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Record of Proceedings

Indianapolis Metropolitan Board of Zoning Appeals Division 1 Meeting - March 3, 2020

Board of Zoning Appeals I — Tuesday, March 3, 2020
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, March 3, 2020
StatusFILED
Video Record
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Transcript — Verbatim
0:02

I'm going to call this meeting to order.

0:04

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

0:08

I'm Joanna Taft, Chairperson of Division 1.

0:11

Other board members present today to my left are Clint McKay and Roderick Bohanan.

0:16

To my right, Peter Hanscom and Brian Robinson.

0:19

Legal counsel for the board today is Chris Steinmetz.

0:22

Staff members presenting today from the Division of Planning are Larry Callaway, Principal Planner 2, Jeffrey York, Senior Planner, Marlene Irehetta, Senior Planner, Alison Richardson, Senior Planner, Heather Stephens, Senior Specialist and Secretary to the Board.

0:38

Matt Pleasant is the current planning administrator.

0:41

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

0:48

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

0:52

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

0:57

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

1:04

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

1:08

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

1:12

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

1:17

Petitioners and persons appearing in support of the cases being heard shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in support of the petition.

1:26

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.

1:37

Staff will then present the administrator's comments regarding the petition.

1:40

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

1:45

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

1:49

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

1:55

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

2:00

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.

2:08

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.

2:21

Anyone at this hearing he 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.

2:32

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

2:38

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

2:45

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

2:51

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.

2:58

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

3:05

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

3:14

A person may file a written request to receive notice of the filing of a petition for a judicial review of a decision of the board.

3:21

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.

3:30

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

3:34

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

3:43

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

3:50

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

3:55

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

4:23

Thank you, Chair President Taff members of the board staff would draw your attention to 2019 DV1049 at 4301 and 4325 Westington Street.

4:37

This petition is lacking a legal description and affidavit of notice at this point.

4:47

And if that has not been provided as we did last time, we would ask for this petition to be dismissed.

4:57

Is there anyone in the audience who has interest in 2019 DV 1049?

5:02

General, I'm Theodore Minch and I represent the petitioner.

5:05

The petitioner is also in the uh security line with two folks that were here to uh uh to testify in support of the petition.

5:14

Okay.

5:15

So how does the not having a legal description?

5:19

How does that they are here to testify?

5:24

But it's it's not a complete filing if they don't have a legal description for the property that they're making requests for.

5:30

And if they don't have an affidavit notice, there's no proof that they sent out notice, and so the petition can't go forward without either one of those things.

5:38

I do have an affidavit of of notice.

5:40

However, the notices were sent out as quickly as we could get them out following the ad the addresses that we had received on February the 10th.

5:48

So we do have an affidavit of uh of notice, and we also have uh title work that that uh shows property description.

5:55

And these are the this is my client, the petitioner.

5:58

Okay.

5:59

So staff please advise or staff or um legal counsel, please advise on can we hear this case or can we not hear this case?

6:09

Um you know he's he's not provided any of this information to staff to the best of my knowledge.

6:19

So what's before you now is staff's request for dismissal that I would require a motion and a vote.

6:35

And so can you that's correct, nothing's been provided to us yet.

6:40

Obviously, they're claiming they have it, but it's not been provided to the secretary or to staff.

6:45

Is another option for them to for us.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████33%
Fence Regulation███████████████15%
Procedural██████████████14%
Parking Management█████████████13%
Solar Energy Regulation██████████10%
Public Transit█████5%
Permitting Process██2%
Septic Systems██2%
Transportation██2%
Summary of Proceedings

Indianapolis Metropolitan Board of Zoning Appeals Division 1 Meeting - March 3, 2020

The Metropolitan Board of Zoning Appeals, Division 1, convened on March 3, 2020, at 6:15 PM UTC. Chair Joanna Taft presided over the meeting with board members Clint McKay, Roderick Bohanan, Peter Hanscom, and Brian Robinson. Legal counsel Chris Steinmetz and planning staff were present. The board heard several variance petitions, including expedited and regular cases, and conducted officer elections.

