Indianapolis BZA Division One Hearing - March 2, 2021
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Indianapolis Board of Zoning Appeals Division One Hearing - March 2, 2021
The Indianapolis Board of Zoning Appeals (BZA) Division One held a public hearing on March 2, 2021, beginning at approximately 6:15 PM ET. The meeting was conducted electronically due to COVID-19. The board considered continuances, expedited petitions, and four full hearing cases involving variances of use and development standards. Key topics included a proposed substance abuse group home, a residential garage access, a duplex development, and an event center.
Continuances and Special Requests
- 2020 DB1082 (735 Shelby St): Continued to April 6, 2021 without additional notice (motion by Bohan, second by Nelson, unanimous).
- 2021 DV1004 (445 Spring Mill Lane): Continued to April 6, 2021 without notice after remonstrators requested continuance; petitioner attempted to object but continuance stood.
- 2021 UV105 (437 N Euclid Ave): Continued to April 6, 2021 without notice, pending modified plan of operation (motion by Bohan, second by Nelson, unanimous).
- 2021 DB1065 (9715 Park Davis Dr): Continued to May 4, 2021 (motion by Duncan, second by Nelson, unanimous).
- 2020 UV1018 (5660 Madison Ave): Granted a three-day waiver of second notice to proceed with hearing (motion by Bohan, second by Nelson, unanimous).
Expedited Petitions
- The board approved all expedited petitions in a single vote after waiver of rules (motion by Bohan, second by Nelson, unanimous). Petitions included: 2021 DV1003 (Laurel St), 2021 DV1006 (Oakland Rd), 2020 UV1021 amended (Beachway Dr), 2021 UV1004 (N Rural St), and 2021 UV107. No opposition was noted.
Full Hearing: 2020 UV1018 – Celtic Recovery Group Home (Denied)
Petitioner: David Kingan representing Celtic Recovery LLC, seeking a variance of use to operate a nine-bed all-male substance abuse group home at 5660 Madison Avenue (D1 zone). The proposed facility would provide dual diagnosis treatment, with nine residents and up to 15 employees. Supporters included former state representative Jim Merritt, recovery advocate Peter Malloy, business owner Doug Powers, and City-County Councillor Mike Dilk. They argued the property is on a commercial corridor (89 businesses vs. 11 residences in a mile), the home would appear as a single-family residence, and there is a pressing need for addiction treatment. Remonstrators: Mark Bash (TERRA president), Greg Kitzmiller (TERRA board), and Clara Williams (neighbor). They opposed citing incompatibility with the residential neighborhood, lack of detailed operation plan (only five bullet points), concerns about traffic, parking, security, and potential negative impacts on property values and quality of life. Over 30 letters of opposition from nearby residents were submitted. Staff Position: Recommended denial. The proposed use does not meet the definition of a group home (limited to eight individuals), would be a commercial operation with excessive staff and parking, and is inappropriate for a residential block. No practical difficulty exists. Board Vote: Bohan (no), Duncan (no), Nelson (no), Hampton (yes), Taft (yes). Denied 3-2. The case was continued for adoption of findings of fact.
Full Hearing: 2021 DV1005 – Garage Access on Singleton Street (Approved)
Petitioner: Joe Calderon representing owner Iana Walker, requesting a variance of development standards to allow a detached garage accessed from Singleton Street instead of the required alley at 1844-1848 Singleton Street. The lot has historic street access, and the alley is narrow, poor condition, and abuts a commercial property. Remonstrators: None present. Staff Position: Recommended denial, citing ordinance intent to limit street cuts and promote alley access. No practical difficulty was identified. Board Vote: All five members voted yes. Approved unanimously.
