Indianapolis Metropolitan Board of Zoning Appeals Division I Meeting

Date: October 4, 2022 (1:00 PM - approximately 5:20 PM)

The Metropolitan Board of Zoning Appeals (BZA) Division I held a public hearing to consider numerous variance petitions, including expedited items, several continued cases, and a notable set of four related petitions from Reagan Outdoor Advertising seeking to convert static billboards to digital displays along I-465. The board also handled procedural requests, withdrawals, and continuances. Due to a reduced board (three members present at the end), decisions required unanimity.

Consent Calendar

• Expedited Petitions (approved unanimously without testimony):
  • 2022-DV1-046 (4235 N Pennsylvania St): Variance for a covered structure over an outdoor kitchen with a 4-foot side setback (7 required). Approved subject to elevations.
  • 2022-DV1-050 (4504 E 17th St): Variance to construct a duplex on a lot 39 feet wide and 6,046 sq ft (60 ft and 7,200 sq ft required), with a 5-foot east side setback. Approved.
  • 2022-UV1-033 (amended) (3032 E Michigan St): Variance to legally establish an existing single-family dwelling and allow an expansion with a 4-foot front setback (12 required). Approved.

Public Comments & Testimony

• Reagan Outdoor Advertising Petitions (2022-UV3-009, 010, 011, 014): Numerous remonstrators spoke in opposition, representing multiple neighborhood associations, including Warren Township Development Association, Historic Urban Neighborhoods of Indianapolis, Decatur Township Civic Council, Pike Township Residents Association, Nora Northside Community Council, Martindale Brightwood, Valley Neighborhood, Woodruff Place Civic League, Health by Design, and others. Key arguments:
  • The City-County Council in 2019 explicitly rejected amendments to allow digital billboards; the BZA should not reverse that legislative decision.
  • Digital billboards are a safety hazard due to driver distraction, especially near interchanges and residential areas.
  • They reduce property values and create visual blight.
  • Petitioners seek a competitive advantage by circumventing the ordinance.
• Mapleton Fall Creek Neighborhood Association (2022-UV1-027): Rachel Lau, representing herself and a neighbor, opposed a storage garage and six-foot fence, stating the project would harm neighborhood character and property values. She noted the petitioner did not contact her or her neighbor.
• Northwest Perry Neighborhood Association (2022-UV3-011): A representative opposed the digital sign, citing safety, property values, and deviation from code standards.

Discussion Items

• Reagan Outdoor Advertising Petitions (2022-UV3-009, 010, 011, 014): The board heard consolidated testimony after initially rejecting petitioner's objection to a combined hearing. Petitioners argued that the conversions were not new signs, that digital technology is safer and provides public service (Amber Alerts, public safety messages), and that the variance process is appropriate. Staff recommended denial on all four, citing:
  • Failure to meet statutory "practical difficulties" test under Indiana law (Caddyshack Looper factors).
  • Self-created injury (petitioner chose to acquire nonconforming sites).
  • Feasible alternatives exist (static vinyl faces).
  • Signs would be injurious to public safety due to driver distraction near interchanges.
  • Signs would negatively impact protected residential districts.
  • City-County Council has consistently rejected digital billboard expansion.
• Continued Cases: Several petitions were continued or transferred:
  • 2022-DV1-036 (6761 & 6767 N Meridian St): Continued to November 1, 2022, after Meridian Hills town indicated support with conditions.
  • 2022-DV1-045 (2003 N College Ave): Continued to November 1, 2022, to address staff concerns.
  • 2022-DV1-047 (409 E Morris St): Continued to November 1, 2022, for design modifications with Bates Hendricks Land Use Association.
  • 2022-UV1-021 (7619 Acton Rd): Transferred to October 18, 2022 (Division III) to allow for a full board after earlier continuance.
  • 2022-UV1-026 (4200 E Raymond St): Transferred to October 18, 2022 (Division III) to allow a full board.
  • 2022-UV1-027 (2803 N New Jersey St): Continued to December 6, 2022, to explore an alternative location for the storage garage.
  • 2022-UV1-028 (1354 Shelby St): Withdrawn by petitioner.
  • 2022-UV1-034 (1718 Lafayette Rd): Transferred to October 11, 2022 (Division II) per petitioner request.
  • 2022-DV1-048 (5555 S Arlington Ave): Continued to November 1, 2022.
  • 2022-MO1-002 (114 E 49th St): Withdrawn and allowed to refile within three months; partial refund approved.
  • 2022-UV1-024 (1601 S High School Rd): Withdrawn by petitioner.
  • 2022-UV1-025 (3920 S Post Rd): Automatically continued to November 1, 2022 (registered neighborhood organization request).
• 2022-UV1-030 (8401 & 8415 Central Ave): Variance to merge two lots with two primary dwellings. Petitioner requested to build connecting outdoor space and remodel one dwelling into garage/in-law quarters. Staff opposed, citing lack of hardship and availability of alternatives. Neighborhood support and no remonstrators. Board approved unanimously (3-0).

Key Outcomes

• Denied (all four Reagan Outdoor Advertising petitions):
  • 2022-UV3-009 (2650 N Franklin Rd): Denied 4-0.
  • 2022-UV3-010 (7500 E 30th St): Denied 4-0.
  • 2022-UV3-011 (175 Southern Plaza Dr): Denied 4-0.
  • 2022-UV3-014 (7715 E 42nd St): Denied 4-0.
• Approved: 2022-UV1-030 (8401 & 8415 Central Ave): Approved 3-0.
• Expedited petitions approved (3 items – see Consent Calendar).
• Continuances and transfers granted (see Discussion Items for details).
• Withdrawals acknowledged: 2022-UV1-028, 2022-UV1-024, 2022-MO1-002, and 2022-DV1-026 (717 Shelby St).
• Other: A request to allow future refiling of a case at 10859 E Washington St before Division III was granted. A one-day waiver of notice for 2022-UV1-033 was approved.