OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metropolitan Board of Zoning Appeals Division 1 Meeting - December 3, 2019

Board of Zoning Appeals I — Tuesday, December 3, 2019
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, December 3, 2019
StatusFILED
Video Record
Meeting Thumbnail
⇩ GET FROM SOURCE

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:03

I'm going to call this meeting to order.

0:05

This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1.

0:09

I'm Joanna Taft, Chairperson of Division 1.

0:12

Other board members present to my left are is Roderick Bohanan and to my right Brian Robinson.

0:18

Legal legal counsel for the board today is Chris Steinmetz.

0:22

Recording these proceedings today is Ron Hampton.

0:25

Staff members present today from the Division of Planning are Heather Stefan, Senior Board Specialist and Secretary to the Board.

0:32

Larry Callaway, Principal Planner 2.

0:35

Marlene Irehetta, Senior Planner.

0:38

Alison Richardson, Senior Planner.

0:40

And welcome, Mrs.

0:41

Allison's first board meeting.

0:44

Matt Pleasant is the current planning administrator.

0:47

The Board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today.

0:53

The proceedings of this hearing are governed by the board's rules of procedure.

0:57

The expedited cases will be heard immediately after all requests for continuances or withdrawals.

1:03

As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand.

1:10

Those who intend to testify will please remain standing and be sworn.

1:14

Petitioners should be on your left and remonstrators on your right as you face the board.

1:19

Those who testify will state their name and address for the record before beginning to testify.

1:24

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.

1:34

Remonstrators and persons appearing in 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.

1:44

Staff will then present the administrators' comments regarding the petition.

1:48

The petitioner will then be allowed five minutes for a rebuttal and a summation of the case.

1:53

Rebuttal must be limited to the subject matter of the initial presentations.

1:57

Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement.

2:04

No further evidence, statements, or arguments will be heard unless it is at the discretion of the board.

2:09

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 by a variance.

2:18

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.

2:31

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.

2:42

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

2:47

The installation of landscaping screening, the paving and parking area, and the dedication of rights of way are examples.

2:54

These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid.

3:01

Compliance with conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion.

3:10

Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements.

3:17

Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services.

3:26

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.

3:33

The written request must be filed within five days of the board's decision and must include the person's full name and correct emailing address and a reference to the board's petition number.

3:42

Forms are available and may be obtained from the board's secretary.

3:46

Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited.

3:54

Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off.

4:01

Is there anyone in the audience who has any questions about our procedures?

4:06

If not, we will consider special requests and continuances at this time.

4:21

Good afternoon, members of the board.

4:23

My name is Greg Zubek.

4:24

I'm an attorney with offices at 151 North Delaware Street.

4:29

I am here on case number 2019 DV 1-036, which is the first petition on the second page of the DACA today.

5:00

It has been amended a second time.

5:02

Latest time was on November the 6th.

5:05

It involves a substantial masonry wall for which a variance is being sought.

5:12

And we received information from Mr.

5:14

Cauldron, whom I have dealt with on many occasions and hold in high regard both as a practitioner and for his civility.

5:20

We've received information from him on various occasions.

5:24

And we've been discussing screening and landscaping and some commitments.

5:54

So we think that I believe in good faith, I think that there may be a resolution to this cause with some commitments.

6:01

And I think that Mr.

6:02

Calderon shares my uh my thoughts on this.

6:05

For these reasons, we would ask that this uh case be continued from today's docket.

6:10

I think Joe is of a mind that the matter can be uh addressed in two weeks, and I would not object to to it being uh continued for two weeks rather than for a full month.

6:21

Thank you.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████51%
Procedural███████████████17%
Traffic Safety█████████████15%
Waste Management████4%
Food Access████4%
Neighbor Relations███3%
Economic Development███3%
Noise Ordinance██2%
Youth Programs█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division 1 Public Hearing - December 3, 2019

The Metropolitan Board of Zoning Appeals Division 1 met on December 3, 2019, at 18:15, chaired by Joanna Taft, with board members Roderick Bohanan and Brian Robinson. Due to only three members present, unanimous votes were required. The board heard multiple petitions including continuances, transfers, and variances.

