Indianapolis Metropolitan Board of Zoning Appeals Division 1 Meeting - January 7, 2020

The Metropolitan Board of Zoning Appeals (BZA) Division 1 convened on January 7, 2020, at 6:15 PM, chaired by Joanna Taft, with board members Roderick Bohannan, Brian Robinson, and alternate Craig Von Dalen (serving from Division III). Legal counsel Chris Steinmetz and staff from the Division of Planning were present. The board heard requests for continuances, waivers, expedited variance petitions, and several contested variance cases, voting on each item.

Consent Calendar

• Expedited docket placements: Petitions 2019 DV1-064 and 2019 DV1066 were placed on the expedited docket with staff agreement.
• One-day mailer waivers: Granted for 2019 DV1067 and 2019 DV1068 (both requested by Ron Chazinski/Tresinski, 4320 North 550 West, Fairland, Indiana).
• Automatic continuance acknowledged: 2019-UV1-027 (1919 South Coast Road) continued from January 7, 2020, to February 4, 2020, due to a timely automatic continuance filed by a registered neighborhood organization.
• Continuance approved: 2019 DV1034 (5720 and 5724 East Southport Road) continued to May 12, 2020, to allow the petitioner to work on site plan changes related to a remonstrator's request (motion passed unanimously).
• Withdrawal acknowledged: 2019 UV1013 (30 West Adler Street) withdrawn by petitioner's representative.
• Continuance with dismissal warning: 2019 DV1049 (4301-4325 West Washington Street) continued to February 4, 2020. The petitioner was not present and had not submitted a correct legal description or affidavit of notice. Staff warned that if documents are not received timely or another continuance is requested, the petition will be dismissed for lack of prosecution (originally filed in September 2019).

Public Comments & Testimony

• Brian James Priest (1318 Olive Street, neighbor): Opposed 2019 HOV053 (1314 Olive Street) but expressed willingness to accept the petitioner's offer of an engineer review. He stated his home, built in 1877 with a lime mortar brick foundation, could be damaged by new foundation digging. He requested a condition survey of his home to establish a baseline for damage. He noted he was unhappy about the tree removal and the new house but said, "If it's gotta be done there, I just want to make sure that I am protected."
• Lynn Johnson (826 East 38th Street, adjacent property owner): Opposed 2019 UV1028 (830 East 38th Street) request for a 15-person transitional housing facility. She stated the property has deteriorated since the previous operator left, citing trash, fights on the front porch, and police calls. She said, "There just doesn't need to be more than 10 people. You can have five couples." She expressed concern that 15 people would double the problems, saying, "If you add half as many people, you're going to add half as much problems." She later indicated a preference for 12 people as a compromise and said she had invested $60,000 in improvements to her own property.
• Dr. Lionel Thomas Rush: Spoke in support of the transitional housing petitioner, describing his background as a minister and former president of Shepherd of Faith Housing (250 low-to-moderate income houses). He suggested both parties' motivations (financial investment vs. community service) should be part of the conversation.

Discussion Items

• 2019 HOV053 (1314 Olive Street, New Legacy Homes, LLC): Petitioner Sarah Walters requested a variance for a single family dwelling and detached garage with 58% open space (60% required) and 3-foot and 7-foot separations between primary dwellings (10-foot required). The lot is only 30 feet wide (50 required) and 4,500 square feet (45,000 required). Remonstrator Brian Priest raised foundation concerns. The petitioner agreed to have a licensed Indiana engineer with errors and omissions insurance review and stamp the foundation plans prior to permit issuance, and to discuss covering the cost of a condition inspection of the neighbor's foundation. Board members discussed the condition's enforceability and agreed to require engineer-stamped approval before release of the improvement location permit (ILP).
• 2019 UV1028 (830 East 38th Street, Transitional Housing): Petitioner Antonio Lipscomb requested a variance of use to operate a 15-person transitional housing facility for males and females (previous 2010 variance allowed 10 women only). He argued there is a need for couples housing, noting that 60% of Indianapolis's homeless population is African American and that incarceration costs $18,000/year locally and $32,000/year in prison. He stated the facility currently houses 7 people (including 2 couples) and offers supportive services (substance abuse, health, credit repair, homeownership). Property owner John Walthal (Maple Tree Properties, owner since 2009) testified about renovations and a zero-tolerance policy for fighting. Remonstrator Lynn Johnson opposed the increase to 15. Staff recommended approval subject to commitments: a 6-foot privacy fence along the western boundary (and northern boundary fence), and that the variance be subject to the plan of operation and site plan. Staff noted the comprehensive plan recommends village mixed use (6-25 dwelling units per acre) and that 15 unrelated adults would be equivalent to 4 families, consistent with the plan. Board members discussed reducing the limit; petitioner agreed to amend the request to 12 persons. The board approved subject to commitments and the amended limit.

Key Outcomes

• 2019 DV1063 (1206 South State Avenue): Approved 4-0. Variance for two lots with 33-foot width (50 required) and two single family dwellings with detached garages.
• 2019 DV1065 (1631 Hoyt Avenue): Approved 4-0. Variance for single family dwelling with 8.5- and 9-foot separations between dwellings and detached garage with 49% open space.
• 2019 DV1067 (7020 Mancor Street): Approved 4-0. Variance for a 960 sq ft pole barn (19'6" tall, amended from 20 ft) with 3-foot south side setback, pool with 3-foot north side setback, 6-foot side setback, and 16-foot aggregate side setback.
• 2019 DV1068 (318 Terrace Avenue): Approved 4-0. Variance for detached garage with secondary dwelling and 51% open space (60% required).
• 2019 UV1026 (1844 North Rural Street): Approved 4-0. Variance for addition to single family dwelling with 3-foot and 4-foot side setbacks (10-foot required).
• 2019 UV1029 (New Fangled Confections, LLC): Approved 4-0. Variance of use for manufacture, packing, storing, and shipping of food-related items.
• 2019 DV1064 (1102 Tecumseh Street): Approved 4-0 contingent on condition that the garage be reduced to 20x20 feet, meet 10-foot separation between dwellings, and achieve 38% open space.
• 2019 DV1066 (1938 East 11th Street): Approved 4-0 as amended. Amendment eliminated the zero-foot west side setback and included a 20x20 attached garage.
• 2019 HOV053 (1314 Olive Street): Approved 4-0 subject to condition that foundation plans be approved and certified by a licensed Indiana engineer with errors and omissions insurance prior to release of the ILP.
• 2019 UV1028 (830 East 38th Street): Approved 4-0 subject to commitments (privacy fences, plan of operation, site plan) and the petitioner's amendment limiting the facility to 12 persons. The plan of operation must be revised administratively to reflect 12.
• Negative findings of fact: Adopted for petition 2019 DV1050 and revised findings for 2019 UV1023 (2019 UV1019).

The meeting adjourned after all business was completed.