Metropolitan Board of Zoning Appeals Division One Public Hearing – September 10, 2020
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Metropolitan Board of Zoning Appeals Division One Public Hearing – September 10, 2020
The Metropolitan Board of Zoning Appeals (BZA) Division One held a public hearing electronically on September 10, 2020, due to COVID-19. Chairperson Joanna Taft presided. The board considered several special requests, approved a consent agenda of expedited petitions, and conducted full hearings on two variance petitions.
Consent Calendar (Special Requests and Expedited Petitions)
- Waiver of sign placement for 2020 DV1043 (1453 Span Ave) granted unanimously.
- Motion to move 2020 UV1-009 (1525 Prospect St) to the expedited docket granted unanimously.
- Withdrawal of 2020 DV1-037 (4545 Kentucky Ave) acknowledged.
- Continuance of 2020 DV1-039 (8403 Michigan Ave) to October 6, 2020, without additional notice, granted unanimously.
- Continuance of 2020 DV1-045 (11844 E McGregor Rd) to October 6, 2020, with additional notice, granted unanimously.
- Waiver for hearing sign posting and three-day mailed notice for 2020 UV1-007 (660 E 42nd St) granted unanimously.
- Expedited petitions (2020 DV1036, DV1040, DV1041, DV1046, UV1007, UV1008, UV1009) were approved en masse by a single vote, with the board waiving rules of procedure. All passed 5-0. One petition (2020 DV1043) was initially removed due to a remonstrator but later returned to the expedited docket and approved.
Public Comments & Testimony
- 2020 DV1042 (8341 Bravestone Way): The petitioner, Christopher Isam, and homeowner Chase Belton testified in support of a six-foot privacy fence in a front yard. Remonstrator Jerry Means, representing the Woods at Liberty Park HOA, testified in opposition, citing HOA rules and zoning violations. Staff recommended denial.
- 2020 DV1043 (1453 Span Ave): Initially a remonstrator (Erica, neighbor) objected, but after speaking with the petitioner, they reached an agreement and the remonstrator did not return. The petitioner Mark Crouch confirmed the agreement.
- 2020 DV1044 (709 N Tremont St): No remonstrators. Petitioner Lester Carver and Pastor Ronald Covington testified in support of an addition to an existing dwelling, emphasizing the pastor's need for a first-floor master suite and community revitalization.
Discussion Items
- 2020 DV1042 (Bravestone Way): Staff recommended denial based on lack of practical difficulty, noting the fence could be modified to comply with height or moved to a different location. The board heard rebuttal from the petitioner. The board voted 4-1 to deny (McKay in favor, others opposed).
- 2020 DV1043 (Span Ave): After the remonstrator left, staff recommended approval, noting that nine of 18 nearby dwellings have six-foot or less setbacks. The board approved unanimously.
- 2020 DV1044 (Tremont St): Staff recommended denial due to large addition, insufficient open space, and unresolved separation distance. The petitioner verbally amended to reduce the garage by two feet to meet the 10-foot separation from the south dwelling. The board approved 5-0, subject to a revised site plan approved by staff.
Key Outcomes
- Denied: 2020 DV1042 (Bravestone Way fence) – 4-1 vote.
- Approved (expedited): 2020 DV1036, DV1040, DV1041, DV1046, UV1007, UV1008, UV1009 – all 5-0.
- Approved (full hearing): 2020 DV1043 (Span Ave) – 5-0.
- Approved (full hearing, with condition): 2020 DV1044 (Tremont St) – 5-0, subject to revised site plan.
- Adopted negative findings of fact for petition 2020 UV1-003 (3544 Carrollton Ave) from the previous month, as recommended by the board.
The meeting adjourned after all business was completed.
Meeting Transcript
Just want to remind folks as we um get ready to call the meeting to order that um if you are participating um by web X, you want to remain muted unless you're speaking, and that helps reduce and eliminate feedback and static. If you are experiencing bandwidth issues, turn off the visit the video feature, and you can still participate by audio. Also, um it's helpful to close other programs in windows, disconnect from VPN, etc. This will help with connectivity and ensure faster speeds. So with that, I'm gonna call the meeting to order. This is um September 1, 2020. Um this is a public hearing of the Metropolitan Board of Zonate Appeals, Division One. I'm Joanna Taft, Chairperson of Division One. Executive orders issued by Governor Holcomb and Mayor Hogsett regarding COVID 19 guidelines and restrictions, enable us to conduct today's meeting electronically. The City of Indianapolis holds public hearings in high regard for public input. We will use reasonable efforts to carry out the public hearing online and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the operation of the hearing. We ask that you remain patient throughout this time.gov or the planner assigned to the case 24 hours prior to the meeting to ensure your comments are included in the record. So the next thing I'm gonna do is verify electronic participation participation. Um so to all attendees, please go to the question and answer function now to state your name, petition number, and whether you are attending in support or opposition to the request. You may also state whether you wish to speak. Um and my question to the host is are there any call in users present who need to be identified? Not at this time. Okay. 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 and please acknowledge that you are present when you're called on. McKay. Robinson. I'm here. Okay. I'm gonna hear and see everyone. Gohanan. Bohannan, present to see everyone. Whittaker? Present and can see everyone. And Taft, I'm present and can see everyone. I will now ask the DMD and Office of Corporation Council members to verbally confirm that they can see and hear the other participants. Please acknowledge that you're present when I call on you. Uh legal counsel for the board, Chris Steinetz. Thank you. I can see and hear. Larry Callaway, Principal Planner 2. Yes, I can see and hear everyone. Robert Eulen Haik, senior planner. Thank you, Chair. I can see and hear everyone. Marlene Yrehetta, senior planner. Present, I can see and hear everyone. Alison Richardson, senior planner. Thank you. I can see and hear everyone. Erica Henshaw, Principal Planner 2, and also serving as the host and question and aid uh QA manager. I can see and hear everyone. Linda Allbrand, Principal Planner 2. Thank you. I can see and hear everyone.
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