Indianapolis Metropolitan Board of Zoning Appeals Division 1 Hearing - May 10, 2022
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Indianapolis Metropolitan Board of Zoning Appeals Division 1 Hearing - May 10, 2022
The Metropolitan Board of Zoning Appeals Division 1 met on May 10, 2022, at 18:15 UTC, with Chairperson Mark Young presiding and members Clinton McKay, Peter Nelson, Matt Boone, and Patrice Ducket Brown present. The board addressed numerous continuances, approved a slate of expedited petitions, and conducted a contested hearing on a fence and shed variance.
Consent Calendar
- 2022 DV1015 (1701 Hoy Ave): Variance to allow a single-family dwelling and detached garage/carriage house with a 5-foot corner side setback (8 feet required), a 2-foot rear setback (5 feet required), and a structure within the clear side triangle. Approved.
- 2022 DV1020 (8197 Clearwater Point): Variance for a 2,291-square-foot addition with a 12-foot south side setback and a pool with a 10-foot south side setback (15 feet required), resulting in 78% lot open space (85% required). Approved.
- 2022 DV1022 (4780 East 41st Street): Variance of development standards. Approved.
- 2022 DV1024 (101 West Washington Street): Variance to allow a fifth skyline sign on one building (maximum four permitted). Approved.
- 2022 DV2010 (2827 East 10th Street, amended): Variance to convert parking spaces into an outdoor seating area, resulting in one ADA parking space (17 parking spaces and one ADA space required). Approved.
- 2022 UV1007 (3057 Park Avenue, amended): Variance of use and development standards for a residential triplex (not permitted) with a 6-foot north corner side setback (8 feet required). Approved.
Special Requests and Procedural Actions
- 2022 DV1025 (16 West Morris Street and 1150 South Meridian Street): Continued to the July 5 hearing (not transferred to Board 3 as requested) without additional notice. Approved.
- 2022 UV1009 (8930 West Washington Street): Continued to the June 7 hearing without additional notice. Approved, with a remonstrator noting it was not timely filed and objecting to any further continuances.
- 2022 UV1002 (2535 East 79th Street): Continued to the June 7 hearing without additional notice. Approved.
- 2022 DV1019 (5329 and 5425 East Thompson Road): Continued to the June 7 hearing without additional notice. Approved.
- 2022 DV1023 (4330 Michigan Road): Continued to the June 7 hearing without additional notice. Approved.
- 2022 UV1011 (8620 West 82nd Street): Continued to the June 7 hearing without additional notice. Approved.
- 2022 UV1007 (3057 Park Avenue): Moved to the expedited docket subject to the amended site plan. Approved.
- 2022 DV1030 (8501–8515 West Washington Street): Approved a request to measure notification distance from the subject property instead of the entire airport perimeter.
- 2022 UV1010 (2211–2219 and 2143 Prospect Street and 1121 Churchman Avenue): Continued to the June 7 hearing with additional notice (staff request for cause). Approved.
- 2022 DV1021 (1868 Lafayette Road): Continued to the June 7 hearing, with notice if required. Approved.
- 2022 DV1011 (1422 English Avenue): Acknowledged a timely automatic continuance to June 7.
- 2022 DV1026: Acknowledged a timely automatic continuance.
- 2022 DV1016 (1810 South Meridian Street): Acknowledged withdrawal of the petition.
Discussion Items
2022 DV1018 – 9490 North Delaware Street
- Request: Variance to allow a six-foot-tall fence in the front yard along 95th Street and to legally establish a shed within the front yard (maximum fence height 3.5 feet; minor residential structures not permitted in the front yard).
- Petitioners’ testimony (Linda J. Griggs and T. Matthew Griggs): They own the property, built the shed in 1998, a four-foot fence in 2001, and a pool in 2006. They stated the 20-year-old fence needs replacement and a six-foot height is needed for pool safety, citing an incident where an eight-year-old neighbor climbed the fence. They presented a petition signed by all contiguous neighbors and letters of support, and noted the Nora Community Council supported the request with no objections. They also noted that 15 of 24 houses along 95th Street have fences.
- Staff position: Staff recommended denial, stating that the shed and fence are in the front yard and that moving the fence back approximately 17 feet to align with the house’s front facade would bring it into compliance. Staff argued that fence height limitations preserve residential aesthetics, and that pool safety could be addressed through a pool cover or enclosing the pool.
- Petitioners’ rebuttal: They argued that moving the fence would be impractical and financially burdensome due to existing landscaping and mounds, that a neighbor across the street (9461 N Delaware) was previously granted a similar variance, and that all contiguous neighbors signed in support.
- Board action: The board voted 5–0 (Ducket Brown, Young, Boone, Nelson, McKay) to approve the variance.
Key Outcomes
- Approved all six expedited petitions in the consent calendar via a single unanimous motion.
- Granted all requested continuances and transfers as listed above.
- Approved the notification-area waiver for 2022 DV1030.
- Approved 2022 DV1018 by a 5–0 vote.
Meeting Transcript
Call to order. This is a public hearing of the Metropolitan Board Zoning Appeals Division 1. I am Mark Young, acting chairperson of Division One. The other board members present today are Clinton McKay, Peter Nelson, Matt Boone, and Patrice Ducket Brown. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning or Jeffrey York, Senior Planner, Robert Eudon Hake, Senior Planner, Marlena Aretha, Senior Planner, Genesis Hill Associate Planner, and 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 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 cases will be heard immediately after all requests for continuances or withdrawals. As each non-expedite 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 remastered is 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 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. Remostrators will then be allowed five minutes of 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 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 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 a 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 of parking areas, 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 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 proven location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments to of a variance grant is a violation enforceable 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 this board. The written request must be filed within the 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 the matter pending before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedures? If not, before we hear special requests, 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 facts in a single vote rather than voting on each petition separately. Is there a motion? So moved. Is there a second? Second. I will now ask for a vote. McKay. Aye. Nelson. Aye. Boone. Aye. Uh Ducket Brown. Aye.
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