OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Board of Zoning Appeals Division One Meeting - May 12, 2020

Board of Zoning Appeals ITuesday, May 12, 2020
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, May 12, 2020
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

I'm gonna call this meeting to order.

0:02

This is the Board of Zoning Appeals, Division One for May 12th, 2020.

0:07

I'm Joanna Taft, chairperson of Division One.

0:11

Due to a recent to due to recent executive orders issued by Governor Holcomb and Mayor Hogstatt regarding COVID 19 guidelines and restrictions enabling legislative bodies to the ability to conduct meetings electronically.

0:26

The BZA division number one is conducting today's meeting electronically.

0:31

If you're joining us, I'd like you to remember to remain muted unless you're speaking.

0:37

This helps reduce and eliminate feedback and static.

0:41

If you are experiencing bandwidth issues, you can turn off the video feature and participate by audio.

0:48

Also, it's helpful to close other programs and windows, disconnect from VPN, etc.

0:54

This will help with connectivity and ensure faster speeds.

0:58

I will now ask the board members to verbally confirm that they can see and hear the other participants.

1:06

I will individually read each board member's last name.

1:09

Please acknowledge that you are present when you are called on.

1:22

Unmute.

1:30

No McKay.

1:32

Robinson.

1:34

Here is it.

1:37

O'Hannon.

1:42

O'Hannon.

1:44

Here, present.

1:46

Hanscom.

1:49

Hello in here.

1:52

Did you say you is here?

1:56

Yes.

1:57

Yes.

1:57

Okay.

1:57

So your picture.

2:00

There you are.

2:00

I see it.

2:01

And Joanna Taft, I'm present.

2:04

So we are missing one.

2:06

We have a board of four today.

2:07

Heather, are we expecting the fifth member today?

2:16

He has indicated that he's having trouble getting connected, but he has turned to come in.

2:20

Okay.

2:22

Let's have our seven.

2:24

Can you please confirm that you can see and hear the other participants?

2:28

I can.

2:30

Would all DMD and Corporation Council staff members please identify themselves and confirm that they can see and hear the other participants?

2:42

Mr.

2:43

Simetz, can you see and hear?

2:46

I can.

2:47

Thank you.

2:51

Alison Richardson, can you see and hear?

2:59

Um there's anyone else, any other staff participating in the meeting.

3:03

I know we have Matt Pleasant.

3:05

Maybe check.

3:12

Awesome.

3:15

Um Mr.

3:16

Callaway, can you see in here?

3:20

Did I miss anyone?

3:25

I can see in here, everyone.

3:29

And Chairperson Taft, this is Jeff York.

3:31

I can stand here.

3:32

Thank you.

3:35

Okay.

3:36

And then uh Mr.

3:37

McKay joined us also from the board.

3:40

Thank you.

3:42

All right, about voting.

Discussion Breakdown — Share of Meeting
Zoning and Land Use████████████████████████████████████████40%
Sign Regulation███████████████████████████27%
Procedural█████████████████████21%
Public Engagement███████7%
Traffic Safety██2%
Pending Litigation1%
Community Engagement1%
Public Safety1%
Summary of Proceedings

Board of Zoning Appeals Division One Meeting - May 12, 2020

The Board of Zoning Appeals Division One held an electronic meeting on May 12, 2020, due to COVID-19 restrictions. Chairperson Joanna Taft presided over a board of four members initially (McKay, Robinson, O'Hannon, Hanscom), later joined by a fifth member (McKay). Staff included Mr. Simetz, Allison Richardson, Matt Pleasant, Mr. Callaway, and Jeff York. The meeting addressed minutes approval, withdrawals, continuances, expedited petitions, and public hearings on variance requests.

Consent Calendar

  • Minutes: Approved the April 7, 2020, meeting minutes by roll call (McKay aye, Robinson aye, O'Hannon aye, Taft aye, Hanscom aye).
  • Withdrawals: Petition numbers 2020 UV101 and 2020 UV1002 were withdrawn at the petitioner's request; fees transferred to a new petition. Approved unanimously.
  • Continuances:
    • 2020 DV109: Continued to June 4, 2020, without additional notice (McKay moved, Hanscom second, all ayes).
    • 2020 DV1018: Continued to June 4, 2020, with additional notice (motion, second by Robinson, all ayes).
    • 2020 DV1021: Continued to June 4, 2020, with additional notice (motion, second by Hanscom, all ayes).
    • 2020 DV1019: Continued and transferred to the May 26, 2020, hearing of Board Three without additional notice (all ayes).
    • 2020 UV1003: Automatic continuance acknowledged (timely filed by registered neighborhood organization, continued to June 4, 2020).
    • 2019 DV1034: Continued to July 7, 2020, without additional notice (motion, second by Hanscom, all ayes).
    • 2020 DB1008: Moved to expedited docket after no opposition was expressed (motion, all ayes).
  • Expedited Petitions: Approved as a block, with one abstention:
    • 2020 DB1014 (1315 & 1317 Spann Avenue): Variances for two single-family dwellings.
    • 2020 DB1017 (515 Cottage Avenue): Variance for single-family dwelling and deck.
    • 2020 VV1020 (1620 & 1622 Carroll Avenue): Variances for single-family and two-family dwellings.
    • 2020 DB1022 (1220 Waterway Boulevard & 1510 Indiana Avenue): Variance for two temporary parking lots (Robinson abstained).
    • 2020 UVE3001 (1651 Cornell Avenue): Variance for addition to single-family dwelling.
    • 2020 DV1008 (945 East Morris Street): Variance for single-family dwelling.
    • Roll call: McKay aye, Robinson aye (except abstention on 1022), O'Hannon aye, Hanscom aye, Taft aye.

