Metropolitan Board of Zoning Appeals Division 1 Hearing - February 2, 2021
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Metropolitan Board of Zoning Appeals Division 1 Hearing – February 2, 2021
The Metropolitan Board of Zoning Appeals Division 1 held a virtual public hearing on February 2, 2021, chaired by Joanna Taft. The board addressed several procedural motions, an expedited docket of six petitions, and three full hearing cases involving variances for residential and commercial properties. The meeting included testimony from petitioners, neighbors, and city officials. Votes were taken on all items.
Procedural Actions
- One-day waiver of legal notice granted for case 2021 UV101 (Chris McAllister, 7515 East 30th Street) due to a late sign posting.
- Continuance granted for case 2020 UV1-018 (petitioner Skylar Sullivan) to March 2, 2021, despite opposition from Thompson Edgewood neighborhood representatives Greg Kittsmiller and Mark Bash, who objected to a third continuance. Staff opposed further continuances. The board voted 3-2 to continue with additional notice.
- Withdrawal acknowledged for case 2021 UV1-002 (Michelle Goss, 8080 Bluff Road).
- Expedited docket transfer for case 2021 DV1-002 (David Rutherford, 8815 Atlantis Drive and 3810 Post Road) after compromise with staff; approved.
- Expedited docket transfer for case 2021 SE1-001 (Matthew Price, AT&T, 5401 West 71st Street); approved.
- Withdrawal and fee transfer for case 2020 UV1-019 (2026 East 10th Street) to a new rezoning petition; acknowledged.
- Continuance granted for case 2020 DV1-082 (32 North Catherwood Avenue) to March 2, 2021, for additional notice.
Expedited Docket (Consent Calendar)
The board approved all six expedited petitions en masse with no opposition:
- 2020 DV3067 (326 Iowa Street) – variance for a second-story addition.
- 2021 DV1001 (1515 Hoyt Avenue) – variance for a single-family dwelling.
- 2021 UV1001 (7515 East 30th Street) – variance for firearms resale business.
- 2021 UV1003 (712 North Illinois Street) – variance for shipping containers for ticket office, bar, and storage.
- 2021 DV1002 (3810 Post Road) – multiple variances for outdoor display, sign, and landscaping.
- 2021 SE1001 (5401 West 71st Street) – special exception for a wireless communications tower.
Public Comments & Testimony
Case 2020 DV1080 – 1238 Evison Street
- Supporters: Neighbors Jessica Miller (Fountain Square Neighborhood Association board member), Philip Ramge, Madeline Moyer, and Holly Puckett spoke in favor, emphasizing the permitting error that left the Montgomery family unable to use their garage and driveway. Councilor Frank Muscari (District 21) also voiced support, calling it a half-million-dollar investment and a city mistake.
- Remonstrators: Paul Djack Robinson and Jeff Morgan opposed, citing traffic safety, stormwater runoff, and the unsuitability of a front-loading garage. Written comments from Amy Morgan and Josh Martin were read into the record.
Case 2020 DV1083 – 2437 South McClure Street
- Petitioner: Richard Gray, a disabled veteran, testified that he installed a six-foot fence to protect himself from aggressive dogs owned by a neighbor, who he said built the fence improperly to retaliate. He could not afford to modify the fence.
- Supporter: Jerry Sanford (2445 South McClure Street) confirmed stray dog problems and safety concerns.
- Remonstrators: None.
Case 2020 DV1077 – 1615 East 12th Street
- Petitioner: Mark Crouch presented the petition, noting agreements with the Windsor Park Neighborhood Association to increase open space to 54% and make design concessions.
- Public comments: None.
Discussion Items
Case 2020 DV1080
- Staff recommended denial but offered alternative commitments: fence height and location limits, and an encroachment license for the fence in the right-of-way. The board added a commitment prohibiting parking in the maneuvering area. Petitioner agreed to all conditions.
Case 2020 DV1083
- Staff recommended denial or relocation of the fence to 11 feet from the right-of-way or reduction to four feet. Petitioner could not afford either option. The board voted on the original request without conditions.
Case 2020 DV1077
- Staff recommended approval, noting the lot's unusual dimensions and the petitioner's concessions. Board approved without further discussion.
Key Outcomes
- Approvals: All six expedited petitions approved. Full hearing cases: 2020 DV1080 approved 5-0 with four commitments; 2020 DV1083 approved 3-2 as originally requested; 2020 DV1077 approved 5-0.
- Continuances: Case 2020 UV1-018 continued to March 2, 2021; case 2020 DV1-082 continued for notice.
- Withdrawals: Two cases withdrawn.
- Waiver: One one-day legal notice waiver granted.
The meeting was adjourned at approximately 3:56 PM.
Meeting Transcript
Speeds. So I'm now going to call the meeting to order. The BZA Board 1 hearing of February 2nd, 2021, and will now come to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. And Joanna Taft, Chairperson of Division One. Executive orders issued by Governor Holcomb and Mayor Hogsat 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 relating 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 recruited or included in the record. Now I'm going to verify electronic participation. To all petitioners and anyone making a special request, please go to the QA function now to state your name, petition number, and your special request. Um that you are present when you're called upon. Roderick Vohannon. President and I can see and hear everything. David Duncan. I'm here and I can see and hear everything as well. Alisha Ruder. Alicia Reuters, I can hear and see everyone here. Is Tony here? Tony is here, but I see that he has two logins, which may be interfering with his ability to speak. Well, while we're waiting for him first, I'll thank uh David, Alicia, and Tony, who serve on other boards, for um helping us out on division one today so that we could have a forum. Um Mr. Simetz, are you comfortable with us going forward since we do have forum, or do you need me to wait until um Tony responds? Uh I'd like to give it a couple of minutes if we can't get him sorted out. He's um done this several times, so hopefully you can get it fixed. He looks like he has the assistants of his IT department there. So uh could I move to staff while we're waiting for him? Sure, that's that'd be great. You can just jump in any time. Okay. So I will now ask the DMD and Office of Corporate Council staff members to verbally confirm that they can see and hear the other participants. Please acknowledge that you're a present when you're called on. Legal counsel for the board, Chris Steinmetz. Thank you. I can see in here. Larry Callaway, Principal Planner 2. Jeff York, senior planner. Thank you, Chairperson Taft. I can see in here. Robert Eulen Hake, Senior Planner. Thank you, Chairperson Taft. I can see and hear. Marlene Uriheta, senior planner. Thank you, Chairperson Taft. I can see and hear everyone. Alison Richardson, senior planner. Thank you. I can see and hear everyone. Janesis Hills, associate planner.
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