Board of Zoning Appeals Public Hearing and Decision Summary - August 5, 2020
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Board of Zoning Appeals Meeting - August 5, 2020
The Board of Zoning Appeals (BZA) Division One met electronically on August 5, 2020 at 4:15 PM, in accordance with COVID-19 guidelines allowing remote meetings. Board members Robins, Taft, Hanscom, Von Dalen, and Bohanan participated, along with staff from the Department of Metropolitan Development and corporation counsel. The board conducted roll-call votes, heard public testimony, and ruled on multiple variance requests, including continuances, expedited approvals, and full public hearings.
Consent Calendar
- Minutes Approval: The minutes from the June 4, 2020 BZA meeting were adopted unanimously (with one abstention from Von Dalen).
- Continuances and Withdrawals:
- 2020 UV1-006 (10101 Brookville Avenue) was moved to the expedited docket after the remonstrator withdrew.
- 2019 DV1034 (4280 Lafayette Road) was transferred to Board Three for the August 18, 2020 hearing at the petitioner's request, with staff and no audience objection.
- 2019 DV1034 (572 and 5724 East South Board Road) was withdrawn by the petitioner.
- 2020 DV1-009 was continued to the August 4, 2020 hearing (motioned by Bohanan, seconded by Robinson).
- 2020 DV1-033 (450 Shelby Street) was automatically continued to the August 4, 2020 hearing.
- 2020 UV1-003 (354 Carlton Avenue) was continued to the next hearing after petitioner's attorney John Cross requested a continuance due to a board member needing to leave early; remonstrators did not object.
Expedited Petitions
All six expedited petitions were approved unanimously without public objection. These included:
- 2020 DV1025 (8760 Crown Point Road)
- 2020 DV1028 (1306 Olive Street) — detached garage with secondary dwelling, 53% open space (60% required)
- 2020 DV1029 (3203 Roberta Drive) — front porch addition with 5-foot setback (25-foot required)
- 2020 DV1031 (1050 Villa Avenue) — detached garage with 50% open space (60% required)
- 2020 DV1032 (241 East Minnesota Street) — legalize existing dwelling with 1.5-foot side setback and detached garage with rooftop deck
- 2020 UV1006 (10101 Brookville Avenue) — office for drywall contractor with storage
Public Hearings & Discussion Items
2020 DV1018 (5332 Broadway Street) — Approved
Petitioner Patrick and Marjorie Connor sought variances for a carport/roof deck addition and to legalize an existing staircase. The board granted a waiver of notice (4-day extension) and heard testimony from neighbors in support. Staff noted construction without permits and code concerns. The board approved the variance with a commitment that all structures meet building code. Vote: 5 yes (Robinson, Bohanan, Hanscom, Von Dalen, Taft).
2020 DV1027 (7530 West Mooresville Road) — Approved
Hawks Landing LP requested a variance to allow an existing accessory building (barn) in the front yard of a proposed single-family dwelling on Lot 8. The petitioner argued the 175-foot front setback from zoning commitments made the barn nonconforming. Staff recommended denial, citing self-imposed difficulty from land division, but the board approved. Vote: 5 yes.
2020 DV1030 (1238 Edison Street) — Denied
Petitioner requested a variance to allow driveway access to Orange Street despite an existing improved alley. Staff and remonstrator Jeffrey Morgan raised safety concerns, neighborhood character, and a lack of practical difficulty. The board denied the petition. Vote: 4 no (Robinson, Bohanan, Von Dalen, Taft).
2020 UV1005 (8533 West Morris Street) — Tie, Continued
ATT Mobility sought a variance for a 120-foot monopole tower and 10-foot lightning rod with a 5-foot rear setback (75-foot required). Staff recommended denial citing visual impact and available alternative zoned sites. The vote was 2-2 (Robinson and Bohanan no; Von Dalen and Taft yes), resulting in an automatic continuance to the August hearing.
Key Outcomes
- Approvals: 2020 DV1018 (with building code commitment), 2020 DV1027, all expedited petitions.
- Denial: 2020 DV1030.
- Continued: 2020 UV1005 (tie), along with several continuances announced earlier.
- Findings of Fact: The board adopted findings of fact for 2020 DV1023 (denied June 4) and for six approved expedited petitions.
The meeting adjourned after addressing all agenda items.
Meeting Transcript
Okay. I'm gonna call this meeting to order. This is the Board of Zoning Appeals public meeting BZA1. Um just some housekeeping items. I want to remind people uh participating on WebEx to remain muted unless you're speaking. This helps reduce and eliminate feedback and static. If you are experiencing bandwidth issues, you can turn the video feature off and you can participate by helpful to close the other programs and windows. Um etc. This whole helping activity and ensure master speeds. So the meeting has come to order. Um so due to a recent example order issued by Governor Holcomb and Mayor Oxette regarding COVID 19 guidelines and restrictions enabling legislation legislative bodies the ability to conduct meetings electronic. The DCA is division one is connecting today's meetings electronically. So I'm to verify um our electronic participation. I'm gonna ask the board members verbally confirmed, but then you can see and hear the other participants, and I'll verbally, I'll individually read each board member's name and just acknowledge that you're present when you're called on. Okay, I'm sorry, two woman tapped. Um did you ask for Clinton McKay? Yes. Okay, I had sent you a later email that Clinton would not be here. Also, I'm having a lot of trouble hearing you. You're cutting in and out. I don't know if everyone did a sound check for 15 minutes. Is everyone have a problem saying? I can turn off my breaking up. Um can you hear me now? Yes, is that better? I think so, at least so far. Okay. Um right, so Clint McKay is not joining us today. Um I don't have that email in front of me, so I'm going to go ahead and read the names and if I read another name that's not here, let me know. Um Robinson. Robinson President, Johan. I'm here. Um Hanscom here, present and Von Dalen. I'm here and can see. Great. And now I'm gonna ask the DMD and corporation council staff um to whether they can see and hear the other participants. I'm not gonna have you just say your names like you did last time. I'm gonna read your names. Um and then respond. So Robert Ulanake. Thank you, madam chair. I can see and hear everyone participating. Um Marlene Arahet. Thank you. I can see and hear everyone. Alison Richardson. Alison Richardson, I can see and hear everyone. Larry Callaway. Chris Steinmetz. Chris Steinmetz.
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