Metropolitan Board of Zoning Appeals Division 1 Public Hearing - April 5, 2022
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Metropolitan Board of Zoning Appeals Division 1 Public Hearing - April 5, 2022
This public hearing of the Metropolitan Board of Zoning Appeals, Division 1, was held on April 5, 2022, at 6:15 PM. Acting Chairperson Mark Young presided, with board members Clinton McKay, Eduardo Luna, Brian Hannon (alternate), and Reina Napoleon (alternate). Legal counsel Chris Steimetz and planning staff were present. The meeting addressed special requests, continuances, and several variance petitions, including expedited and contested cases.
Consent Calendar
- The board voted unanimously to approve a single vote on all expedited petitions: 2021 DV1074, 2022 DV1017, 2022 DV1007, 2022 DV1009, 2022 UV1006, and 2022 UV1008. These petitions were moved to the expedited docket and approved collectively.
Public Comments & Testimony
- 2021 DV3058B (1523 Marlowe Ave): Remonstrator David Rustin (16 North State Ave) expressed concern that the developer ignored a stop-work order and continued construction, setting a dangerous precedent. Scotty Wilson, president of the Holy Cross Neighborhood Association, urged denial, citing self-imposed hardship and the risk of rewarding non-compliance. Tenants Bailey and Abigail spoke in support of 2022 UV3004 (3326 Ruckle St), emphasizing the importance of maintaining their affordable housing.
- 2022 UV3004 (3326 Ruckle St): No remonstrators appeared. Letters of support from Midtown Indy and Councilor William Oliver were noted, highlighting the need for affordable housing.
- 2022 DV1002 (7736 Zionsville Rd): No public testimony in opposition; petitioner Frederick Lawrence presented the revised plan.
- 2022 DV1008 (9020 Rockville Rd): No remonstrators; support from Councilor Evans via letter.
- 2022 DV1014 (1206-1210 Madeira St): Pastor David Bacon spoke in support of affordable housing; Stephen Stone (1202 Madeira St) expressed desire to purchase the adjacent lot himself but did not oppose the variance.
Discussion Items
- 2021 DV3058B (1523 Marlowe Ave): Petitioner sought variances for a two-family dwelling with reduced setbacks, three stories, and encroachment into clear sight triangle. Staff recommended denial, arguing the issues were self-imposed (design for two-family required third story). The board approved 3-2 (McKay no, Napoleon no; Luna, Hannon, Young yes).
- 2022 UV3004 (3326 Ruckle St): Request to legalize a secondary dwelling unit (1,176 sq ft vs. 720 sq ft max) and waive owner-occupancy requirement. Staff recommended denial, citing overintensification and non-compliance with density. The petitioner argued the unit existed before purchase and provides affordable housing. Board approved 5-0.
- 2022 DV1002 (7736 Zionsville Rd): Petitioner sought variances for unscreened roof equipment and a 10-foot fence with barbed wire. Staff supported the roof equipment variance but opposed barbed wire, citing lack of practical difficulty. Board split the vote: Part A (roof equipment) approved 5-0; Part B (barbed wire) approved 3-2 (Napoleon no, Young no? Actually transcription shows Napoleon no, Young yes; but votes: McKay aye, Luna yes, Hannon yes, Napoleon no, Young yes — so 3 yes? Wait: McKay aye, Luna yes, Hannon yes, Napoleon no, Young yes = 4 yes? Let's recount: transcript says:
Meeting Transcript
Call to order. This is a public hearing of the Metropolitan Board of Zonal and Appeals, Division 1. I am Mark Young, Acting Chairperson of Division One. The other board members present are Clinton McKay, Eduardo Luna, Brian Hannon, alternate from Division Three, and Reina Napoleon alternate. I think legal counsel for the board today is Chris Steimetz. Staff members present today from the division of planning or Edward Jornita, Principal Planner 2. Jeffrey York, senior planner, Robert Ulanhake, Senior Planner, Marlena Aretta, Senior Planner, Genesis Hill Associate Planner, and Heather Steffen, Senior Specialist and Secretary to the Board. Matt Pleasant is 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 expedite case 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 should have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in support of the petition. Remosters 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 administrative 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. Reminders 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 that discretion, 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. Petitioners have failed to comply with all notice requirements as stipulated by the board's rules and procedures, including posting of the notice sign on the subject property, at least 23 days prior to the hearing. The board may continue the petition. Anyone at this hearing who thinks completing proper notice has not been given and would like the petition continued to lack 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 landscape and the screening, the paving of parking area, and the dedication of rights of way are examples. These conditions and commitments are an integral part of the board's decision and must be met for a grant 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 various grant is a violation enforceable by the Department of Business and Neighborhood Services. A person may file a written request to have sorry, 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, may be obtained from the board secretary. Please be advised that contact the members of the board regarding the matter opinion before the board outside of this public hearing process is prohibited. 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 that 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 on all expedited petitions and adopt their findings of fact in a single vote rather than voting on each petition separately. Is there a motion? Is there a second? Thank you. I will now ask for a vote. McKay. Aye. Luna. Yes. Hannon. Yes.
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