Metropolitan Board of Zoning Appeals Division 1 Public Hearing - November 7, 2019
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Metropolitan Board of Zoning Appeals Division 1 Public Hearing - November 7, 2019
The Metropolitan Board of Zoning Appeals Division 1 convened on November 7, 2019 at 6:15 PM with Chairperson Joanna Taft presiding. Board members present included Clinton McKay, Roderick Bohanan, and alternate Craig Von Dalen (from Division III). The board heard multiple requests for continuances, expedited variances, and regular variance petitions. The board operated with four members, prompting the chair to note that a split 2-2 vote would result in an automatic continuance to the next division.
Continuances
- 2019 DV 1036 (8185-8195 Sycamore / 321 East 82nd St): Continued to December 3, 2019 without additional notice at petitioner's request.
- 2019 UV 1013 (30 West Adler): Continued to January 7, 2020 with notice after petitioner agreed to further continuance.
- 2019 DV 1058 (1111 South Sheffield Ave): Continued to December 3, 2019 with additional notice due to amended plans.
- 2019 DV 1049 (4301 and 4325 West Washington St): Continued to January 7, 2020; staff indicated no further continuances would be supported.
- 2019 UV 1019 (211-213 South Girls School Rd): Automatic continuance to December 3, 2019 acknowledged from registered neighborhood organization.
- 2019 DV 1056 (155 South Delaware St): Continued and transferred to Board Division 3 (November 19, 2019) because it was incorrectly docketed for Division 1.
- 2019 DV 1054 (address not stated): Continued to December 3, 2019 due to improper notice.
- 2019 DV 1034 (5720 and 5724 East Southport Rd): Continued to January 7, 2020 without additional notice.
Expedited Cases (all approved)
- 2019 DV 1055 (420 East 55th St): Request for detached garage with side setback and open space variances. Amended to 5-foot side setback. Approved unanimously (4-0).
- 2019 DV 1057 (5681 Guilford Ave): Detached garage with side setback variance. Approved unanimously (4-0).
- 2019 DV 1059 (149 Habig Rd): Secondary dwelling exceeding maximum square footage. Approved unanimously (4-0).
- 2019 DV 1060 (2621 Sutherland Ave): Single-family dwelling with front setback variance. Approved unanimously (4-0).
- 2019 UV 1018 (824 East County Line Rd): Use variance for pet grooming spa. Approved with commitment for plan of operation (4-0).
- 2019 UV 1020 (1652 Spain Ave): Use variance for residential uses with various setback and transitional yard variances. Approved unanimously (4-0).
Regular Cases
- 2019 UV 1017 (3034 South Chase St / 3015 South Harding St): Petitioner David Owens sought a use variance to store equipment and gravel in a D4 residential zone. Petitioner argued the property is in a flood zone, making residential development impractical, and that the site already had gravel. He emphasized safety concerns about trucks using Chase Street and stated the property is already graveled. Staff recommended denial, citing inconsistency with the comprehensive plan, potential negative impacts on the surrounding residential neighborhood, and that the difficulty was self-imposed. The board approved the variance (4-0), overruling staff's recommendation.
- 2018 DV 1037 (1007 Lexington Ave): Petitioner Mead Van Wyke requested variances for a new dwelling and detached garage on a narrow 20-foot-wide lot. The North Square Neighborhood Association submitted a letter opposing the variance. Petitioner presented a revised site plan with increased side setbacks (1.5 feet and 3.83 feet) and 47% open space. Staff recommended approval, noting the amended plan was more supportable. The board approved the variance as amended to reflect the new site plan (4-0).
- 2019 DV 1050 (401 North Walcott St): Petitioner Mina Mcouri requested variances for a two-family dwelling with garage access from Vermont Street instead of the abutting alley. Staff opposed, arguing the ordinance requires alley access and that the site could be developed as a single-family dwelling without variances. Petitioner stated that alley access would be impractical due to tight turning radius and that the lot is a corner lot with clearance triangle constraints. The board denied the petition (4-0) after finding no practical difficulty.
Key Outcomes
- Eight cases were continued to future dates, one with transfer to another division.
- All six expedited cases were approved without opposition.
- One regular case (UV 1017) was approved over staff's denial recommendation.
- One regular case (DV 1037) was approved as amended with revised site plan.
- One regular case (DV 1050) was denied.
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 to my left are Clinton McKay and Roderick Bohanan. And to my right, Craig Von Dalen, who is an alternate alternate serving from Division III. Legal legal counsel for the board today's 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, Linda Albrand, Principal Planner 2, Jeffrey York, Senior Planner, Robert Ulenhake, Senior Planner, Marlin Marlene Irahetta, 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 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 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 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 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 of way 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 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 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. If there's is there anyone in the audience who has any questions about our procedures? If not, we will continue. We will consider special requests and continuances at this time. Good afternoon, Chairperson Taft, members of the board, Joe Calderon, 11 South Meridian, Indianapolis. I represent the petitioner in case uh 2019 DV 1036, 8185 8195 Sycamore 321 East 82nd Street. Uh we are requesting a continuance to your December 3rd hearing without notice unless staff deems it necessary. We did file amended plans uh yesterday. I don't think that triggers new notice, and we are meeting with Nora Northside this evening. Is there anyone in the audience who has interested in 2019 DV 1036? Seeing none, let's hear from staff. Thank you, Chair President, members of the board, staff has no objection to the continuance of 2019 D V 1036 to the December 3rd, 2019 hearing without additional notice. Is there a motion?
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