Metropolitan Board of Zoning Appeals Division 1 Meeting - September 3, 2019
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Metropolitan Board of Zoning Appeals Division 1 Meeting - September 3, 2019
The Metropolitan Board of Zoning Appeals Division 1 met on September 3, 2019, at 6:15 PM to hear several petitions for variances of development standards. The board granted continuances, expedited multiple cases, and approved all variances heard, including a contested case involving a garage and secondary dwelling on North Park Avenue. All votes were unanimous (4-0).
Public Comments & Testimony
- John Prosser (5873 Greenfield Avenue) approached the board after the vote on 2019 DV1047 to inquire about a shared driveway arrangement. He was directed to discuss the matter with the petitioner in the hallway.
- Chelsea Marberger, Executive Director of the Meridian Kessler Neighborhood Association, spoke in support of the petition for 4456 North Park Avenue (2019 DV1046). She noted that the association's land use committee and full board voted to support the variance, and that surrounding neighbors had submitted letters of support.
Discussion Items
- 2019 DV1046 (4456 North Park Avenue): Petitioner Todd Tatro and property owner Adam Horst requested variances to construct a detached garage with a secondary dwelling. The existing garage was unsafe and located near property lines. The petitioners argued for a three-car garage with a one-foot side and rear setback and a garage door on the north side for safety (to avoid children crossing the driveway), and to accommodate turning radius for a minivan. Staff recommended approval but with conditions: reducing the garage size to 34 feet wide and 20 feet deep to meet seven-foot side and five-foot rear setbacks, and providing a visible entrance from the public right-of-way for emergency access. The petitioner withdrew the variance request for the secondary dwelling's square footage after reducing it to 685 square feet (below the 720 sq ft threshold). The Meridian Kessler Neighborhood Association supported the petition. The board approved the variance as amended.
Key Outcomes
- Continuances:
- 2019 DV1034 (5720 & 5724 East Southport Road) continued to November 7, 2019, at the petitioner's request to modify plans.
- 2019 DV1036 (8185 Sycamore Road) automatically continued to October 1, 2019, due to a registered neighborhood group filing.
- 2019 UV1016 (7405 Westfield Boulevard) automatically continued to October 1, 2019.
- Withdrawal: 2019 UV1015 (947 South Illinois Street) withdrawn by the petitioner.
- Expedited Docket (all approved 4-0):
- 2019 DV1038 (4520 Broadway Street): variance for a 700 sq ft garage with reduced side setbacks.
- 2019 DV1047 (5877 Greenfield Avenue): variance for a single-family dwelling on an existing foundation (amended to require an updated site plan including the existing sidewalk).
- 2019 HOV022 (1106-1107 Span Avenue): variance for single-family residential development, subject to two commitments.
- 2019 DV2017 (1401 Leonard Street): variance for a detached garage in front of the primary dwelling.
- 2019 DV1037 (1401 Charles Street): variance for a two-family dwelling on a 2,610 sq ft lot (7200 sq ft required), with reduced setbacks and 43% open space.
- 2019 DV1043 (1722 Laurel Street): variance for a single-family dwelling with a one-foot rear setback, eight feet between dwellings, and 46% open space (amended to 50% open space by removing a breezeway).
- 2019 DV1046 (4456 North Park Avenue): variance approved as amended (4-0) for a detached garage with a secondary dwelling, with reduced side and rear setbacks and a visible entrance requirement waived by the board's approval.
- The board adopted findings of fact for 2019 DV1017, 2019 UV1013, and 2019 DV1031.
Meeting Transcript
I'm going to call the speeding 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 are to my left, Clint McKay and Roderick Bohanan, and to my right, 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 Planner 2, Linda Albrandt, Principal Planner 2, and Marlene Irahita, 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 expedite 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 then will 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 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 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 the conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified an approvement 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 a 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 of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure that 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. Oh, sorry. Luke Burrow, 748 Shelby Street, Indianapolis, Indiana, 46203. Uh let me poll the audience. Is there anyone in the audience interested in 2019 HOV 022? Let's hear from staff. Thank you, uh Chairperson, members of the board. Uh staff are not object to this case being expedited. The remonstrance that was at the last hearing has submitted a letter of approval with the two uh two commitments that have been submitted by the petitioner. Okay. Uh so this will be the third case we hear today. Good afternoon, Josh Findler 735 Shelby Street, Indianapolis, Indiana, 46202.
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