Metropolitan Board of Zoning Appeals Division One Hearing - October 27, 2020
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Metropolitan Board of Zoning Appeals Division One Hearing - October 27, 2020
The Metropolitan Board of Zoning Appeals (BZA) Division One held a public hearing on October 27, 2020, at approximately 6:15 PM. The meeting was conducted electronically due to COVID-19 restrictions. Key actions included approvals of expedited petitions, decisions on multiple Verizon 5G small cell variance requests, and rulings on use and development variances for commercial properties.
Consent Calendar
- Granted one-day mailing notice waivers for petitions 2020 DB1-058, 059, 061, 062, 060, 2019 UV1-009, and 2020 UV1-010.
- Approved continuation and transfer of 2019 UV1-009 (2629 West Walnut Street) to the December 8, 2020 hearing of Board Two.
- Moved 2020 DB1-060 (1513 Churchman Avenue) to the expedited docket with staff recommendation for approval.
- Acknowledged automatic continuance of 2020 DV1-057 (8632 Green Braith North Drive) to December 1, 2020.
- Granted a three-day mailing notice waiver for 2020 UV101 (3049 North Post Road).
- Granted a notarization waiver for 2020 DB1-059 due to applicant being out of the country.
- Approved withdrawals of multiple addresses from petitions 2020 DV1-054, 2020 DV1-056, and others.
- Modified presentation time for attorney Russell Brown to a 20-minute overview and 5 minutes per petition for two Verizon cases.
- Approved a waiver of rules of procedure to vote on all expedited petitions in a single roll call vote.
Public Comments & Testimony
- Laura Troop (remonstrator, 2020 DV1054B): Expressed support for 5G technology but requested neighborhood input on placement and aesthetics. Concerned about above-ground poles in a 1990s subdivision with underground utilities.
- Jessica Darling (written, via QA): Vice President of Falcon Square Alliance. Expressed concern that neighborhood associations did not receive variance paperwork, that proposed locations did not meet city standards, and noted property damage during previous 5G deployment by contractors. Stated support for 5G but opposition to multiple poles.
- Adrian Fowler (remonstrator, 2020 UV1010): Raised concerns about potential flooding from increased runoff due to new construction, and about noise from large trucks entering/exiting the site.
- John Anderson (remonstrator, 2020 UV1010): Requested a fence and/or pine tree border on the western boundary to shield his property from visibility of equipment and protect resale value.
- Sarah Schwomer (staff liaison, reading on behalf of Councilor Jackson, 2020 UV1011): Councilor Jackson opposed the proposed gas station and convenience market due to proximity to a school, existing gas stations in the area, potential alcohol sales leading to crime, and the need for healthier food options in a food desert community.
- Written remonstrance letters from Councilor Jackson and others were also entered into the record.
Discussion Items
- Verizon 5G Small Cell Petitions (2020 DV1054B, 2020 DV1056): Attorney Russell Brown presented the need for 5G technology, described the technical requirements, and argued that variances are necessary due to the underground utilities ordinance and the lack of suitable locations along arterial roads. Staff recommended approval of one location (McFarland Court) but denial of others on local streets, citing negative impact on neighborhoods. Remonstrators raised concerns about aesthetics and property values. For 2020 DV1054B, the board split the vote, approving the McFarland site (3-1) and the remaining four sites with the condition of black metal poles (3-1). For 2020 DV1056, the board deadlocked 2-2, resulting in automatic continuance to November 10, 2020.
- 2020 UV1010 (Allini Drill Foundations, 3930 South Post Road): Petitioner sought a use variance for a heavy commercial contractor facility and a development variance for a gravel driveway/parking area. Staff recommended denial due to incompatibility with the area, intensity of use, and concerns about dust and gravel. Remonstrators expressed flooding and noise concerns. The board approved the petition (4-0) with commitments to submit an amended site plan showing fencing along south, west, and north sides, and to adhere to the plan of operation.
- 2020 UV1011 (Racetrack, 3049 North Post Road): Petitioner requested a use variance to operate a convenience market as part of an automobile fueling station (with food preparation/reheating) and a development variance for reduced setbacks. Staff had no recommendation on the use variance due to interpretation questions about whether prepared food is allowed under an auto fueling station definition, but recommended approval of the development variance with a 20-foot landscape yard condition. Councilor Jackson and others opposed. The board voted 2-1 (Robinson no, Brandon yes, Bohannon yes), resulting in a indecisive vote and automatic continuance to November 10, 2020.
