McKay, Peter Hanscom, and Rob Robinson. Legal counsel Chris Steinmetz was present. The board heard several petitions including continuances, expedited cases, and contested variance requests involving a cell tower, a detached garage, an auto sales lot expansion, a fence in the right-of-way, and two Northern Tool retail stores.
Consent Calendar
- 2019 DV1015 (225 McKim Ave): Approved unanimously (4-0) for a single-family dwelling variance.
- 2019 UV1008 (4905 Kentucky Ave): Approved unanimously (4-0) for outdoor storage and trash container variance, subject to commitments from staff and Decatur Township.
- 2019 UV1010 (1731 N College Ave): Approved unanimously (4-0) for residential use variance.
- 2019 DV3005, 3006, 3007 (Ringgold Ave): All three approved unanimously (4-0 each) for single-family dwelling variances after amendments removing existing foundation requirement.
- 2019 UV1003 (2750 S Meridian St): Approved unanimously (4-0) with revised findings of fact for a beauty salon and barber shop in accessory building.
- 2019 DV1018 (357 Parkway Ave): Approved unanimously (4-0) for open space variance after amendment to 49% open space.
Discussion Items
- 2019 DV1013 (3702 Ferguson Rd): Petitioner Joe Calderon (Vertical Bridge REIT) requested a variance to allow a 120-foot monopole cell tower (max 60 feet within 500 feet of protected district). He argued that the site is zoned C7 (high-intensity commercial), the tower is needed to fill FCC coverage gaps, and the nearest residential district is over 400 feet away. Staff recommended denial, stating the variance is self-imposed and the comp plan discourages such uses. The board voted 3-1 to approve (Hanscom yes, Robinson yes, Taft yes, McKay no).
- 2019 DV1017 (340 S Fenton St): Petitioner Christine Cote sought a variance for a 22-foot tall detached garage (taller than the primary dwelling) to include a playroom for grandchildren. Staff recommended denial, citing no practical difficulty and noting a shorter structure could be built. Warren Township requested three commitments. After testimony from the builder and homeowner, the board voted 1-3 to deny (Hanscom no, Robinson yes, Taft no, McKay no).
- 2019 UV1007 (3217 S Lyons Ave): Petitioner David Deering, on behalf of Gary Clark (Decatur Auto Sales), requested a use and development variance to expand an existing auto sales lot onto an adjoining residential-zoned lot. Staff recommended denial, citing potential impact on residential properties and self-imposed hardship. The petitioner argued that the lot has been used for parking for years and that the expansion would bring compliance. The board approved 4-0 with a commitment to submit a revised site plan and landscape plan along western and southern boundaries.
- 2019 DV1021 (corner of McCarty and Greer St): Petitioner Thomas and Cynthia Uriga requested a variance to replace an existing fence with a 4-foot metal fence in the right-of-way. Staff recommended denial due to lack of practical difficulty, but noted a pattern of fences in the area. The board approved 4-0 (unanimous) citing the existing fence and neighborhood character.
- 2019 DV1023 and 2019 DV1024 (Victory Drive and Waldemar Road): Petitioner Joe Calderon (Northern Tool and Equipment) requested a variance from window transparency requirements for two new retail stores. Staff recommended denial, citing safety and ordinance compliance. The board split 2-2 on each (Hanscom yes, McKay yes; Robinson no, Taft no), resulting in automatic continuance to July 2, 2019.
Key Outcomes
- Approved petitions: 2019 DV1015, UV1008, UV1010, DV3005/3006/3007, UV1003, DV1018, DV1013 (cell tower), UV1007 (auto sales), DV1021 (fence) — all with votes or commitments as noted.
- Denied petition: 2019 DV1017 (garage) — denied 1-3.
- Continued petitions: 2019 DV1023 and DV1024 (tied vote, continued automatically to July 2, 2019). Also, 2019 UV102 (9600 Southeastern Ave) was continued and transferred to Board 3 on June 18, 2019. 2019 UV100 (5908 Broadway St) was continued to July 2, 2019. Additionally, two late petitions (DV1026 and DV1027) were continued and transferred to Board 2 on June 11, 2019.
- Findings of fact: Revised findings were adopted for 2019 UV1003 and 2019 UV1007 (development standards findings submitted later).
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 today, Clint McKay. And to my right, Peter Hanscom and Rob 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 Stefan, Senior Board Specialist and Secretary to the Board. Larry Callaway, Principal Plan Principal Planner 2. Robert Ulan Haik, Senior Planner, Paige Story, Senior Planner. And as you will learn, it will take me a while to learn your name. So thank you for being here. And then Keith Holdswork Holdsworth, who's the current planning administrator. The board is 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 will state their name and address for the record before beginning to testify. Petitioners and persons appearing in support of the cases 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 a 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 pass 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 lock 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 pay being a 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 granted variants 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 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 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. They asked that we continue today's hearing to allow the land use committee to take it to the full uh association for a vote on approval. We've agreed uh to seek that continuance on their behalf. The city county counselor is also asked that they chime in on this uh that the Found Square Neighborhood Association chime in on this petition. Uh we would ask, I guess on their behalf that we continue today's hearing. Uh I understand uh staff will not be agreeable to that continuance, uh but nevertheless we would request the continuance. Okay. Um are there any remonstrators in the room that are against having the a petition continued?
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