Metropolitan Board of Zoning Appeals Division One - June 7, 2022 Public Hearing
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Metropolitan Board of Zoning Appeals Division One - June 7, 2022 Public Hearing
The Metropolitan Board of Zoning Appeals (BZA) Division One met on June 7, 2022, at 6:15 PM (UTC) under Acting Chairperson Peter Nelson, with members Matt Boone and Eduardo Luna. Legal counsel Chris Steinmetz and planning staff were present. The meeting addressed continuances, expedited petitions, and three non-expedited variance cases.
Consent Calendar
- The board waived rules to vote en bloc on expedited petitions without additional testimony.
- Expedited petitions approved unanimously (3-0):
- 2022 UV1011 (86 20 W 82nd St)
- 2022 DV1019 (amended sign variance, withdrawn height/area)
- 2022 DV1029 (32 S Fine St, withdrawn compensatory storage request)
Continuances and Special Requests
- 2022 UV1002 (2535 E 79th St): Continued to July 5, 2022, at petitioner’s request to address neighborhood concerns. Staff requested final continuance. Approved 3-0.
- 2022 DV1026 (717 Shelby St): Continued to August 2, 2022, without additional notice, due to neighborhood organization continuance. Approved 3-0.
- 2022 DV1030: Withdrawn; filing fee transferred to combined case 2022 CAP CVR 827. Approved 3-0.
- 2022 UV1009 (8930 W Washington St): Continued to August 2, 2022, without additional notice. Airport Authority requested it be final continuance. Approved 3-0.
- 2022 DV1011 (1422 English Ave): Final continuance to July 5, 2022, without additional notice. Approved 3-0.
- 2022 UV1014 (5200 N High School Rd) and 2022 UV1015 (4400 Sam Jones Expy): Automatic continuances acknowledged.
- 2022 UV1010 (2211-2219 & 2143 Prospect St): Continued to July 5, 2022, with additional notice due to address discrepancy. Approved 3-0.
- 2022 UV1012, UV1013, UV1016, 2022 HOV004: Automatic continuances acknowledged.
- 2022 DV1021 (1868 Lafayette Rd): Withdrawal acknowledged.
Non-Expedited Cases
Case 2022 DV1023 – International School of Indiana Fence Variance
- Petitioner: International School of Indiana (4330 Michigan Rd) requested a 6-foot ornamental fence along Michigan Road (max 3.5 ft permitted) for security. Speakers included Sarah Hempstead (attorney), Elizabeth Head (head of school), and Councilor Monroe Gray. Council President Bob O'Silly also spoke in support. No remonstrators.
- Petitioner’s Position: The three-building campus requires secure perimeter; 3.5 ft fence is insufficient for deterrence. The fence would be set back 45 ft from road, below road elevation. Neighbors support; DHS partial funding received.
- Staff Position: Recommended denial—no practical difficulty; fence height limits preserve residential aesthetics; landscaping could provide screening.
- Board Action: Approved 3-0. Members noted community support and safety justification.
Case 2022 DV1028 – Starbucks Drive-Thru Parking Variance
- Petitioner: MAP Thompson Road LLC (5420 E Thompson Rd) requested a drive-thru Starbucks with 34 parking spaces (max 22 permitted). Petitioner Andy Metzel and developer Aaron Boyle argued that Starbucks is beverage-driven with high turnover; 22 spaces insufficient for employees and customers. Remonstrator Deanne Farthing represented adjacent property owner (5426 E Thompson LLC).
- Petitioner’s Position: Additional 12 spaces are needed for operational efficiency and safety; site is large enough; no sacrifice to landscaping or drainage. Staff requested drive-aisle modifications were accommodated.
- Remonstrator’s Position: Additional parking will cause congestion and traffic backups onto two-lane Thompson Road (no center turn lane). Access point is too close to adjacent property; denial would allow two-way navigation and reduce congestion. Proposed mutual driveway not yet agreed.
- Staff Position: Recommended denial—parking maximum exists to reduce heat island effect; 34 spaces plus double drive-thru (24 vehicles) totals 58 vehicle capacity. No practical difficulty specific to site.
- Board Action: Approved 3-0. Members noted petitioner’s experience and that use is permitted; variance justified by operational needs.
Case 2022 DV1031 – Flag Lot Variance for Single-Family Dwelling
- Petitioner: David and Lee Ann Rutherford requested variance for a 3.01-acre lot with 15 ft frontage (min 125 ft required) on Thompson Road. Petitioner David Rutherford explained the lot is part of a family farm (purebred Angus cattle) and would allow him to build a home near aging parents. The lot is a flag lot access via a shared driveway.
- Petitioner’s Position: Lot has sufficient width (323 ft) where house sits; flag lot is necessary due to floodplains and existing barns. Signage commitment: signs at road and split point to aid emergency vehicles and visitors. No remonstrance; civic league, councilor, and state senator support.
- Staff Position: Recommended denial—flag lots are not permitted; safety concerns for emergency access and visitor location on a primary collector.
- Board Action: Approved 3-0. Members accepted signage commitment as condition.
Key Outcomes
- All votes were unanimous (3-0) across all items.
- Three expedited petitions approved without testimony.
- Three non-expedited variances approved over staff denial recommendations.
- Findings of fact from previous hearings (2022 DV1008, 2022 DV1018) were signed but not adopted.
- Meeting adjourned at approximately 4:30 PM local time (after 6:15 PM start).
Meeting Transcript
All right, I'll call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division One. I am Peter Nelson, acting chairperson of Division One. The other members present are Matt Boone and Eduardo Luna. Legal counsel for the board today is Chris Steinmetz. Staff present today from the Division of Planning are Eddie Junea, Principal Planner 2, Robert Ulenhaik, Senior Planner, Marlene Iretha, 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 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 petitions shall have a maximum of 15 minutes for the presentation of evidence statements and arguments of the opposition to the petition. Staff will then present the administrators' comments regarding the petition. The petitioners will then be allowed five minutes for a 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 of 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 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 sign on 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 and screening, the paving of parking area, and the dedication of rights of way are examples. These conditions and commitments are 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 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 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. 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 petitions number. Forms are available and may be obtained from the board secretary. Please be advised that contacting members of the board regarding matter pending before the board outside of this public hearing is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Any vote that is not unanimous is an indecisive vote, and if an indecisive vote occurs, your petition will be automatically continued to the next hearing of the board. We will take this into consideration when hearing special requests. Okay, before we hear special requests, I will ask for a waiver of a rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. Yes. Do we have a motion? Motion. Okay, motion by Boone. Do we have a second? Yes. Okay. Uh motion and a second, so I'll call for a vote. Uh Boone. Yes. Luna. Yes. And Nelson, yes.
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