Indianapolis Board of Zoning Appeals Division 1 Meeting – August 2, 2022

This meeting of the Metropolitan Board of Zoning Appeals, Division 1, was held on August 2, 2022, beginning at approximately 6:15 PM. Acting Chairperson Matt Boone presided, joined by board members Eduardo Luna and David Duncan. Legal counsel Chris Steinmetz and planning staff were present. The board considered multiple requests for continuances, withdrawals, and variance petitions, with votes on several key items. Due to the departure of a board member, a quorum was lost before all agenda items could be heard, resulting in automatic continuations of the remaining petitions.

Consent Calendar

• The board approved a waiver of rules of procedure to vote on all expedited petitions without additional testimony (motion by Duncan, second by Luna, unanimous).
• Petition 2022-DV1-037 (5943 Leicester Lane) was withdrawn as the proposed setback now complies with the ordinance. The board acknowledged the withdrawal and approved a full refund of the filing fee ($580) (motion by Duncan, second, unanimous).
• Petition 2022-DV1-038 (7525 Edgewater Drive) received a timely automatic continuance filed by a registered neighborhood organization to September 6, 2022; the board acknowledged. Later, staff noted a publication error required additional notice, and the board re-acknowledged the continuance with that condition.
• Several petitions were continued due to publication errors: 2022-UV1-010 (Prospect Street), 2022-DV1-039 (Ferguson Street), 2022-UV1-024 (South High School Road), 2022 SE1001 (Michigan Road), 2022 DV1034 (Wheeler Street), 2022 DV1040 (West 86th Street), 2022 DB 1041 (North Gale Street) — all continued to September 6, 2022 with additional notice. The board voted unanimously on each.
• Petition 2022 UV1020 (Jackson Street) had a timely automatic continuance filed by the petitioner; acknowledged.

Public Comments & Testimony

• No public comments were made during the opening procedures.

Discussion Items

• Continuance Requests

  • Petition 2022-DV1-036 (Meridian Hills): Petitioner Jacob Cox requested a continuance to October 4, 2022, to allow the Meridian Hills town council to vote on the variance request. Staff had no objection. The board granted the continuance (unanimous).
  • Petition 2022 UV 1009 (8930 West Washington Street): Petitioner Sylvia Miller requested a continuance due to only three board members present. Remonstrator Brian Tui (Indianapolis Airport Authority) opposed, noting the petition had been filed in February and already continued twice. Staff indicated they had previously stated no further continuances but had no objection given the partial board. The vote resulted in a 2-1 split (Luna no, Duncan yes, Boone yes), which is indecisive under board rules, so the petition proceeded to hearing.
  • Petition 2022 DB 1026 (717 Shelby Street): Petitioner Paul Lambey requested a continuance to October 4, 2022, to meet with the Fountain Square Neighborhood Association and allow the petitioner to reassess economic conditions. Staff had no objection, and the continuance was granted unanimously.

• Petition 2022 HOV 004 (2363 North Parker Avenue): Petitioner, representing owner Jean Camara, sought a variance for a zero-foot corner side setback to build a shipping container home. During testimony, the petitioner requested withdrawal of the petition and a full refund, citing the desire to avoid a decision with only three board members and recent site plan updates that may eliminate the need for a variance. Staff recommended denial of the refund because the case had proceeded through multiple hearings. The board acknowledged the withdrawal but split on the refund: Luna voted yes, Duncan no, Boone yes — an indecisive vote, meaning no refund was granted.

• Petition 2022 UV1-002 (2535 East 79th Street): Petitioner Garrett Lawton represented William and Beth Gammon, seeking a variance of use and development standards to retain a shipping container and carport on their lot (in a floodway fringe, with deficient setbacks). The container has existed for about 40 years, the carport for a decade. The petitioners argued hardship due to disability, limited income, and the loss of a garage from a fire. Neighbors testified in support, noting the lot is well-maintained and the structures are not visible. Staff opposed, citing ongoing violations, floodplain concerns, and the ability to develop the lot residentially. The board voted 3-0 to approve, subject to commitments that the improvements be removed upon transfer of the property and that the container remain uninhabitable.

• Petition 2022 DV 1025 (16 West Morris Street & 1150 South Meridian Street): The petitioner did not appear when called. Staff noted a revised site plan was submitted late. The board moved the petition to the end of the docket. Later, David Kingan arrived and requested a continuance to September 6, 2022, with additional notice. Staff expressed concern about repeated continuances but agreed. The board granted the continuance (unanimous).

• Petition 2022 UV 1009 (8930 West Washington Street, continued from earlier): Petitioner Anjali Sang sought a permanent variance for continued automobile and motorcycle sales (a use granted as a temporary variance in 2017). The petitioner argued compliance with commitments, support from neighbors, and a small business investment. Remonstrators (Indianapolis Airport Authority, City-County Councillor Jared Evans, and Indy Gateway) opposed, citing violations of commitments (e.g., landscaping, age of vehicles), negative impact on the airport entrance, and inconsistency with the comprehensive plan. Staff recommended denial. After hearing rebuttals, the board voted 3-0 to deny the petition.

• Petition 2022 UV 1012 (5531 East 82nd Street): Reagan Outdoor Advertising sought variances to convert a static billboard to digital (42 feet tall, 672 sq ft, eight-second message duration, within 415 feet of a protected district). Remonstrators, including neighborhood associations and nearby residents, opposed, citing traffic safety, light pollution, inconsistency with the sign ordinance, and precedent. Staff recommended denial. The vote was 2-1 (Boone and Duncan no, Luna yes), an indecisive result, so the petition was automatically continued to September 6, 2022.

• Petition 2022 UV 1013 (4015 East 82nd Street): Essentially the same request as UV 1012 but at a different location. The board incorporated the staff report and prior testimony by reference. After testimony, the board voted 3-0 to deny the petition.

Key Outcomes

• Continuances granted: 2022-DV1-036 to Oct 4, 2022; 2022 DB 1026 to Oct 4, 2022; 2022 DV 1025 to Sep 6, 2022; 2022 UV 1012 auto-continued to Sep 6, 2022.
• Withdrawal acknowledged: 2022-DV1-037 (with refund approved); 2022 HOV 004 (withdrawal acknowledged, refund request indecisive – denied).
• Variance approved: 2022 UV1-002 (2535 E 79th St) with commitments (3-0).
• Variance denied: 2022 UV 1009 (8930 W Washington St) (3-0); 2022 UV 1013 (4015 E 82nd St) (3-0).
• Loss of quorum: After board member Luna left, the remaining petitions (2022 UV 1014, 1015, 1016, 1021, 1023) were continued to September 6, 2022, or transferred to Division 2 on August 9, 2022, as agreed by the petitioners and without objection from the audience.
• Adoption of findings: For denied petitions, the board continued the cases for adoption of negative findings of fact at a later hearing.