Public Comments & Testimony

  • For 2020 DV1005 (1901 East 46th Street), remonstrator Emily DeRosa spoke on behalf of property owner Mr. Rose, expressing concern about potential parking overflow onto adjacent vacant lots. She requested conditions to prevent tenants and customers from parking on those lots.
  • For 2019 DV1069, petitioner Christy Krieg presented reasons for a solar pergola location, including light exposure, septic fields, and a fill dirt contract with a development project.

Discussion Items

  • 2019 DV1049 (4301 and 4325 Westington Street): Petitioner Theodore Minch appeared but had not provided required legal description and affidavit of notice. Staff requested dismissal. The board voted to dismiss the case due to incomplete filings.
  • 2020 DV1003 (Rusty and Marisa Dobbs): Expedited case for variance to legalize existing pole barns and construct a garage. Staff recommended approval. Board approved unanimously (5-0).
  • 2020 HOV002 (1528 Woodlawn Avenue): Expedited case for variance to legalize a covered deck and separation between dwellings. Originally had a remonstrator but none appeared. Staff recommended approval. Board approved unanimously (5-0).
  • 2019 DV1069 (4734 Muller Road): Petitioner Christy Krieg and David Spoonmore (Jefferson Electric) sought variance to allow a pergola with solar panels in the front yard. Two board members recused themselves due to conflicts. Board proceeded with three members. Staff recommended denial, citing lack of practical difficulty and existence of other options. Board approved the variance (3-0) with a condition to install screening shrubs.
  • 2020 DV1005 (1901 East 46th Street): Petitioner Jeffrey Bellamy sought variances for parking reduction (9 spaces vs 22 required) and clear sight triangle encroachment for a brew pub, cafe, and beauty supply store. The petition was modified to include an ADA space. Remonstrator Emily DeRosa raised concerns about parking on adjacent lots. Board imposed a condition requiring lease clauses prohibiting tenant parking on adjacent property unless mutually agreed. Board approved (5-0).
  • 2020 DV1006 (3529 Central Avenue): Petitioner Denise Garcia requested a variance for a 6-foot iron and wood fence in front yards and clear sight triangles, near schools. Staff recommended denial, citing safety concerns. Board approved the variance (3-2).

Key Outcomes

  • 2019 DV1049: Dismissed.
  • 2020 DV1003: Approved (5-0).
  • 2020 HOV002: Approved (5-0).
  • 2019 DV1069: Approved (3-0) with condition of landscaping screening.
  • 2020 DV1005: Approved (5-0) with condition regarding lease language.
  • 2020 DV1006: Approved (3-2).
  • Officer Elections: Joanna Taft re-elected as President, Clint McKay as Vice Chair, Peter Hanscom as Secretary.
  • Meeting adjourned at 2:51 PM (local time). Note: The given meeting start time is 6:15 PM UTC, suggesting a possible discrepancy in time reporting.

Meeting Transcript

I'm going to call this meeting to order. This is the public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I'm Joanna Taft, Chairperson of Division 1. Other board members present today to my left are Clint McKay and Roderick Bohanan. To my right, Peter Hanscom and Brian Robinson. Legal counsel for the board today is Chris Steinmetz. Staff members presenting today from the Division of Planning are Larry Callaway, Principal Planner 2, Jeffrey York, Senior Planner, Marlene Irehetta, Senior Planner, Alison Richardson, Senior Planner, Heather Stephens, Senior Specialist and Secretary to the Board. 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 cases 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 will then 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 he 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, 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 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 Bus Business and Neighborhood Services. A person may file a written request to receive notice of the filing of a petition for a 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. Is there anyone in the audience who's and who has any questions about our procedures? If not, we will consider special requests and continuances at this time. Thank you, Chair President Taff members of the board staff would draw your attention to 2019 DV1049 at 4301 and 4325 Westington Street. This petition is lacking a legal description and affidavit of notice at this point. And if that has not been provided as we did last time, we would ask for this petition to be dismissed. Is there anyone in the audience who has interest in 2019 DV 1049? General, I'm Theodore Minch and I represent the petitioner. The petitioner is also in the uh security line with two folks that were here to uh uh to testify in support of the petition. Okay. So how does the not having a legal description? How does that they are here to testify? But it's it's not a complete filing if they don't have a legal description for the property that they're making requests for. And if they don't have an affidavit notice, there's no proof that they sent out notice, and so the petition can't go forward without either one of those things. I do have an affidavit of of notice.

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