Indianapolis Board of Zoning Appeals Hearing - August 4, 2020

The Indianapolis Board of Zoning Appeals (BZA) met on August 4, 2020, at 6:15 PM to consider agenda items including approval of minutes, continuances, expedited petitions, and three full hearings on variance requests. The board approved the minutes from July 7, 2020, granted several continuances, approved three expedited petitions in a single vote, and voted on three contested variance petitions, denying one and approving two.

Consent Calendar

• Unanimously adopted the minutes from the July 7, 2020 BCA1 hearing (no discussion).
• Acknowledged automatic continuances filed by registered neighborhood organizations for petitions 2020 DV1-036 (4545 Kentucky Avenue) and 2020 DV1-039 (8403 Michigan Road) to September 1, 2020.
• Approved three expedited petitions in a single roll‑call vote (4‑0): 2020 DV1035 (22 & 26 South Oxford Street), 2020 DV1038 (714 Terrace Avenue), and 2020 DV2027 (2103 Webb Street) – all petitioners had previously affirmed agreement with staff reports and commitments.

Public Comments & Testimony

• Petition 2020 UV1003 (3544 Carleton Avenue): Multiple remonstrators spoke in opposition, including attorney Derek Raymond (representing neighbors), Glenn Luzader, Elon Daniel (on behalf of Mapleton Fall Creek Development Corporation), Nathan Abbott (adjacent property owner), and Melissa Skeeters. Remonstrators argued that the property had not been continuously used as a multi‑family dwelling, cited numerous police runs, Health and Hospital violations, safety concerns, and parking non‑compliance. City‑County Councillor Duke Oliver’s letter of opposition was read into the record.
• Petition 2020 DV1033 (350 Shelby Street): John Mavris, an adjoining property owner, spoke in opposition, expressing concern about building height (60 ft), parking, and the impact on his own future development plans. He stated he supports affordable housing but believes a better plan exists.

Discussion Items

• Petition 2020 UV1003 – Circle City Weekly Rentals, 3544 Carleton Avenue: The petitioner requested a variance of use to legally establish a 10‑unit multi‑family dwelling that had operated since the 1990s. Staff recommended approval based on proximity to the Red Line BRT and structural permits from the 1990s. The board heard extensive testimony from remonstrators regarding police calls, property condition, and lack of due diligence. The board voted 1‑4 to deny the variance (McKay no, Whitaker no, Bohannon yes, Robinson no, Taft no). The petition was continued for adoption of negative findings of fact.
• Petition 2020 UV1005 – AT&T, 8533 West Morris Street: The petitioner sought a variance of use and development standards to construct a 120‑foot monopole telecommunications tower with a 10‑foot lightning rod and a reduced rear setback (5 ft vs. 75 ft required). No remonstrators appeared. Staff recommended denial, citing the site’s recommended suburban neighborhood development and the goal of minimizing disruption to residential districts. The petitioner argued the tower was critical infrastructure, no viable alternatives existed, and the site was well‑screened by trees and floodplain. The board voted 4‑1 to approve (McKay no, Whitaker yes, Bohannon yes, Robinson yes, Taft yes).
• Petition 2020 DV1033 – Englewood Community Development Corporation, 350 Shelby Street: The petitioner sought variances to allow a 60‑foot‑tall mixed‑use building (5 stories) within the clear site triangle and to exceed the 35‑foot height limit in MU2 zoning. The parking variance was withdrawn. One remonstrator (John Mavris) spoke, but the board found the variances appropriate given the site’s urban context, transit access, and minimal impact. Staff recommended approval. The board voted 5‑0 to approve.

Key Outcomes

• Denied: Petition 2020 UV1003 (3544 Carleton Avenue) – variance of use for a 10‑unit multi‑family dwelling (1‑4 vote). Negative findings of fact to be adopted.
• Approved: Petition 2020 UV1005 (8533 West Morris Street) – variance for a 120‑ft monopole telecommunications tower (4‑1 vote).
• Approved: Petition 2020 DV1033 (350 Shelby Street) – variance for building height (60 ft) and clear site triangle encroachment (5‑0 vote).
• Continued: Petition 2020 DV1009 (9510 Arrison Drive) continued to October 6, 2020 with additional notice.
• Continued: Petition 2020 UV1‑007 continued to September 1, 2020 due to lack of prosecution.
• Expedited Petitions: 2020 DV1035, DV1038, and DV2027 approved without hearing.
• Findings of Fact: The board adopted findings for the previously denied petition (2020 TV1030) and approved findings for the approved petitions (with member McKay recused from UV1005 findings).
• Adjournment: The meeting was adjourned following all votes.