Metropolitan Board of Zoning Appeals Division One Public Hearing - October 5, 2021
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Metropolitan Board of Zoning Appeals Division One Public Hearing - October 5, 2021
The Metropolitan Board of Zoning Appeals Division One, chaired by Joanna Taft, held a public hearing on October 5, 2021, with four members present. The board heard continuances, special requests, expedited petitions, and three contested cases. Key decisions included the denial of a self-storage facility variance, a tied vote continuing a dog daycare expansion, and approval of a secondary dwelling unit for a veteran.
Consent Calendar
- The board voted 4-0 to waive rules of procedure, allowing a single vote on all expedited petitions.
- Continuances granted:
- 2021 DV1051 (3019 Roosevelt Ave) continued to November 2, 2021, without notice; staff indicated this would be the last continuance supported.
- 2021 UV1025 transferred to BZA3 October 19, 2021, without notice.
- 2021 UV1015 (929 Standard St) continued to December 7, 2021, with notice.
- Automatic continuances acknowledged:
- 2021 UV1024 (8356 Lafayette Rd) – timely automatic continuance to November 2, 2021.
- 2021 UV1021 (929 Standard St) – automatic continuance to November 2, 2021.
- Off-docket petition 2021 HOV032 (1230 Pleasant St) continued to a future date.
Public Comments & Testimony
- 2021 DV3040 (self-storage facility): Remonstrators Vernon Compton (Brightwood Concerned Citizen), Paula Brooks (Hoosier Environmental Council), and Jacqueline McMillan Gunn (Martindale Brightwood Co-compliance and Land Use) opposed the variance. They argued insufficient parking (only 5 spaces available for customers after employees), lack of ADA ramp at Roosevelt entry, dangerous traffic, underground storage tanks, and environmental justice concerns for an overburdened neighborhood.
- 2021 DV1049 (Uptown PUP expansion): Remonstrators Daniel Burke (attorney for 54th Street LLC), Hugh and Harry Kenurk (owners of adjacent property), Emily Conerk (tenant), and David Clapper (owner of neighboring shopping center) opposed the expansion. They cited excessive noise from barking dogs disrupting tenant businesses, inadequate parking leading to spillover and liability, and stormwater drainage issues from recent paving.
- 2021 UV1022 (secondary dwelling): No remonstrators spoke. Petitioner Mark Crouch presented the case for the veteran owner, emphasizing the need for convalescent care and the owner's desire to avoid additional costs of lot splitting.
Discussion Items
- 2021 DV3040 (3019 Roosevelt Ave, self-storage): Petitioner Russell Brown (Clark Quinn law firm) represented Inland Real Estate Acquisitions/Devon Self-Storage. The request was to reduce parking from 26 required to 9 spaces (plus 2 loading) for an 800-unit self-storage facility in an existing I-3 warehouse. Brown argued that based on operator experience, a fully leased facility averages 10 customer visits per day, and that the site plan includes street trees, bike parking, and at-grade entry. Staff recommended approval, citing the permitted use and periodic customer visits. The board voted 4-0 to deny.
- 2021 DV1049 (Uptown PUP expansion): Petitioners Kathleen Shonsek and Amanda Stetzel (owners) and attorney Joe Calderon sought to expand an existing dog daycare/boarding facility. They proposed demolishing a rear building, connecting it to the front, and adding a covered outdoor play area. They argued the expansion would improve safety, reduce noise via soundproofing, and add jobs. Staff recommended approval with three commitments: (1) submitted site plan, (2) proposed soundproofing improvements (noting an 8-foot fence would require a separate variance), and (3) a plan of operation limiting outdoor dogs to 5 at a time and hours 7am–8pm with a quiet period 1–3pm. The board voted 2-2 (Bohannan and Brandon yes, Bland and Taft no), resulting in an automatic continuance to November 2, 2021, without additional notice.
- 2021 UV1022 (8630 E 38th St, two dwellings): Petitioner Mark Crouch requested a variance of use and development standards to legalize an existing second dwelling unit and allow expansion for a veteran needing care. Staff recommended denial, stating the property could be used as a single-family residence or the lot could be split. Crouch argued that splitting would impose additional costs and that the property had been used as two dwellings for decades. The board voted 3-1 (Bohannan, Brandon, Bland yes; Taft no) to approve the variance, with the understanding that the open space variance was unnecessary since the actual open space exceeded 85%.
Key Outcomes
- 2021 DV3040: Denied by a vote of 4-0. Findings of fact to be adopted in a future hearing.
- 2021 DV1049: Tied vote 2-2, automatically continued to November 2, 2021, hearing without additional notice.
- 2021 UV1022: Approved by a vote of 3-1. Variance granted for two single-family dwellings on one lot; open space variance not required.
- 2021 AP1001 (fee waiver): Approved by a vote of 3-1 (Taft dissenting), waiving the $50 filing fee for the waiver petition.
- Findings of fact: The board secretary noted that findings for previously approved cases (including 2021 UV1013) could not be adopted due to missing signature of member McKay, not present.
Meeting Transcript
How do you want to vote? Yeah, we can if you want to reverse it. Yes. I can develop the proposal if you don't want to be along with the question. I can do asking the statement. No, honestly. Hello, I would have call this. I'm gonna call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division One. I'm Joanna Taft, Chairperson of Division One. Other board members present. To my left is Beth Brandon. Behind me is Rodrigue Bohannan, and we're welcoming Percy Bland, new board member today. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Keith Holdsworth, senior planner, Jeffrey York, senior planner, Robert Ulenhaik, senior planner, Eddie Honeya, senior planner, Marlene Irehetta, senior planner, Genesis Hill, associate planner, Heather Stephens, Senior Specialist, and Secretary to the Board. The board is copies of the zoning ordinances that will be incorporated by reference into each record into the record of each case heard today. The proceedings of this hearing are governed by the board's rules of procedure. The expedited cases will be heard immediately after all requests for continuances or withdrawals. As each non-expedited case is called, petitioners or remonstrators interested in that particular case will please stand. Those who intend to testify will please remain standing and be sworn. Petitioners should be on your left and remonstrators on your right as you face the board. Those who testify will state their name and address for the record before beginning to testify. Petitioners and persons in appearing of support in support of the case being heard shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in support of the petition. Remonstrators and persons appearing in opposition to the petition shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present the administrators' comments regarding the petition. The petitioner will then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement. No further evidence, statements, or arguments will be heard unless it's at the discretion of the board. Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance. If the petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice signed on the subject property at least three 23 days prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due to lack of proper notice must bring this matter to the board's attention at the beginning of the hearing. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping screening, the paving and parking area, and the dedication of rights away are examples. These conditions and commitments are an integral part of the board's decision that must be met in order for a great granted variance to be valid. Compliance with conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of a filing of a petition for judicial review of a decision of the board. The written request must be filed within five days of the board's decision and must include the person's full name and a correct mailing address and a reference to the board's petition number. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. All voting today will be done by roll call. I will individually read each board member's name and ask them to vote yes or no. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Before we hear special requests, I will ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact in a single vote rather than voting on each petition separately. So I need a motion. So move. I need a second. Second.
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