Indianapolis Board of Zoning Appeals Meeting - January 4, 2022
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Indianapolis Board of Zoning Appeals Meeting - January 4, 2022
This meeting of the Indianapolis Board of Zoning Appeals (Division 1) was held on January 4, 2022, at 6:15 PM. The board heard multiple petitions for variances of use and development standards, including several high-profile cases involving a historic building in Southport, digital billboards inside I-465, and a concrete contractor business. The meeting included special requests, continuances, and expedited approvals. Staff reports, public testimony, and board deliberations guided decisions on each case.
Consent Calendar
- Special Request – Waiver of Notice (2021 UV1-033, 2726 Madison Ave): Wheeler Mission received a four-day waiver of legal notice posting because staff error. Approved unanimously.
- Special Request – Move to Expedited Docket (2021 DV1070, 7001 W 56th St): Indianapolis Colts petition moved to expedited; no opposition. Approved unanimously.
- Special Request – Move to Expedited Docket (2021 DV1073, 751 E McCarty St): Petition moved to expedited; staff supportive. Approved unanimously.
- Expedited Petitions: Three petitions (2021 DV1075, DV1070, DV1073) were approved in a single vote with no opposition. All variances granted.
- Continuances: Several petitions were continued to the February 1, 2022 hearing: 2021 UV1037 (30 W Adler St) with additional notice; 2021 UV1032 (5170 Evanston Ave) for cause with additional notice; 2021 DV1074 (48 W 65th St) without additional notice. Also, 2021 UV1035 (545 W Bridgeport Rd) was withdrawn and acknowledged; 2021 DV1076 (5307 Broadway St) was automatically continued by a neighborhood organization.
Public Comments & Testimony
- 2021 UV1015 (2415 E Southport Rd / 4 Church St, Southport): Petitioner David Rutherford (attorney) presented a case for a dental office and multifamily uses in the historic Odd Fellows Lodge. He argued the D3 zoning was a mistake, and the proposed addition would preserve the building. 62 letters of support were submitted. Opponents included the Southport Redevelopment Commission (speaking through Mary Lynn Winslow), neighbors Jeff Boat and Lisa Stanley, Scott Eisminger, and Mayor Jim Cooney. They argued commercial use would harm the residential character, cause traffic and safety issues, and that the building could be used for residential only. The Redevelopment Commission, City Council, and Mayor all unanimously opposed commercial use.
- 2021 UV1026-1028 (Digital billboard petitions, GEFT Outdoor): Remonstrators included neighborhood leaders (J Napoleon, Valley Neighborhood Association; Pat Andrews, MCANA; Councillor Kristen Jones; and others). They argued the billboards would violate the 2019 sign ordinance, be a safety hazard, set a bad precedent, and harm future development. Six city-county councillors submitted letters of opposition.
- 2021 UV1030 (4628 E Edgewood Ave, CL Concrete): Remonstrators Paul Morris, Tammy Otherton, and others cited noise, traffic, road deterioration, and incompatibility with residential character. They submitted 25 signed petitions and letters from the district councillor.
- 2021 UV1033 (2726 Madison Ave, Wheeler Mission): Only petitioner and staff spoke; no remonstrators appeared. Petitioner argued that required landscaping and sidewalks would cause drainage issues and increase costs.
Discussion Items
- 2021 UV1015 – Southport Oddfellows Lodge: Board members questioned the petitioner about the building's history and the feasibility of residential-only use. Chairperson Young noted the board would not base a decision on personal disagreements. After deliberation, the board approved the variance of use (for dental office and multifamily) and development standards (for reduced setbacks from a 10-foot strip) by a vote of 3-2 (Nelson, Taft, Bohannon yes; Luna, Young no).
- 2021 UV1026, 1027, 1028 – GEFT Outdoor Digital Billboards: Each petition sought numerous variances to allow a 70-ft tall, 14x48 ft digital billboard inside I-465, with reduced setbacks and shorter display times. Staff recommended denial, citing failure to meet practical difficulties criteria, self-created injury, and public safety concerns. Board members asked about traffic studies and potential impact. Each petition was denied unanimously (0-5, except 0-4 for UV1028 when one member left).
- 2021 UV1030 – CL Concrete Contractor Business: Petitioner described a small family-run business with four trucks stored on a 10-acre residence. Staff recommended denial, citing incompatibility with the DA district and suburban neighborhood plan. Board members questioned the number of trucks and potential expansion. After rebuttal, the petition was denied 1-3 (Nelson yes; Taft, Bohannon, Young no).
- 2021 UV1033 – Wheeler Mission Collection Center: Staff recommended approval of the use variance but denial of development standards variances (landscaping, sidewalks, transparency). Petitioner argued that required improvements would cause drainage problems and vandalism. Board questioned the possibility of container landscaping and building relocation. The board voted separately: use variance approved 4-0; development standards variances approved 3-1 (Taft dissenting).
Key Outcomes
- 2021 UV1015 (Southport Odd Fellows Lodge): Variance granted (3-2). The use variance allows a dental office and multifamily units; development standards variances for setbacks were also approved.
- 2021 UV1026 (1091 Kentucky Ave, digital billboard): Denied (0-5).
- 2021 UV1027 (2131 N Sherman Dr, digital billboard): Denied (0-5).
- 2021 UV1028 (3451 Developers Rd, digital billboard): Denied (0-4 after one board member left).
- 2021 UV1030 (4628 E Edgewood Ave, concrete contractor): Denied (1-3).
- 2021 UV1033 (2726 Madison Ave, Wheeler Mission): Use variance approved (4-0); development standards variances approved (3-1). Both parts will be continued for adoption of findings of fact.
- Adoption of Findings of Fact: The board adopted findings from previous hearings as needed for petitions 2020 UV1018, 2021 UV1006, 2021 UV1034, and the current 2021 UV1015.
Meeting Transcript
The other board members present are Peter Nelson, Eduardo Luna. Welcome. Joanna Taft, alternate from Division III, and Roderick Bohan and alternate from Division Three. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the division of planning, or Eddie Honia, Principal Planner 2. Keith Holdsworth, Senior Planner, Jeffrey York, Senior Planner, Robert Unhake, Senior Planner, Marlena Erretta, Senior Planner, Genesis Hill Associate Planner, and Heather Stefan, Senior Specialist and Secretary to the Board. Matt Pleasant is the current planning administrator. 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 heard 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 the left and remonstrators on your right as you face the board. Those who testify will say their name and address for the record before beginning to testify. Petitioners and persons appearing in support of a 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 petitioners' 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 matters covered in the statutory requirements, which must be met north of the board to grant a variance. If petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedures, including posting of the notice signed on the subject property at least 23 days prior to the meeting 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 and screening, the pavement and parking area, and the dedication of rights of way or examples. These conditions and commitments are an integral part of the board's decision and must be granted for a 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 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 re 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 a waiver 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. Is there a motion? Nelson, so moved. Thank you. I will now ask for a vote. Nelson. Nelson, yes. Taft. Bohannon. Bohannon, yes. Luna? Uh young vote, yes, also. Is there anyone in the audience that has any questions about our procedures?
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