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Record of Proceedings

Indianapolis BZA Division 1 Meeting - July 29, 2021

Board of Zoning Appeals IThursday, July 29, 2021
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateThursday, July 29, 2021
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

The Board of Zoning Appeals Division 1 hearing of January 5, 2021 will now come to order.

0:08

This is a public hearing of the Bachelor Board of Zoning Appeals, Division 1.

0:12

I'm Joanna Tapp, Chairperson of Division 1.

0:16

Executive orders issued by Governors, Governor Holcomb and Mayor Hogset regarding COVID-19 guidelines and restrictions.

0:24

Enable us to conduct today's meeting electronically.

0:28

The City of Indianapolis holds public meetings in high regard for public input.

0:34

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.

0:48

We ask that you remain patient throughout this time.

0:51

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.

1:07

So first we're going to verify electronic participation.

1:11

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.

1:25

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.

1:32

I'll individually read each board member's name.

1:35

Please acknowledge that you're present when you're called on.

1:38

Clint McKay.

1:40

McKay present.

1:42

Rodrigue Bohanan.

1:43

Well, I know President can't see in here.

1:46

And Joanna Taft, I can see and hear.

1:48

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.

1:57

Please acknowledge that you're present when you're called on.

2:03

Thank you.

2:04

I can see in here.

2:05

Larry Callaway, principal planners.

2:09

Thank you, Chairburden Taft.

2:11

I can see in here.

2:12

Eddie Honeya, Senior Planner, serving as presentations manager.

2:17

Thank you, Chairperson Taft.

2:19

I can see in here.

2:20

Robert Eulin Hake Planner.

2:23

Thank you, Chairperson Taft.

2:24

I can see it in here.

2:26

Marlene Iraheta, Senior Planner.

2:29

Thank you, Chairperson Taft.

2:31

I can see and hear everyone.

2:32

Alison Richardson, senior planner.

2:36

Thank you, I can see and hear everyone.

2:38

Genesis Hill, Associate Planner, and welcome today.

2:44

Thank you.

2:44

I can see in here.

2:46

Erica Hinshaw, Principal Planner 2, serving as host and QA manager.

2:51

Thank you.

2:52

I can see in here.

2:54

Michael Weigel, back up post.

2:57

Yes, I can see and hear everyone.

2:58

Thank you.

2:59

And hearing specialist Heather Stefan.

3:01

Can you please confirm that you can see and hear the other participants?

3:05

I can see and hear also.

3:07

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.

3:17

Okay.

3:32

Rebuttal must be limited to the subject matter of the initial presentations.

3:36

No further evidence, statements, or arguments will be heard unless it's at the discretion of the board.

3:40

Person may file a written request to receive notice of the filing of a petition for judicial review of a decision of the board.

3:48

The written request must be filed within five days of the board's decision and must include the person's full name and correct mailing address and a reference to the boards of the to the board's petition number.

3:58

Forms are available and may be obtained from the board secretary.

4:02

All voting today will be done by roll call.

4:05

I will individually read each board member's name and ask them to vote yes or no.

4:10

Board members, please respond with your last name and your vote.

4:15

Like McKay, yes.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████56%
Procedural██████████████████████27%
Community Engagement███████9%
Personnel Matters███4%
Fence Regulation██2%
Public Engagement1%
Public Safety1%
Summary of Proceedings

Indianapolis Board of Zoning Appeals Division 1 Meeting - July 29, 2021

[Note: The transcript states the hearing occurred on January 5, 2021; the date provided for summary is July 29, 2021. This discrepancy is noted.]

The Board of Zoning Appeals Division 1 convened with three members (Chair Joanna Taft, Clint McKay, Rodrigue Bohanen) due to reduced attendance. The meeting handled special requests for transfers and continuances, approved an expedited docket, and heard three variance petitions. Two petitions resulted in indecisive votes due to lack of a fourth board member, requiring future hearings.

Consent Calendar

  • Withdrawals and continuances acknowledged: 2020 UV1020, 2020 UV1013 withdrawn; 2020 UV1019 continued to February 2, 2021.
  • Expedited petitions (2020 DV1039, 2020 DV1079, 2020 UV1021, 2020 UV1022) approved in a single vote with no opposition.

Public Comments & Testimony

  • For the Evison Street petition (2020 DV1080), 14 supporters spoke, including Anna Stephens and Leslie Ropel, praising the Montgomery family and noting diverse housing styles in the neighborhood. Two remonstrators (Jeffrey Morgan and Paul D. Jack Robinson) opposed, citing safety concerns, incompatibility, and process issues.
  • For the fence petition (2020 DV1083), two supporters (Jerry Sanford and Brian Pecaris) confirmed dog attack dangers. No remonstrators.
  • No public comments listed for other cases.

Discussion Items

  • Special Requests:
    • 2020 DV1009 (Bob Evans Farms) transferred to BZA3 on January 19, 2021, due to indecisive vote potential (unanimous).
    • 2020 DV1076 transferred to BZA3 on January 19, 2021 (unanimous).
    • 2020 UV1018 (5660 Madison Ave) continued to February 2, 2021, as last continuance (unanimous).
    • 2020 UV1016 withdrawn and fees transferred to a new rezoning petition (unanimous).
  • Full Hearings:
    • 2020 DV1078 (1854 New Street): Petitioner Maureen Miller sought open space variance for a new home with garage and carriage house. Staff recommended denial, citing no practical difficulty and potential overdevelopment. Board voted 0-3 to deny.
    • 2020 DV1080 (1238 Evison Street): Petitioner Paul Munoz for Montgomery family sought variance for driveway and fence after a permit error. Staff recommended denial but suggested commitments. Board voted 2-1 (McKay and Bohanen yes, Taft no), resulting in indecisive. Continued to February 2, 2021.
    • 2020 DV1083 (2437 South McClure Street): Petitioner Richard Gray sought fence variance for safety from aggressive dogs. Staff proposed a compromise with a lower fence; Gray rejected. Board voted 2-1 (McKay and Bohanen yes, Taft no), indecisive. Continued to February 2, 2021.

Key Outcomes

  • Denied: 2020 DV1078 (open space variance) – 0-3 vote.
  • Indecisive (continued): 2020 DV1080 and 2020 DV1083 – both require a full board hearing on February 2, 2021.
  • Transfers: Two cases moved to BZA3 on January 19, 2021.
  • Continuances: 2020 UV1018 and 2020 UV1019 continued to February 2, 2021.
  • Withdrawals: 2020 UV1016, 2020 UV1020, 2020 UV1013 withdrawn.
  • Expedited petitions: All approved.
  • New staff: Welcomed Associate Planner Genesis Hill and Michael Weigel.

Meeting Transcript

The Board of Zoning Appeals Division 1 hearing of January 5, 2021 will now come to order. This is a public hearing of the Bachelor Board of Zoning Appeals, Division 1. I'm Joanna Tapp, Chairperson of Division 1. Executive orders issued by Governors, Governor Holcomb and Mayor Hogset 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. Rodrigue Bohanan. Well, I know President can't see in here. 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. Thank you. I can see in here. Larry Callaway, principal planners. Thank you, Chairburden Taft. I can see in here. Eddie Honeya, Senior Planner, serving as presentations manager. Thank you, Chairperson Taft. I can see in here. Robert Eulin Hake Planner. Thank you, Chairperson Taft. I can see it in here. Marlene Iraheta, 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, back up post. Yes, I can see and hear everyone. Thank you. And hearing specialist Heather Stefan. Can you please 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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