BZA Hearing Board 1 Meeting - November 10, 2020
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BZA Hearing Board 1 Meeting - November 10, 2020
The Board of Zoning Appeals, Division 1, held a virtual public hearing on November 10, 2020, due to COVID-19 executive orders. Chairperson Joanna Taft presided, with board members Roger Bohannon and Beth Brandon also participating. The board heard a request to expedite a case, approved five expedited petitions, granted several continuances and transfers, denied a controversial variance for a Racetrack fueling station/convenience market, and approved a waiver of the refiling rule.
Expedited Docket
- The board voted unanimously (3-0) to consider all expedited petitions in a single vote. No one requested removal from the expedited docket.
- Approved petitions include:
- 2020 DB1064 – 5450 Washington Boulevard: attached garage with 1-foot rear setback (20-foot required).
- 2020 DB1066 – 901 & 907 South Randolph Street: single-family dwelling with detached garage within clear site triangle; 6-foot separation between dwellings (10-foot required).
- 2020 DB1067 – 1133 South Keeling Street: expansion of single-family dwelling with 11-foot front setback and 6 feet between dwellings (18-foot/average and 10-foot required).
- 2020 DB1068 – 1225 Hoyt Avenue: legalize existing dwelling with zero-foot front setback/overhang in right-of-way, 1-foot west side setback, 2.5 and 5.5 feet between dwellings, and detached garage with 46% open space (18-foot/average setback, 10-foot separation, 60% open space required).
- 2020 DB1069 – 412 East 28th Street: single-family dwelling with attached garage, 10-foot front setback, 8-foot rear setback, 47% open space, and encroachment in clear site triangle (18-foot/average front setback, 20-foot rear setback, 60% open space required).
Continuances and Transfers
- 2020 UV1-013 (Pat Croney): Continued to December 1, 2020, without additional notice. Later, Carl Marshall indicated he wished to object after the vote; the board declined to reconsider because the petitioner had left.
- 2020 UV1-011 (Lakeisha Jackson request): Moved up on the docket due to number of community speakers.
- 2020 DV1039 (David King): Continued to December 1, 2020, with the understanding that petitioner may withdraw or provide new notice if needed.
- 2020 DV1056 (Russell Brown): Transferred to Division 2 hearing on November 17, 2020.
- 2020 UV1-014 (Sharman Fry): Continued to December 1, 2020.
- 2020 UV1-010 (per staff; transcript shows 2020 UV 310/UB3010) (Joe Calderan): Continued and transferred to Board 3 on November 24, 2020.
- 2020 DV1009 (Mark Mayfield, remonstrator): Continued to December 1, 2020, with staff requesting it be the final continuance.
- The final remaining petition (Tech Center LLC, Justin Long): Continued to December 1, 2020.
Public Comments & Testimony (for 2020 UV1011)
- Russell Brown (petitioner attorney) presented case for Racetrack; John Jansen (Racetrack) also sworn.
- Remonstrators:
- Sharia Caldwell (Far Eastside resident, Cafe Community Lights) opposed, citing existing gas stations, schools, crime, low-wage jobs.
- Lila Darden (Far East Community Council president) opposed, noting Far East Side has as many gas stations as Carmel and Fishers combined; preferred grocery store/coffee shop.
- Samantha Douglas (Far East Side resident and council leader) opposed, citing health, pollution, predatory pricing.
- Jamie Bell (Carry and Place Church, adjacent corner) opposed, concerned about alcohol sales, crime, food desert.
- Michael Howe (CEO, Far East Side Community Center) opposed, citing truck traffic and existing plans for corridor.
- Councilor Lakeisha Jackson (District 14) opposed, highlighting redevelopment plans, community unity, and that the area is food desert; she stated she lives within a mile.
- Written remonstrance from state senator Robin Shackelford and others; Tanya Johnson submitted opposition without speaking.
- Staff stated no recommendation on use variance due to ambiguity in ordinance definition of accessory use; supported development standard variance with conditions (20-foot landscape yards and sidewalk along Post Road and 30th Street).
Discussion Items
- 2020 UV1011: Racetrack requested a use variance for a convenience market (with on-site food prep) and development variance for reduced setbacks at 3049 North Post Road. Petitioner argued auto fueling station is permitted by right; variance needed only for 6% of building for food prep; diesel canopy needed for industrial users. Remonstrators opposed, citing ample gas stations, crime, schools, and incompatibility with community needs. Board denied the petition 3-0 after deliberation.
- 2020 AP1001: Request to waive 12-month refiling rule for a variance petition related to garage access at 1238 Evan Street. Peter Logan presented that the original driveway/garage orientation was an error; new plan moves access to alley, eliminating curb cut. Staff supported waiver as substantially different. Board approved unanimously (3-0).
Key Outcomes
- Expedited petitions (5) approved unanimously.
- 2020 UV1011 denied (3-0); findings of fact to be adopted later.
- 2020 AP1001 approved (3-0).
- Multiple continuances and transfers granted as listed above.
- Chairperson Taft had a hard stop at 2:55, leading to the final case being continued.
Meeting Transcript
So first, I'm going to remind the WebEx participants to remain muted unless they're speaking. This helps reduce and eliminate feedback and static. If you are experiencing bandwidth issues, you can turn off your video feature and still participate by audio. Also, it's helpful to close other programs of windows, disconnect from VPN, etc. This will help connectivity and ensure faster speeds. So the BZA hearing Board 1 hearing of November 10, 2020 will now come to order. This is a public hearing of the Bachelor Board of Zoning Appeals, Division 1. I'm chairperson, Joanna Taft, Chairperson of Division One. Executive orders issued by Governor Holcomb and Mayor Hoxett 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. 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. To all attendees, please go to the QA function now to say. I guess we kind of did this. I'm not sure if we're going to need to do it again, so I'll just read it. Go to the QA function now to state your name, petition number, and whether or not you have a special request. I will ask the board members to verbally confirm that they can see and hear the other participants. I will visually read each board member's name and please acknowledge that you're present when you're called on. Roger Perhannon. I am present. I can hear and see everything. Beth Brandon. I can hear everything. Okay. And Joanna Taft, I can see and hear. 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, uh Chris Steinmetz. Thank you. I can see and hear. Larry Callaway, Principal Planner 2. Thank you, Chairperson Taft. I can see. Kathleen Blackham, Senior Planner. Thank you, Chairperson Taft. I can see and hear everyone. Jeffrey York, Senior Planner. Thank you, Chairperson Taft. I can see it here. Robert Eulin Haig, Senior Planner. Thank you, Chairperson Taft. I can see and hear everyone. Marlene Uriheta, senior planner. Thank you, Chairperson Taft. I can see and hear everyone. Alison Richardson, senior planner. Thank you, Chairperson Taft.
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