Metropolitan Board of Zoning Appeals Division 1 Hearing - September 6, 2022
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Metropolitan Board of Zoning Appeals Division 1 Hearing - September 6, 2022
Due to the absence of a third board member, the hearing lacked a quorum. All petitions on the agenda were continued to future dates. The meeting was chaired by Peter Nelson with David Duncan as alternate board member. Legal counsel Chris Steinmetz and planning staff were present.
Public Comments & Testimony
- Councilor Dan Boots (District 3) requested that petition 2022 UV1012 (5531 East 82nd Street) be accelerated to the September 13 hearing of Division 2, noting that the petition had already been continued once due to a non-conclusive vote and that citizens were present.
- Pat Andrews (Marion County Alliance of Neighborhood Associations) expressed appreciation for the board's volunteer service and acknowledged that while some remonstrators could not attend the September 13 hearing, substitutes would be arranged to accommodate the councilor's request.
- Mr. Richardson (regarding 2363 North Parker, petition 2022 HOV 044) addressed the board about a refund request after the petitioner withdrew the variance petition. He noted that a motion at the August 2 hearing resulted in a 2-1 vote and that, despite staff's recommendation against a refund, the petitioner wished to proceed. He was advised to present the refund request at the September 13 hearing of Division 2 during additional business.
Discussion Items
- All petitions were read in order by staff. Attorneys and petitioners requested continuances to various dates. Staff expressed no objection to each request. The board acknowledged automatic continuances filed by registered neighborhood organizations for three petitions.
- For 2022 UV1012, Councilor Boots and Pat Andrews both spoke in support of transferring to the September 13 hearing. The attorney for the petitioner concurred, noting the previous indecisive vote.
- For 2022 SE1001 (cell tower relocation), the petitioner requested a three-month continuance to December 6, 2022, with additional notice, to allow time for a potential alternative solution.
- For 2022 UV1014, 1015, 1016 (High School Road, Sam Jones Expressway, Broaderville Avenue), the petitioner and remonstrators agreed to continue all three to November 1, 2022.
- For 2022 UV1024 (1601 South High School Road), the petitioner requested a continuance to October 4 with additional notice to amend the request for two additional variances; the Indianapolis Airport Authority had no objection.
Key Outcomes
- All petitions were continued or transferred as follows:
- September 13, 2022 (Division 2): 2022 DV1038, DV1039, UV1010, UV1032, UV1012, DV1025, DV1034, UV1031 (all without additional notice).
- September 13, 2022 (Division 3): 2022 DV1043 (without additional notice).
- September 20, 2022 (Division 3): 2022 DV2027, DV1040, DV1044 (all without additional notice).
- October 4, 2022 (Division 1): 2022 UV1021, UV1025, DV1045 (without additional notice); UV1024 (with additional notice); UV1026, UV1028, UV1030 (automatic continuances by neighborhood organizations, no additional notice).
- November 1, 2022 (Division 1): 2022 UV1014, UV1015, UV1016, UV1020 (all without additional notice).
- December 6, 2022 (Division 1): 2022 SE1001 (with additional notice).
- Withdrawn: 2022 DV1011 (acknowledged).
- The board acknowledged that no quorum was present, preventing any substantive decisions or votes on the merits. All matters were continued administratively.
Meeting Transcript
Afternoon, everybody. Uh, gonna call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I am Peter Nelson acting as chairperson of Division One. The other board member present is David Duncan, an alternate for the for the board. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Heather Steffen, senior board specialist and secretary to the board. Eddie Onea, Principal Planner 2, Robert Ulenake, Senior Planner, Marlene Aretta, Senior Planner, and Genesis Hill, Senior Planner. Three board members must be present for an action to be taken. Therefore, every petition on this September 6th, 2022 agenda must be continued. All withdrawals and timely requests for automatic continuance will be acknowledged. Any remaining petitions will be continued and/or transferred to a future hearing date. Your continuance options are a one-week continuance and transfer to Division 2, which is on September 13th. A two-week continuance and transfer to Division III on September 20th, or a four-week continuance to the next hearing of Division 1 on October 4th. Heather has placed a hearing schedule at the podium for reference of any additional hearing dates. If no one is present on a particular petition, said petition will be continued to the next hearing of Division 1 on October 4th, 2022. Are there any questions? If there was a question, could you please approach the podium? And uh I see all these citizens and taxpayers that are here, and people that we voted for aren't here to do their job. It's a shame. Just want to go on record. Please state your name and address for the record. Sure. Uh Dan Boots, uh Indianapolis, Indiana. Uh suite 27 10 West Market Street. I'm the city county councilor for District 3. And I'm just here to clarify the situation involving petition number 2022 UV1012. This has already been continued once because of a non-concive vote. I would like to see it get accelerated on uh the next possible calendar instead of being pushed for 30 days. I'd like to seek resolution of it next week. Okay, we will we will take these in order here in a minute. So we'll uh we'll take that under consideration. Thank you. Okay, thank you. Okay. Um we will go ahead and proceed to hear continuances in the order of the agenda. Heather, can you please read the first petition? 2022 DV1038 7525 Edgewater Drive, Washington Township, Council District 2. Hi, good afternoon. Adam Mears, attorney with Gratison Land Development, 6330 East 75th Street. Here on behalf of uh Adam Gillette, uh, we'd ask that this be continued to September 13th next week. Is there anyone else with interest in 2022 DV1038? Staff is there any comment? Thank you, Chairperson Nelson members of the board. Staff has no objection to continuing this request and transferring it to the September 13th hearing of board two without additional notice. All right, thank you. Uh petition number 2022 DV1038 is continued and transferred to the September 13th hearing uh without additional notice. 2022 DV1039, 6407 through 6419 Ferguson Street, Washington Township, Council District 2. Good afternoon, Misha Rabinwich Offices at 1 Indiana Square Suite 1800 on behalf of the petitioner, and I'd ask for this matter to be continued to the September 13th meeting of Division 2 next week. Is there anyone else with interest in 2022 DV1039?
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