Key Outcomes
- 2020 DV1054B (Verizon): Approved. McFarland Court site approved 3-1 (wood pole); remaining four sites (Oak Drive, Stop 10 Road, Todd Road, Remington Drive) approved 3-1 with condition of black metal poles and internal cabling.
- 2020 DV1056 (Verizon): Continued to November 10, 2020 due to a 2-2 tie vote (Bohannon no, Robinson yes, Brandon no, Taft yes).
- 2020 UV1010 (Allini Drill Foundations): Approved 4-0 with commitments: (1) plan of operation as submitted, (2) amended site plan showing fence along south, west, and north sides.
- 2020 UV1011 (Racetrack): Continued to November 10, 2020 due to a 2-1 indecisive vote (Robinson no, Brandon yes, Bohannon yes).
- Expedited Petitions: All 2020 GV1-058, DV1-061, DV1-062, DV1-063, and DV1-060 (amended) approved by roll call (unanimous).
Meeting Transcript
speeds so the BZA hearing of October 27, 2020 will now come to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division One. I'm Joanna Tapp, Chairperson of Division One. Executive orders issued by Governor Holcomb and Mayor Hogset regarding COVID 19 guidelines and restrictions enable us to conduct today's meetings electronically. The City of Indianapolis holds public hearings and 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 through this time. The city heavily encourages the public to email your comments to DMD public comments at indie.gov or the planner assigned to the case 24 hours prior to the meeting to ensure your comments are included in the record. So now I'm going to verify electronic participation. So to all attendees please go to the QA function now to state your name petition number and whether or not whether you have special requests or are attending in support or opposition to the request. You may also state whether you wish to speak I will now ask board members to verbally confirm that they can see and hear the other participants I will individually read each board member's name and please acknowledge that present Roderick Pohannan. Present now I can hear and see everyone. Brian Robinson present and hear and see everyone Beth Brandon present and I can hear and see everyone. And I'm Joanna Taft and I can see and hear everyone I will now ask the DMD and Office of Corporation Council staff members to verbally confirm that they can see and hear the other participants please acknowledge that you are present when you're called on legal counsel for the board Chris Steinmetz. Thank you I can see and hear Larry Callaway Principal Planner 2 I can see and hear everyone Kathleen Blackham senior planner is she there I see her she may be having technical difficulties okay maybe we'll skip her and come back Robert Ulanake Senior Planner Chairperson Taft this is Kathleen Blackham I had to get out and get back in there was some connection issues but I can see and hear everyone right now thank you wonderful um Robert Ulenhaikerson Taft members of the board I had the same issue that Kathleen Blackham had however I am back I can see and hear everyone nowheta senior planner she did message me and said she's having some technical difficulties she may have to hear or what we'll come back around to her I'm talking to her on the phone. Okay. Erica Himshaw Principal planner two serving as host today I can see and hear everybody Linda Albrand principal planner two serving as presentations manager today. Thank you I can see and hear everyone Matt Pleasant current planning administrator and handling the QA function. Thank you I can see and hear everyone hearing specialist Heather Stefan can you please confirm it can see and hear the other participants yes I confirm should we go back to Alison or does somebody want to let me know when did we have Alison I know Marlene was the one we had I'm sorry Marlene. Oh I'm here and I can see and hear everyone great wonderful Marlene's gonna she just signed off she's gonna come back in and see if she can't get back coordinated again. Okay. A person may file a written request to receive notice of the filing of a petition for 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 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. All voting today will be done by roll call. I will individually read each board member's name and ask them the vote yes or no. Board members, please respond with your last name and your vote. For instance, Bohannon, yes. As I previously stated, and for those who have just joined, please go to the QA function and state your name and address as well as a petition for which you are here today. Also state whether you wish to speak on the as a petitioner or if you have a special request to make to the board. Before we go to the public for special requests, I believe staff has a special request. Thank you, Chairperson Taft, members of the board. There are multiple petitions that staff is requesting a one-day waiver of notice for the signed placement. These are 2020 DB1-058 located at 1448 Nelson Avenue. 2020 DB1-059 located at 1051 Roche Street. 2020 DB1-061 located at 4908 North Illinois Street. 2020 DB1-062, located at 402 East Cavern Caven Street, excuse me. 2020 DB1-060, located at 1513 Churchman Avenue. 2019 UV1-009, located at 2629 West Walnut Street. 2020-UV1-010 located at 3930, parcel address 3920 South Post Road. Again, these are requesting a one-day waiver of notice of the signed placement. Mailing notice is uh correct. Staff will be happy to answer any questions the board may have. Um, unless there are any questions, um, we'll need a motion. Bohan is so move. Is there a second? Robinson second. All in favor say aye. Bohannon aye. Robinson.
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