OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metropolitan Board of Zoning Appeals Division 1 Meeting - December 9, 2021

Board of Zoning Appeals I — Thursday, December 9, 2021
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateThursday, December 9, 2021
StatusFILED
Video Record
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Transcript — Verbatim
0:00

I'm going to call this meeting to order.

0:03

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

0:07

I'm Joanna Taft, Chairperson of Division 1.

0:09

Other board members present today are Beth Brandon, Rodrick Bohanan, Percy Bland, who will be joining us about 20 minutes late.

0:18

Alisha Reuter, who is an alternate serving from Division 2.

0:23

Legal counsel for the board today is Chris Steinmetz.

0:27

Staff members present today from the Division of Planning are Eddie Honeya, Principal Planner 2, Keith Holdsworth, Senior Planner, Jeffrey York, Senior Planner, Robert Yulenhake, Senior Planner, Genesis Hill, Associate Planner, Heather Steffen, Senior Specialist and Secretary to the Board.

0:45

Matt Pleasant is the current planning administrator.

0:48

The board has copies of the zoning ordinances that would be incorporated by reference into the record of each case heard today.

0:54

The proceedings of this hearing are governed by the board's rules of procedure.

0:58

The expedited cases will be heard immediately after all requests for continuances or withdrawals.

1:03

As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand.

1:10

Those who intend to testify will please remain standing and be sworn.

1:15

Petitioners should be on your left and remonstrators on your right as you face the board.

1:19

Those who testify will state their name and address for the record before beginning to testify.

1:24

Petitioners and persons 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.

1:34

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.

1:45

Staff will then present the administrators' comments regarding the petition.

1:49

The petitioner will be allowed five minutes for rebuttal and a summation of the case.

1:53

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

1:57

Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement.

2:04

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

2:09

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.

2:18

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.

2:31

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.

2:42

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

2:47

The installation of landscaping screening, the paving of parking area, and the dedication of rights away are examples.

2:54

These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid.

3:01

Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion.

3:09

Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements.

3:16

Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services.

3:24

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.

3:31

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.

3:40

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

3:44

Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited.

3:53

All voting today will be done by roll call.

3:55

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

4:00

Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off.

4:08

Before we hear special requests, I would ask for I will ask for a waiver of our rules of procedure to allow the vote the board to vote on all expedited petitions and adopt their findings of fact in a single vote rather than voting on each petition separately.

4:23

So I need a motion.

4:25

Bohan move.

4:26

I need a second.

4:27

Brandon, second.

4:28

I'll now ask for a vote.

4:30

Bohanan.

4:31

Yes.

4:32

Brandon?

4:33

Yes.

4:33

Reuter?

4:34

Yes.

4:35

Taft, yes.

4:37

Is there anyone in the audience who has questions about our procedures?

4:41

If not, we will consider special requests and continuances at this time.

4:52

Good afternoon.

5:00

Here to request a first continuance on petition 2021 UV 1035, which is the uh second to last uh new petition on the agenda today uh regarding the 545 South Bridgeport.

5:12

Uh this would be uh petitioner's uh first request for continuance.

5:15

Uh the reason for the continuance is that the petitioner would like additional time to discuss the matter uh with the staff.

5:21

There's a petitioner has made a recent uh amendment to his request.

5:24

It's kind of wessens what he's originally requesting, and we would just request additional time to discuss with the staff.

5:30

Is there anyone in the audience who has an interest in 2021 UV 1035?

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████59%
Procedural███████████████████████████36%
Legal and Liability██3%
Community Engagement█1%
Public Safety█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division 1 Meeting - December 9, 2021

The Metropolitan Board of Zoning Appeals Division 1 met on December 9, 2021, at 20:00 UTC (3:00 PM local), chaired by Joanna Taft. Board members present included Beth Brandon, Rodrick Bohanan, and alternate Alisha Reuter. Percy Bland joined approximately 20 minutes late. Legal counsel was Chris Steinmetz. The meeting addressed numerous continuance requests, three expedited petitions, and one contested variance case. Several public comments were heard regarding continuances and the main variance case.

Public Comments & Testimony

  • Continuance Objections (UV1021 - 929 Sanders Street): Michelle Melton (932 Sanders) and Luke Hayward (1244 Ringold) opposed a fourth continuance, citing hardship from taking time off work and strong opposition to any commercial use in the area. Jeffrey Herbert (nearby resident) questioned the COVID excuse and opposed the continuance. Marcus Crouch (Greenwood) spoke on behalf of neighbors concerned about no-parking changes and requested new notice if the petition changed.
  • Continuance Objections (UV1030 - 545 South Bridgeport): Robert Baim and Tammy Etherton opposed a second continuance, stating they had already heard the petitioner's side and wanted a decision.
  • Continuance Support for Billboard Cases (UV1026, UV1027, UV1028): Marjorie Kinley (Historic Urban Neighborhoods of Indianapolis) and Eva Flick (City-County Council staff for Councilors Dan Boots and Zach Adamson) supported staff's requested continuances, noting that residents expected the continuance and needed time for review. Chris Dobb (President of Near Eastside Community Organization) supported the continuance for UV1027. A representative for Martindale Brightwood residents also supported the continuance, noting the petitioner had not responded to meeting requests.
  • Continuance Objections for Billboard Cases: Taylor Fontenot (representing petitioner GEFT Outdoor LLC) objected to continuances for UV1026, UV1027, and UV1028, arguing sufficient time had elapsed since filing (September 15, 2021), no changes had been made, and further delay harmed GEFT's business and rights.
  • Variance Case (UV1034 - Tree Service Business): Petitioner Lorena Leon stated her need to park four commercial vehicles (including wood chippers) for her tree service business, cited a theft loss of $25,000, and noted she had moved equipment after a city letter but the problem persisted. No remonstrators were present.

