Metropolitan Board of Zoning Appeals Division 1 Public Hearing - August 6, 2019

The Metropolitan Board of Zoning Appeals Division 1 held a public hearing on August 6, 2019, at 6:15 PM (EST) in Indianapolis, Indiana. Chairperson Joanna Taft presided over the meeting with Board Members Brian Robinson, Peter Hanscom, and Roderick Bulhannon present. The board heard continuances, expedited cases, and full hearings on variance and modification petitions, including two cases with remonstrance and one denial.

Continuances

• 2019 DV 1036 (8185 Sycamore Rd): Continued to September 3, 2019, without additional notice, first continuance requested by petitioner.
• 2019 DV 1040 (7505 Edgewater Dr): Continued and transferred to September 17, 2019, Board 3 hearing without additional notice, to allow further discussions with neighborhood association.
• 2019 DV 1038 (4520 N Broadway St): Continued to September 3, 2019, with additional notice, due to amended site plan.
• 2019 DV 1037 (1401 Charles St): Continued to September 3, 2019, without additional notice, awaiting feedback on revised site plan.
• 2019 UV 1013 (30 W Adler St): Continued to October 1, 2019, with additional notice (possibly), to modify petition.
• 2019 DV 1034 (5720 & 5724 E Southport Rd): Continued to September 3, 2019, without additional notice, to obtain renderings for a neighbor.
• 2019 DV 1029 (1306 Olive St): Continued and transferred to August 20, 2019, to allow the petitioner to work with staff on commitments regarding fire separation and adjacent property.

Expedited Cases (Approved Unanimously)

• 2019 DV 1039 (3402 S Rural St): Variance for attached garage setbacks and detached garage in front yard. Approved 4-0.
• 2019 DV 1044 (9202 E Raymond St): Variance for 6.4 ft side setback. Approved 4-0.
• 2019 DV 2010 (429 Parkway Ave): Variance for single-family dwelling in clear side triangle and open space. Approved 4-0 after amendment to 52% open space.
• 2019 UV 1014 (827 Coolidge St): Variance of use and development standards for single-family residential use. Approved 4-0.
• 2019 DV 1041 (1230 Pleasant St): Variance for 9 ft between dwellings and garage with secondary dwelling. Amended to reduce secondary unit to 720 sq ft and make entrance visible from public street. Approved 4-0.
• 2019 DV 1042 (2020 E County Line Rd): Variance for 75 parking spaces for a fast-food restaurant (Chick-fil-A, 50 max). Approved 4-0.

Public Comments & Testimony

• 2019 HOV 022 (1106 & 1107 Spann Ave): Anson Keller, representing the Fountain Square Neighborhood Association and Southeast Neighborhood Land Use Task Force, spoke in remonstrance. He argued the petition set a dangerous precedent for overdevelopment, citing 33% open space and potential for 10,000 sq ft of livable area without proper design. He noted that the C5 zoning should be rezoned to D5 and that the requested height variance lacked elevations. He referenced a prior problematic project at 1108 Lexington as a cautionary example.
• 2019 DV 2011 (Dogtopia, 9445 N Meridian St): No remonstrators present. Staff recommended denial, but petitioner and landlord provided extensive testimony and a noise impact study, and the Nora Northside Community Council voted not to oppose.
• 2019 DV 1045 (902 E Hannah Ave): Councillor Jefferson Shreve (District 16) spoke in support, emphasizing the need to retain a pharmacy presence in the area and the impracticality of relying on adjacent parking.

Discussion Items

• 2019 HOV 022 – Variance of use and development standards for five single-family homes on C5-zoned lots in Fountain Square. Petitioner Luke Borough argued the lots have historically been residential and that staff recommended approval. Staff noted the properties were platted for residential use and that the requested variances are similar to adjacent approved variances. The board voted 2-2 (Robinson no, Hanscom yes, Taft no, Bohannon yes), resulting in an indecisive vote, and the petition was automatically continued to September 3, 2019.
• 2019 DV 2011 – Dogtopia requested a variance for an outdoor dog run (not permitted in C3) and an 8-ft fence (6-ft max). Petitioner Murray Clark presented evidence of the area's transformation to regional commercial, a noise impact study, and commitments (1,000 sq ft max outdoor area, 8-ft fence, supervised use, no additional lighting). Staff argued no practical difficulty existed and that the outdoor run was self-created. The board voted 4-0 to approve the variance.
• 2019 MO1001 (1807 Bade Rd) – Modification to remove condition requiring paved driveway from a 2005 variance. Petitioner Chris DeFour cited financial hardship and the commonality of gravel driveways in the area. Staff initially recommended denial but offered a compromise to pave only the portion serving multiple parcels. The petitioner clarified that the driveway serves only two residences. The board voted 4-0 to approve the modification, to be continued for adoption of findings.
• 2019 DV 1030 (8889 Heg Rd) – Variance for outdoor storage (86% of building footprint, exceeding 25% max) and reduced setbacks for a landscape supply business. Petitioner David King argued the lot is small and the use is characteristic of the area, with letters of support from neighbors and Councillor McQuillen. Staff noted the 217% increase over allowed storage and that the use would be primary rather than accessory. The board voted 3-0 to deny the petition.
• 2019 DV 1043 (1722 Laurel St) – Variance for a rebuilt garage with 46% open space (60% required) and reduced setbacks. Petitioner Sarah Walters requested to reuse the existing foundation for financial reasons. Staff recommended denial unless open space was increased to 50% to mitigate stormwater runoff. The board voted 2-1 (Hanscom yes, Taft no, Bohannon yes), an indecisive vote, continuing the case to September 3, 2019.
• 2019 DV 1045 (902 E Hannah Ave) – Variance for 20 parking spaces (12 max) for a drugstore. Petitioner Michael Rabinovich argued the site has been vacant 17 years, and the extra spaces are needed for customers, especially elderly or infirm. A Walgreens representative explained the smaller store concept and customer needs. Councillor Shreve supported the variance. Staff recommended denial, citing no practical difficulty and the availability of adjacent parking. The board voted 3-0 to approve the variance.

Key Outcomes

• Approved variances: 2019 DV 1039, 2019 DV 1044, 2019 DV 2010, 2019 UV 1014, 2019 DV 1041, 2019 DV 1042, 2019 DV 2011 (Dogtopia), 2019 DV 1045 (Walgreens).
• Approved modification: 2019 MO1001 (driveway paving condition removed).
• Denied petition: 2019 DV 1030 (outdoor storage at 8889 Heg Rd) – vote 3-0.
• Continued (indecisive votes): 2019 HOV 022 (continued to Sept 3, 2019); 2019 DV 1043 (continued to Sept 3, 2019).
• Continued (other): 2019 DV 1029 (continued to Aug 20, 2019 transfer).
• All continuances from the beginning of the hearing: 2019 DV 1036, 2019 DV 1040, 2019 DV 1038, 2019 DV 1037, 2019 UV 1013, 2019 DV 1034 all granted as requested.
• The board noted that after 3:00 PM, one member left, leaving a three-member panel for the final cases. Cases requiring a unanimous vote or indecisive resulted in continuances or denials.