Public Comments & Testimony

  • Remonstrator for 2020 DB1012 (226 Sanders Street): No remonstrators present.
  • Support for 2020 DB1013 (Chick-fil-A signage): Councilor Paul Anne (Indianapolis City-County Council, District 23) expressed support, stating the location is unique due to its border with Johnson County and multiple access points, and that the sign requests are reasonable for business success.
  • Remonstrator for 2020 DB1013: A call-in user initially signed on but later disconnected; no testimony given.
  • Neighbor concern for 2020 DB1012 (1157 Laurel Street): Staff noted a neighbor sent a letter opposing the reduced separation, but the petitioner addressed concerns by agreeing not to install a privacy fence.

Discussion Items

  • 2020 DB1012 (226 Sanders Street): Petitioner Jeffrey Willis sought variances for a carport, stairs, and open space. Staff recommended denial, arguing permits could have avoided violations and the garage was oversized. Petitioner argued practical difficulties due to prior construction without permits. The board denied the petition.
  • 2020 DB1012 (1157 Laurel Street): Petitioner Mark Crouch sought variances for reduced separation (5 feet vs. 10 feet) and open space (54% vs. 60%). Staff recommended approval, noting the lot is only 31 feet wide and the garage size was reduced. A commitment to maintain a heritage tree was required. Approved.
  • 2020 DB1013 (2020 East County Line Road): Petitioner Tracy Deal (Chick-fil-A) requested variances for two 40-foot pole signs and 6.5-foot drive-through menu boards. Staff recommended denial, proposing one 20-foot pole sign and the menu boards. The petitioner initially argued necessity due to surrounding signs and multiple frontages but later amended to staff's proposal. Councilor Paul Anne spoke in support. Approved as amended.
  • 2020 DB1015 (227 Dixon Street): Petitioner Mark Crouch sought variances for reduced separation (4 feet) and open space (40%). Staff recommended approval after petitioner agreed to reduce garage size and delete a breezeway. Approved.

Key Outcomes

  • Denied: 2020 DB1012 (226 Sanders Street) – all board members voted no (McKay no, O'Hannon no, Hanscom no, Robinson no, Taft no). Findings of fact will be prepared.
  • Approved: 2020 DB1012 (1157 Laurel Street) – subject to commitment to maintain heritage tree. Vote: Robinson aye, Hanscom aye, Taft aye (other members not called; presumably all ayes).
  • Approved as Amended: 2020 DB1013 (Chick-fil-A signage) – amended to one 20-foot internally illuminated pole sign (150 sq. ft.) and two 6.5-foot menu boards. Roll call: McKay aye, Robinson aye, and others (presumably all ayes).
  • Approved: 2020 DB1015 (227 Dixon Street) – unanimous: McKay aye, O'Hannon aye, Hanscom aye, Robinson aye, Taft aye.
  • Continuances and Expedited: All continuances and expedited petitions approved as noted above.
  • Next Steps: Petitions continued to future hearings as scheduled (June 4, May 26, July 7, 2020). Denied petition requires revised findings of fact. Approved petitions move forward subject to conditions.

Meeting Transcript

I'm gonna call this meeting to order. This is the Board of Zoning Appeals, Division One for May 12th, 2020. I'm Joanna Taft, chairperson of Division One. Due to a recent to due to recent executive orders issued by Governor Holcomb and Mayor Hogstatt regarding COVID 19 guidelines and restrictions enabling legislative bodies to the ability to conduct meetings electronically. The BZA division number one is conducting today's meeting electronically. If you're joining us, I'd like you to remember to remain muted unless you're speaking. This helps reduce and eliminate feedback and static. If you are experiencing bandwidth issues, you can turn off the video feature and participate by audio. Also, it's helpful to close other programs and windows, disconnect from VPN, etc. This will help with connectivity and ensure faster speeds. I will now ask the board members to verbally confirm that they can see and hear the other participants. I will individually read each board member's last name. Please acknowledge that you are present when you are called on. Unmute. No McKay. Robinson. Here is it. O'Hannon. O'Hannon. Here, present. Hanscom. Hello in here. Did you say you is here? Yes. Yes. Okay. So your picture. There you are. I see it. And Joanna Taft, I'm present. So we are missing one. We have a board of four today. Heather, are we expecting the fifth member today? He has indicated that he's having trouble getting connected, but he has turned to come in. Okay. Let's have our seven. Can you please confirm that you can see and hear the other participants? I can. Would all DMD and Corporation Council staff members please identify themselves and confirm that they can see and hear the other participants? Mr. Simetz, can you see and hear? I can. Thank you. Alison Richardson, can you see and hear? Um there's anyone else, any other staff participating in the meeting. I know we have Matt Pleasant. Maybe check. Awesome. Um Mr. Callaway, can you see in here?

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