Board of Zoning Appeals Division 1 Hearing - July 22, 2021
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Board of Zoning Appeals Division 1 Hearing - July 22, 2021
Note on date discrepancy: The raw transcript states the meeting date as January 5, 2021, but the provided date for this summary is July 22, 2021. All references to future dates (e.g., continuances to January 19, 2021) are taken directly from the transcript and may reflect the original meeting date rather than the date given here.
The Metropolitan Board of Zoning Appeals, Division 1, convened electronically under COVID-19 guidelines. Chairperson Joanna Taft presided with board members Clint McKay and Roderick Bohanan (three members total). Many petitions required transfers or continuances because the three-member board risked indecisive votes. The meeting included special requests, an expedited docket, and three full hearings.
Special Requests, Continuances, and Transfers
- 2020 DV1-009 (Bob Evans Farms): Requested transfer to BZA3 on January 19, 2021, to avoid another indecisive vote. Remonstrator Mark Menko did not object. Staff supported. Motion carried unanimously.
- 2020 DV1076: Transferred to BZA3 on January 19, 2021, with no remonstrators. Staff supported. Motion carried unanimously.
- 2020 UV1018 (5660 Madison Adam Avenue): Continued to February 2, 2021, for further work with staff and neighbors. Remonstrator Greg Kitzmiller did not object. Staff supported as last continuance. Motion carried unanimously.
- 2020 UV1016: Withdrawn by petitioner Nick Burrow, with fees transferred to a future rezoning petition. Motion carried unanimously.
- 2020 UV1-020 (1854 New Street): Withdrawn at staff request (amended and redocketed as 2020 DV1078). Acknowledged by board.
- 2020 UV1013 (359 North Lynnhurst Drive): Withdrawn by petitioner. Acknowledged.
- 2020 UV1019 (2026 East 10th Street): Continued to February 2, 2021, to allow amendment to rezoning. Staff supported as final continuance. Motion carried unanimously.
- 2020 DV1077: Automatic continuance by registered neighborhood organization acknowledged.
Expedited Docket
- Petitions: 2020 DV1039, 2020 DV1079, 2020 UV1021, 2020 UV1022. All petitioners agreed to staff findings. A single vote approved all after a late-arriving caller (Stan) on 2020 DV1079 confirmed no opposition. Motion passed unanimously.
Public Comments & Testimony
- 2020 DV1078 (Maureen Miller): No remonstrators. Petitioner argued the variance (56% open space vs. 60% required) was modest and supported by neighborhood. Staff opposed, citing overdevelopment and self-imposed hardship.
- 2020 DV1080 (1238 Evison Street): 14 supporters voiced support via QA, including Anna Stephens and Leslie Ropel, who praised the Montgomery family and noted other homes with front driveways. Two remonstrators, Jeffrey Morgan and Paul D. Jack Robinson, opposed the driveway turnaround and fence, citing safety, neighborhood character, and the builder's failure to obtain proper permits. A city-county councilor (Frank Muscari) submitted a letter of support. Staff recommended denial.
- 2020 DV1083 (2437 South McClure Street): Petitioner Richard Gray, supported by neighbors Jerry Sanford and realtor Brian Bacars, described two dog attacks and argued the 6-foot front fence was necessary for safety. No remonstrators. Staff recommended a compromise (4-foot fence with partial 6-foot) but petitioner insisted on full variance.
Discussion Items
- 2020 DV1078: Petitioner Maureen Miller sought a variance to allow 56% open space (60% required) for a new single-family dwelling with garage and carriage house. She cited neighborhood support and comparable approved variances. Staff argued the lot size exceeds minimums, so no practical difficulty exists, and the proposed overdevelopment would harm adjacent properties and set a precedent. Board asked no questions.
- 2020 DV1080: Petitioner (represented by counsel) sought variances for a driveway turnaround and fence after a city-issued permit was revoked. The revised plan removes the Orange Street curb cut and uses alley access. Remonstrators raised visibility and aesthetic concerns. Staff recommended denial but offered commitments (fence height ≤3.5 ft, fence location). Petitioner accepted commitments.
- 2020 DV1083: Petitioner argued the full 6-foot fence is essential to prevent dog attacks. Staff recommended partial reduction to 4 feet for 11 feet along the front property line, with shrubs as screening. Petitioner rejected compromise, stating any reduction would allow dogs to jump over.
Key Outcomes
- 2020 DV1078: Denied (0-3 vote). Findings to be adopted later.
- 2020 DV1080: Indecisive vote (2-1 in favor; McKay yes, Bohanan yes, Taft no). Automatically continued to February 2, 2021, hearing.
- 2020 DV1083: Indecisive vote (2-1 in favor; McKay yes, Bohanan yes, Taft no). Automatically continued to February 2, 2021, hearing.
- Expedited petitions: Approved.
- All transfers and continuances: Granted as above.
- New staff: Genesis Hill (associate planner) and Michael Weigel (host/QA) were welcomed.
Meeting Transcript
The Board of Zonia Appeals Division One hearing of January 5, 2021 will now come to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I'm Joanna Taft, Chairperson of Division One. Executive orders issued by Governors, Governor Holcomb and Mayor Hogsett regarding COVID 19 guidelines and restrictions. Enable us to conduct today's meeting electronically. The City of Indianapolis holds public meetings in high regard for public input. We will use reasonable efforts to carry out this 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 at public comments at indie.gov on the or the planner assigned to the case 24 hours prior to the meeting to ensure your comments are included in the record. So first we're going to verify electronic participation. So 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. And while you're doing that, I'm going to ask the board members to verbally confirm that they can see and hear the other participants. I'll individually read each board member's name. Please acknowledge that you're present when you're called on. Clint McKay. McKay present. Roderick Bohanan. And Joanna Taft, I can see and hear. I will now ask the DMD and Office of Corporation Council staff member staff to verbally confirm that they can see and hear the other participants. Please acknowledge that you're present when you're called on. Legal counsel for the board, Chris Steinmetz. Thank you. I can see in here. Larry Callaway, principal planners. Thank you, Chairman Taft. I can see in here. Eddie Honeya, Senior Planner, serving as presentations manager. Thank you, Chairperson Taft. I can see and hear. Robert Eulen Hayes planner. Thank you, Chairperson Taft. I can see in here. Marlene Irajeta, Senior Planner. Thank you, Chairperson Taft. I can see and hear everyone. Alison Richardson, senior planner. Thank you. I can see and hear everyone. Genesis Hill, Associate Planner, and welcome today. Thank you. I can see in here. Erica Hinshaw, Principal Planner 2, serving as host and QA manager. Thank you. I can see in here. Michael Weigel, backed up post. Yes, I can see and hear everyone. Thank you. And hearing specialist Heather Steffen. Can you please concern confirm that you can see and hear the other participants? I can see and hear also we have our administrator Matt Pleasant with us today, and I think he's going to have a special request when we get to that point.
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