Board of Zoning Appeals Division 1 Meeting - April 6, 2021

This was a virtual public hearing of the Indianapolis Board of Zoning Appeals Division 1, held on April 6, 2021, due to COVID-19 guidelines. Chairperson Joanna Taff led the meeting, which included routine continuances, approval of an expedited docket, and four full hearings on variance requests. The meeting adjourned at 3:59 PM. It was noted that this was the last virtual hearing; the next hearing on May 4, 2021, will be held in person.

Consent Calendar

• Continuances granted: 2020-DV1-082 (to May 4, 2021), 2021-DV1-013 (to June 1, 2021), 2021-DV1-015 (to May 4, 2021), 2021-UV1-008 (to May 4, 2021).
• Expedited petitions approved: 2021-DV1009, 2021-DV1010, 2021-DV1011, 2021-DV1012, 2021-DV1016. All were approved in a single vote (5-0) after no opposition was raised.

Public Comments & Testimony

Public testimony was heard for each full hearing case as part of the discussion. Details are provided under each case below.

Discussion Items

2021-DV1004: 445 Springmill Lane – Variance for side setback and lot subdivision

• Petitioner: Todd Tetro requested a variance to reduce the side setback from 7 feet to 3.5 feet and to subdivide the lot into two lots. He stated he would remove a non-original garage and restore the original garage, and preserve a heritage cottonwood tree.
• Remonstrators: Four neighbors (Steve Alspaugh, John Pryweller, Mark Fisk, Caroline Gedd) spoke in opposition. They presented evidence that 37 of 38 homes on the street (97%) signed a petition against the variance. They cited drainage issues, a heritage cottonwood tree, and argued that the lot had always been considered unbuildable. Mark Fisk, a professional engineer, detailed flooding problems and soil permeability issues.
• Staff recommendation: Approval with two commitments: (1) revised site plan showing tree preservation, and (2) if a rear garage is built, access must be via an easement to the east. Staff noted the tree is a combination of three or four trees and is on the adjacent vacant lot.
• Outcome: Approved 4-1 (McKay, Bohannan, Brandon, Taft in favor; Hampton opposed) with the two commitments.

2021-DV1007 (amended): 230 Kansas Street – Variance for two-family dwelling and detached garage on substandard lot

• Petitioner: Mark Crouch, representing 317 Homes LLC, requested a use variance for a duplex on a 40-foot-wide, 5,840 sq ft lot (minimum 70 ft wide and 7,200 sq ft). Also requested variances for reduced building separation (7 ft vs. 10 ft) and open space (55% vs. 60%). He argued the duplex would be owner-occupied and help the neighborhood revitalize.
• Remonstrator: Letty Walton, neighbor at 234 Kansas Street, expressed concerns about building separation, fire safety, and garbage pickup. She wanted to maintain the required 10-foot separation.
• Staff recommendation: Denial, stating the lot could accommodate a single-family dwelling with an accessory dwelling unit without variances, and the proposed development would be overbuilt and detrimental.
• Old Southside Neighborhood Association: Supported the request with seven commitments (including landscaping, trash enclosure, and prohibition of Airbnbs). Petitioner agreed to these commitments.
• Outcome: Approved 5-0 with the commitments from the neighborhood association.

2021-UV1005: 437 North Euclid Avenue – Variance of use for transitional living quarters (sober living)

• Petitioner: Mark Crouch and Yay Uni (owner/operator) requested a use variance to operate a sober living home for up to eight men. They described strict house rules, a 10 PM curfew, and a successful similar operation at 2331 North Pennsylvania. Residents Anthony Fagley and Matt Pazzarelli testified about the positive impact. Keith Bevan, a 20-year recovery professional, stated the house would seek state certification.
• Remonstrator: Ben Morgan, a neighbor two doors down and owner of the adjacent duplex, argued the facility would decrease property values and tenant interest. He also alleged unpermitted construction changes to the property, which the petitioner denied.
• Staff recommendation: Approval with commitments: maximum of eight residents and adherence to the submitted plan of operation. Staff noted that eight unrelated persons would be allowed under the duplex definition, so the request was reasonable.
• Outcome: Approved 5-0 with the two commitments.

2021-DV1014: 1750 Olus Drive – Variance for 9-foot-tall fence

• Petitioner: Marley Johnson requested a 9-foot-tall fence (instead of the permitted 6 feet) on the rear and side yards. He cited the need to contain livestock guardian dogs, block deer, reduce noise and light from Walmart, and provide privacy. He submitted a petition signed by all adjoining neighbors.
• Remonstrator: Stuart Moyer initially called in but later stated he supported the request after working with the petitioner.
• Staff recommendation: Split – approval for the rear fence (abutting Walmart/commercial area) due to practical difficulty, but denial for the side fences because tall fences create an industrial appearance and are not appropriate in a residential area. Staff noted that a 10-foot fence would be allowed in a C4 zoning, but the adjacent property is zoned CS.
• Outcome:
  • Ballot A (rear fence): Approved 5-0.
  • Ballot B (side fences): Denied 3-2 (McKay, Brandon, Taft voted no; Bohannan, Hampton voted yes). The side fence variance was denied.

Key Outcomes

• All continuances were granted as requested.
• Five expedited petitions were approved in a single vote.
• 2021-DV1004 approved 4-1 with two commitments.
• 2021-DV1007 approved 5-0 with neighborhood association commitments.
• 2021-UV1005 approved 5-0 with commitments on maximum residents and plan of operation.
• 2021-DV1014 rear fence approved 5-0; side fence denied 3-2.
• The board also adopted findings of fact for a 2016 administrative appeal (2016-AP1001) by a 5-0 vote.