Indianapolis Metropolitan Board of Zoning Appeals Division 1 Public Hearing - July 2, 2019
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Indianapolis Metropolitan Board of Zoning Appeals Division 1 Public Hearing - July 2, 2019
The Metropolitan Board of Zoning Appeals Division 1 met in public hearing on July 2, 2019, to consider petitions for variances and continuances. Chairperson Joanna Taft presided with board members Clint McKay, Roderick Bohanan, and Peter Hanscom; Brian Robinson was expected but absent. Legal counsel Chris Steinmetz and planning staff were present. All votes were cast by four board members.
Continuances and Procedural Matters
- Six petitions were continued to the August 6, 2019 hearing:
- 2019 DV 1030 (8889 Haig Road) – continued without additional notice at the petitioner's request to work with nearby property owners.
- 2019 UV 1013 – continued without additional notice after Tom Dill, president of the Stadium Village Business Association, stated the petitioner had not responded to contact attempts for three weeks.
- 2019 DV 1029 (1306 Olive Street) – continued without additional notice at the petitioner's request for more information.
- 2019 DV 1034 (5720 and 5724 East Southport Road) – continued without additional notice to allow discussions with neighbors and the Civic League.
- 2019 M01-001 – continued without additional notice to allow staff to review additional submitted information.
- 2019 HOV 022 (1106 and 1107 Spanish Avenue) – continued with additional notice, which had already been sent.
- 2019 DV 1031 (306 Sanders Street) was moved to the expedited docket after the petitioner agreed to a 50% open space commitment.
Expedited Docket
The board approved the following expedited cases unanimously (4-0) based on staff recommendations and no remonstrators:
- 2019 DV 1028 (1259 South High School Road) – variance for a 13-foot front setback and zero-foot side setback for a freestanding sign; approved.
- 2019 DV 1032 (9701 East Washington Street) – variance to add sign paddle panels to an existing non-conforming sign; approved.
- 2019 DV 1035 (1132 Fletcher Avenue) – variance for a single-family dwelling with an attached garage, 6-foot separation between dwellings, and 55% open space; approved.
- 2019 UV 1012 (7201 Pendleton Pike) – variance of use to provide a standalone ATM; approved with commitments.
- 2019 DV 1031 (306 Sanders Street) – variance for an 11-foot front setback, 5 feet between dwellings, 2.2-foot side setbacks, and 45% open space (increased to 50% as a commitment); approved. The case was continued for adoption of revised findings of fact.
Discussion Items
- 2019 DV 1023 and 2019 DV 1024 (Northern Tool & Equipment, 5236/5302 Victory Drive and 9345 Waldemar Road): The board allowed the two related cases to be heard together. Petitioners Jay Moore and Duane Boris sought variances to reduce window transparency below the required 40%, arguing the windows are not functional for the retail layout, that the required glass was installed only to obtain permits, and that filling them in would improve the building's appearance and reduce break-in risk. Staff recommended denial, stating that transparency standards promote safety and pedestrian activity, that blocking windows with fixtures would still violate the code, and that the buildings could be built with windows. The board approved both variances by 3-1 (Hanscom, Taft, McKay yes; Bohanan no).
- 2019 DV 1025 (5908 Broadway Street): Attorney John Cross, for petitioner Nathaniel Ward, requested a variance to allow a 7-foot-4-inch side yard separation (10 feet required) for a new dwelling, arguing the need applies to only a 12-foot strip of the adjacent home. He noted support letters from adjacent property owners. Staff recommended denial, citing an ordinance requiring vehicle access from the abutting improved alley and noting that moving the house one foot would eliminate the need. The board denied the petition 4-0 and continued it for findings of fact.
- 2018 UV 1025 (802 and 808 South State Street): Attorneys Paul Carroll and Michael Delp requested a variance of use and development standards to allow three live/work units with three garage spaces and zero-foot setbacks. They argued the existing building is abandoned, the live/work use is appropriate in the C3 district, and the proposal is supported by the Fountain Square Neighborhood Association, Southeast Neighborhood Development, and Councilor Adamson. Staff recommended denial, saying the project is not a reuse of the existing structure and the design is out of scale with the neighborhood. The board approved the variance 3-1 (Hanscom, Bohanan, McKay yes; Taft no).
- 2019 DV 1033 (358 Terrace Avenue): Attorney Chad Rollins, for petitioner Matthew A. Griffith, accepted staff's condition to move the proposed detached garage two feet west out of the clear site triangle. Approved 4-0.
Key Outcomes
- Approved: 2019 DV 1028, DV 1032, DV 1035, UV 1012, DV 1031, DV 1023, DV 1024, UV 1025, and DV 1033. Conditions and commitments attached where noted.
- Denied: 2019 DV 1025 (4-0) and continued for adoption of findings of fact.
- Continued to August 6, 2019: DV 1030, UV 1013, DV 1029, DV 1034, M01-001, and HOV 022. DV 1031 also continued for revised findings of fact.
- No petitions were remonstrated by public testimony; the board acted with four members because Brian Robinson was absent.
Meeting Transcript
I'm going to call this meeting to order. This is the question. 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 are Clint McKay and Roderick Bohanan. And to my right, Peter Hanscom, and we do hope that we do expect Brian Robinson will be joining us later. 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 and Secretary to the Board. Larry Callaway, Principal Planner 2, Robert Eulenha, Senior Planner, Paige Story, Senior Planner, Marlene Irihetta, Senior Planner. Keith Holdsworth is the current planning administrator. The board has copies of the zoning ordinances that would 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 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 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. 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 and 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 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 cell phone ringers are turned off. Is there anyone in the audience who has a question about our procedures? If not, we will consider special requests and continuances at this time. Chairperson Taft, members of the board, David Kingan with offices at 618 East Market Street here before you on case 2019 DV 1030, property located at 8889 Haig Road in Lawrence Township, representing Cole Incorporated in Site 1 Incorporated. We had filed with the staff a request to continue this petition from today's hearing to your August 6th hearing, and that would be without additional notice to continue to work with the nearby property owners. Is there anyone in the audience who has interested in 2019 D D 1030? Seeing none, let's hear from staff. Thank you, Chairperson Taft members of the board. Staff has no objection to continuing this petition to the August 6, 2019 hearing without additional notice. Is there a motion? So move.
openpublica.com