Continuances and Transfers

  • 2019 DV 1-036 (masonry wall variance): Continued and transferred to Board 3 hearing on December 17, 2019, with agreement of parties. No opposition.
  • 2019 UV 1025 (9345 Waltimore Road): Transferred to Board 3 for December 17, 2019 hearing, with proper notice and waiver of rules. No opposition.
  • 2019 UV 3013 (2548-2556 S Holt Road): Granted a three-day waiver of notice. No opposition.

Expedited Cases (Approved Unanimously)

  • 2019 SE 1006 (8500 Georgetown Road): Special exception for waste transfer facility. Approved 3-0.
  • 2019 DV 1054 (401 Iowa Street): Variance for single-family dwelling with reduced building separation. Approved 3-0.
  • 2019 DV 1058 (1111 S Sheffield Avenue): Amended petition for single-family dwelling with reduced open space and building separation. Approved 3-0.
  • 2019 DV 1061 (8806 Camby Road): Variance for detached garage expansion. Approved 3-0 with commitments: subject to site plan filed November 19, 2019, and no business run from the garage.
  • 2019 DV 1062 (2627 Broadway Street): Variance for detached garage with reduced side setback and open space. Approved 3-0.
  • 2019 UV 1022 (4012 & 4014 Boulevard Place): Variance of use for residential uses including porch/deck additions. Approved 3-0.
  • 2019 UV 1023 (3617 Southeastern Avenue): Variance for outdoor storage of roll-off bins. Approved 3-0, continued for adoption of findings.
  • 2019 UV 1024 (5850 W 82nd Street): Variance for bulk storage of liquids and barbed wire fencing. Withdrawn setback variance request; approved 3-0 for remaining variance.
  • 2019 UV 3013 (2548-2556 S Holt Road): Variance for youth recreation center. Approved 3-0 subject to final site and landscape plan.
  • 2019 UV 1021 (8560 Medicine Avenue): Variance of use for residential use in commercial zone. Expedited and approved 3-0.

Public Comments & Testimony - Full Case

  • 2019 UV 1019 (211 & 213 S Girls School Road): Petitioner Enrique Mauricio Buendia requested a variance to operate a food truck service on his property, operating Thursday-Sunday 7 p.m. to midnight. Remonstrators representing the Rockville Road, High School Road, Girls School Road Neighborhood Association presented a petition with 32 signatures opposing the variance. Concerns included traffic hazards near railroad tracks, noise, litter, attraction of crime, and lack of visibility for business viability. Staff recommended denial, stating the use would be an inappropriate intrusion into the residential neighborhood and that food trucks are not permitted in that zoning district. The board heard testimony from remonstrators Karen Farmer, Teresa Maxon, and Carol Barker.

Key Outcomes

  • Denied: 2019 UV 1019 (food truck service) – denied unanimously (3-0) and continued for adoption of findings.
  • All other petitions listed above were approved unanimously (3-0), with some subject to conditions.

The meeting adjourned after the final vote.

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 is Roderick Bohanan and to my right Brian Robinson. Legal 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. Marlene Irehetta, Senior Planner. Alison Richardson, Senior Planner. And welcome, Mrs. Allison's first board meeting. Matt Pleasant 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 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 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 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 by 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 and 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 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 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 emailing address and a reference to the board's petition number. Forms are available and may be obtained from the board's 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. 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. Good afternoon, members of the board. My name is Greg Zubek. I'm an attorney with offices at 151 North Delaware Street. I am here on case number 2019 DV 1-036, which is the first petition on the second page of the DACA today. It has been amended a second time. Latest time was on November the 6th. It involves a substantial masonry wall for which a variance is being sought.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com