Discussion Items

  • Procedural Waiver: Chairperson Taft asked for and received a motion (Bohanan, second Brandon) to allow a single vote on all expedited petitions and adoption of findings of fact. Unanimously approved.
  • Continuance Requests:
    • UV1035 (545 South Bridgeport Road): Petitioner requested a first continuance to discuss amended request with staff. Staff supported. No objection from audience. Continued to January 2022 meeting.
    • UV1030 (location unspecified): Petitioner requested second continuance because the homeowner (who needed to speak) tested positive for COVID-19. Staff had no objection. Objections from audience noted, but board noted only four members present and granting continuances is common to avoid ties. Continued to January 2022 hearing.
    • DV1073 (751 East McCarty Street): Petitioner requested continuance because his father was ill and needed more time to work with staff. No objections. Continued to January 4, 2022, without additional notice.
    • UV1029 (3301 North Raceway Road): Petitioner requested continuance and transfer to BZA3 on January 18, 2022, to coordinate with town of Clermont board meeting. Staff supported. Granted.
    • UV1021 (929 Sanders Street): Petitioner requested continuance due to attorney being newly hired and petitioner having COVID-19. Staff noted that submitted amendments would require new notice. Public objected to continuance. Board voted to continue to January 4, 2022, with new notice depending on amendments.
    • DV1072 (location unspecified): Petitioner requested continuance and transfer to Division 2 on January 11, 2022, because client (Rick Sprague) was unavailable. Staff supported. Granted without additional notice.
    • DV1071 (9502 North Delaware Street): Cindy Thrasher requested transfer to expedited docket. Staff noted a neighborhood organization failed to file a proper continuance form, so no remonstrance existed. Approved, third expedited case.
    • UV1032 (5171 Evanston Avenue): Staff announced an automatic continuance by a registered neighborhood organization to January 4, 2022. Acknowledged.
    • UV1033 (location unspecified): Petitioner requested continuance to amend variance requests requiring new notice. No objections. Continued to January 4, 2022, with new notice.
    • UV1037 (30 West Adler Street): Staff announced an automatic continuance to January 4, 2022. Acknowledged.
    • UV1015 (2415 East Southport Road): Petitioner submitted a new site plan changing boundaries, requiring new notice. No audience objections. Continued to January 4, 2022.
    • DB1070 (7001 West 56th Street): Automatic continuance to January 4, 2022. Acknowledged.
    • UV1026 (1091 Kentucky Avenue): Staff requested continuance for thorough review and additional legal research due to complexity. Petitioner GEFT Outdoor LLC objected. Council staff supported continuance. Board voted to continue to January 4, 2022, without additional notice.
    • UV1027 (2131 North Sherman Drive): Similar staff request for continuance for legal research. GEFT Outdoor objected; council staff supported. Board continued to January 4, 2022, without additional notice.
    • UV1028 (3451 Developers Road): Again, staff requested continuance for legal research. Objections and support similar. Board continued to January 4, 2022, without additional notice.

Consent Calendar / Expedited Petitions

After all continuances, the board heard three uncontested expedited petitions in a single vote (motion and second as waived):

  1. UV1036 (725 South Girls School Road): Variance to allow ambulance maintenance/repair in I-2 zone.
  2. DV1051 (3014, 3018, 3039 Alice Avenue): Variance to create six single-family lots with reduced setbacks.
  3. DV1071 (9502 North Delaware Street): Variance to legally establish a single-family dwelling and detached garage with reduced setbacks. No audience opposition was expressed. The board voted unanimously (5 yes) to approve all three petitions and adopted findings of fact.

Key Outcomes & Decisions

  • Vote on Expedited Petitions: Unanimously granted.
  • Variance Case UV1034 (4035 East Stop 11 Road): The board heard testimony from petitioner Lorena Leon and staff recommendations against approval. Staff argued that the use was incompatible with surrounding residential zoning and comprehensive plan, and no hardship was demonstrated. The board voted: Bohanan (yes), Brandon (yes), Bland (no), Reuter (no), Taft (no). Result: 2 yes, 3 no. Petition denied. Continued for adoption of findings of fact.
  • Adoption of Revised Findings of Fact: For previously-heard petition UV1024 (from November hearing), findings of fact were adopted with signatures of board members Brandon, Bohanan, and Bland.
  • Meeting Adjourned after no additional business.

Meeting Transcript

I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I'm Joanna Taft, Chairperson of Division 1. Other board members present today are Beth Brandon, Rodrick Bohanan, Percy Bland, who will be joining us about 20 minutes late. Alisha Reuter, who is an alternate serving from Division 2. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie Honeya, Principal Planner 2, Keith Holdsworth, Senior Planner, Jeffrey York, Senior Planner, Robert Yulenhake, Senior Planner, Genesis Hill, Associate Planner, Heather Steffen, Senior Specialist and Secretary to the Board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinances that would 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 and 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 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 administrators' comments regarding the petition. The petitioner will 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 is 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 hear special requests, I would ask for I will ask for a waiver of our rules of procedure to allow the vote the board to vote on 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. Bohan move. I need a second. Brandon, second. I'll now ask for a vote. Bohanan. Yes. Brandon? Yes. Reuter? Yes.

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