Full Hearing: 2021 UV1006 – Duplex at 230 Kansas Street (Continued)
Petitioner: Mark Crouch for 317 Homes LLC, seeking variances for a duplex with reduced open space and setbacks. The project involves converting a lot for two dwelling units. Remonstrators: Letty Walton (neighbor) and Karen Young requested continuance to allow more time to review changes and discuss. Petitioner agreed. Outcome: Continued to April 6, 2021 without additional notice (motion by Bohan, second by Nelson, unanimous).
Full Hearing: 2021 UV106 – Event Center at 909-915 S Short Ridge Road (Denied)
Petitioner: Skylar Sullivan and Benjamin Gagne of 13th Hour Productions, seeking a variance of use and development standards to construct two pole barns and a 200+ space gravel parking lot for a seasonal haunted attraction and year-round recreation (escape rooms, axe throwing). The property is 24 acres, zone DA, with floodway and environmentally sensitive overlay. Remonstrators: Cheryl Dickon, Barbara Michler, Mary Margaret Mattingley, Carol Haskett, and Kathy Bates (neighbors). They cited traffic on narrow Short Ridge Road, flooding concerns, noise, light, and disruption to a quiet residential neighborhood. Over 60 signature petitions were submitted. Staff Position: Recommended denial. The use does not align with the comprehensive plan (light industrial recommended, not recreational). The proposed gravel parking in floodway area raises environmental concerns and would require permits unlikely to be approved. Access via Woodlawn Avenue is inappropriate. Petitioner's Commitments: Withdrew request for 16-foot setback from Short Ridge, agreeing to 35-foot setback. Board Vote: Bohan (no), Duncan (yes), Nelson (yes), Hampton (no), Taft (no). Denied 3-2. The case was continued for adoption of findings of fact.
Key Outcomes
- Votes and Decisions:
- 2020 UV1018: Denied (3-2).
- 2021 DV1005: Approved (5-0).
- 2020 UV1018 (waiver): Granted (5-0).
- Expedited docket: Approved (5-0).
- Continuances: Approved (5-0) for multiple cases.
- Next Steps: Denied cases will have findings of fact adopted at future meetings. Continued cases will be heard in April or May 2021.
Meeting Transcript
Board one hearing of March 2nd, 2021 to order. This is a public hearing of the Bet Cotton Board of Zoning Appeals, Division One. I'm chairperson. I'm Joanna Taff, Chairperson of Division One. Executive orders issued by Governor Holcomb and Mayor Hogstead regarding COVID-19 in guidance lines and restrict electronically. The City of Indianapolis holds public hearings in high regard to public input. We will use reasonable efforts to carry out the public hearing here. Accept liability for equipment 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 included in the record. So 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 and petition number and your special request. I'll read each board member's name individually, and I want you to acknowledge that you're present when you're called upon. Roderick Bohan. Well, here's present. I can see everything here. Nelson, who's substituting from divisions uh two. Nelson present, I can see and hear everything. Ron Hampton, um, who's an alternate. Ron Hampton, present. I can hear and see. And is David Duncan with us yet? Yeah, David Duncan's here. I can hear and see everything. Um I did have probably a log in a long end, but it seems to be. Okay, great. Okay, thank you. And David. David's also an alternate, and then I'm Joanna Tad. Here. I will now ask the D I'll never ask the MDM DMD members to verbally. The D and D just verbally confirmed. I'm gonna ask the DMP and Office of Corporate. Thank you. I can see the person here. Robert Edelman Haig, senior planner. I can see everyone. Chairperson Cap, I can see it here. A person may file a written requirements to receive noticeable filing official review. Board members' name and ask them to vote yes or no. Board members, please respond with your last name and your vote. Now I'm gonna talk about withdrawals, continuances, and special requests. As I state, please please go to the QA function and state your name and address as well as the petition. So I'd like to ask our host, um Michael, if there are any call-in users present who need to be identified. Yes, we short beep when I your name uh the case you're here for and whether you wish to see a muted caller. Good afternoon. Hello. Uh yes, we can hear you. Oh, yeah. All right. Thank you very much.
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