Metropolitan Board of Zoning Appeals Division 1 Public Hearing - November 2, 2021
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Metropolitan Board of Zoning Appeals Division 1 Public Hearing - November 2, 2021
The Metropolitan Board of Zoning Appeals Division 1 held a public hearing on November 2, 2021, at 6:00 PM. Chairperson Joanna Taft presided, with board members Beth Brandon, Roderick Bohanan, Percy Bland, and Clint McKay. The meeting addressed continuances, withdrawals, an expedited docket, and three non-expedited variance petitions. Staff recommended denial of two non-expedited petitions, but the board approved one and continued another.
Consent Calendar
- Expedited Docket (4 petitions): The board voted unanimously to approve all four expedited variance petitions (2021 DV1065, DV1066, DV1067, and DV2036) in a single vote after no opposition was voiced. These included variances for a detached garage, porch addition, hot tub/patio, and detached garage with porch addition, each with specific dimensional variances.
Procedural Actions
- Fee Waiver: The board granted a fee waiver to $0 (from a $50 minimum) for the Office of Public Health and Safety to establish a temporary homeless shelter at 2107 North Riley Avenue. The vote was unanimous.
- Continuances and Withdrawals: Multiple petitions were continued or withdrawn by request or automatically due to neighborhood organization filings. Key continuances included 2021 UV1021 (to December 7), 2021 DV2056 (transferred to November 16 hearing), 2021 DV1051 (to December 7 with additional notice), and automatic continuances for 2021 UV1026, 1027, 1028, and 1029 to December 7. Withdrawals were acknowledged for 2021 DB1049 and 2021 DV1068.
Discussion Items
- 2021 UV1024 – 8356 Lafayette Road (Auto Sales Variance): Petitioner Carmen Tude sought a variance of use for classic car sales and restoration in a C4 zone. The Pike Township Residents Association (PTRA) negotiated commitments, including limiting cars for sale to 10 and restoration vehicles to 10, landscape improvements, and closing a south entrance. Staff recommended denial, citing incompatibility with the comprehensive plan, lack of sewer/water, gravel parking, and potential for more intense use. The board voted 4-1 (Taft dissenting) to approve with PTRA’s commitments, subject to staff approval of an updated plan of operation and site plan.
- 2021 UV1030 – 4628 East Edgewood Avenue (Concrete Contractor Variance): Petitioner Epifanio Carbajal requested a variance to legally establish a concrete contractor business with outdoor storage of trucks, trailers, and machinery. The property is in an agricultural zone but used for parking equipment. Remonstrators from nearby neighborhoods expressed concerns over traffic, noise, dust, environmental impacts, and lack of growth limits. A remonstrator requested a continuance for further study. The board granted a continuance to December 7, 2021.
- 2021 UV1031 – 1919 Broad Ripple Avenue (Professional Office Variance): Petitioner Russell Brown, representing My Broad Ripple Inc., sought a variance to use a former residential property for a law office. The Broad Ripple Village Association supported the variance. Staff recommended denial, urging rezoning to C1 instead of using a variance. The board voted 5-0 to approve the variance, subject to the plan of operation limiting the office to five employees.
Key Outcomes
- Approved: 2021 UV1024 (auto sales) with conditions (4-1); 2021 UV1031 (professional office) unanimously.
- Continued: 2021 UV1030 (concrete contractor) to December 7, 2021.
- Expedited petitions: All four approved unanimously.
- Fee waiver: Granted for temporary homeless shelter.
- Findings of fact: Adopted from previous hearings (July 6 and August 3, 2021) and from the current date.
The meeting adjourned after the board completed its business.
Meeting Transcript
I'm going to call this meeting to order. This is a public hearing of the Board of Metropolitan Metropolitan Board of Zoning Appeals Division 1. I'm Joanna Taft, Chairperson of Division 1. Other board members present today are Beth Brandon to my left. Roderick Rohannon behind me, Percy Bland and Clint McKay. If I could ask you all to be quiet, this is a public hearing. If you need to speak, you can go out into the hallway, continue. Legal counsel for the board today is Chris Steinmetz. Staff members present from the Division of Planning are Matt Pleasant, current planning administrator, Jeffrey York, Senior Planner, Robert Ulenhaik, Senior Planner, Eddie Henea, Senior Planner, Marlene Irahetta, Sierra Planner, Senior Planner, Genesis Hill, Associate Planner, Heather Stephens, Senior Specialist and Secretary to the Board. The board has copies of the zoning ordinances that will be incorporated by reference 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, 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 the testify. Petitioners and persons in appearing 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 administrator's 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 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 of parking area, and the dedication of rights away are examples. These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid. Compliance with conditions imposed by the board must be approved 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 the 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 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 have special requests, I would ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings in fact in a single vote rather than voting individually on each petition separately. So I need a motion. Bohanna, so move. I need a second. McKay, second. I'll now ask for a vote. McKay. Aye. O'Hannon. O'Hannon, I. Brandon.
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