Metropolitan Board of Zoning Appeals Division I Meeting – November 1, 2022
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Metropolitan Board of Zoning Appeals Division I Meeting – November 1, 2022
The Metropolitan Board of Zoning Appeals Division I convened on November 1, 2022, at 1:00 PM in the Public Assembly Room of the City-County Building. Only two board members were present (Matt Boone, acting chair, and David Duncan), which fell short of the three-member quorum required to take action. Consequently, all petitions on the agenda were continued to future hearing dates, primarily transferred to Division 2 on November 15, 2022, or other specified dates. Staff recommended denial on several petitions, but no votes were taken.
Public Comments & Testimony
- Brent Lyle (Flanner House, 2424 Dr. MLK Street) spoke on behalf of community members regarding Petition 2022-UV1-037 (977 Roache Street) and expressed no objection to the continuance.
- Carol Barker (6334 Walton Street, representing RHGNA neighborhood association) requested that Petition 2022-UV1-020 (6805 Jackson Street) be transferred to November 15 rather than continued to January 2023, citing ongoing illegal parking of a commercial vehicle in a residential area. Her request was noted, but the board acknowledged the continuance to January 3, 2023.
- Edwin Lock (Township Resident Association, 5318 Shadow Accord) stated no objection to the continuance of Petition 2022-UV1-016 (1060 Broad Ripple Avenue).
Discussion Items
- Lack of Quorum: Chair Matt Boone explained that only two board members were present, so every petition must be continued. All dismissals, withdrawals, and timely automatic continuance requests were acknowledged.
- Continuance and Transfer Requests: Nearly all petitioners or their representatives requested transfers to Division 2 on November 15, 2022. Staff had no objections, and the board acknowledged these transfers. Only a few petitions were continued to different dates:
- 2022-DV1-047 (409 East Morris Street) continued to December 6, 2022.
- 2022-UV1-020 (6805 Jackson Street) continued to January 3, 2023 (petitioner requested; neighborhood association objecting requested November 15).
- 2022-UV1-025 (3920 South Post Road) withdrawn at petitioner's request.
- 2022-DV1-052 (358 East Terrace Avenue) continued to December 6, 2022 with additional notice.
- 2022-UV1-035 (6234 East Hanna Avenue) continued to December 6, 2022.
- 2022-UV1-036 (2711, 2715, 2719 Madison Avenue) continued to December 6, 2022 without additional notice.
- 2022-UV1-038 (4010 West 86th Street) automatically continued to December 6, 2022 due to a timely automatic continuance request from a registered neighborhood organization.
- Staff Recommendations: Staff reports for several petitions recommended denial, including those for a digital off-premise sign near I-465 (2022-UV1-014), a digital sign near I-70 (2022-UV1-015), a digital sign in Broad Ripple (2022-UV1-016), a commercial vehicle parking variance (2022-UV1-020), a semi-truck driver training school (2022-UV1-025), a self-storage facility with outdoor storage (2022-UV1-036), and a methadone clinic (2022-UV1-038). No decisions were made due to lack of quorum.
Key Outcomes
- All petitions continued or transferred: No actions were taken on the merits. The board acknowledged continuances and transfers as requested by petitioners or automatically.
- Continuance with notice: Petition 2022-DV1-052 (358 East Terrace Avenue) was continued to December 6, 2022 with additional notice required.
- Withdrawal: Petition 2022-UV1-025 (3920 South Post Road) was withdrawn.
- Next hearing dates: Most petitions were transferred to Division 2 on November 15, 2022. Remaining petitions were scheduled for December 6, 2022 or January 3, 2023.
- Staff to enforce notice: For continuances without additional notice, staff will enforce notice if required.
Meeting Transcript
All right, this is a call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 1. I am Matt Boone acting as chairperson of Division One. The other board member present is David Duncan. Legal counseling for the board today is Chris Steinemetz. Staff members present today from the division of planning are Eddie Honey, Principal Planner 2. Robert U Lenk Henke, Senior Planner. Marley Arahetta, Senior Planner, Alison Richardson, Senior Planner, Jennison Hill, Associate Planner, Heather Stevens, Senior Board Specialist, and Secretary to the Board. Three board members must be present must be present for an action to be taken. Therefore, every petition on this November 1st, 2022 agenda must be continued. All dismissals, withdrawals, and timely requests for automatic continuance will be acknowledged. Any remaining petitions will be continued and or transferred to a future hearing date. Date change third week due to election day. Heather has placed a 2023 hearing schedule at the podium for reference to any additional hearing dates. If no one is present on a particular petition, said petition will be continued to the next hearing of Division 2 on December 6, 2022. Are there any questions? If not, we will proceed to hear continuance in the orders of the agenda. Secretary. Oh sorry. Good afternoon. My name is David Rutherford. I'm the attorney for the petitioner in the case, and we would like to request a transfer of the case to board two for November the 15th. Acknowledged. Is there anyone else in the audience with an issue with this date? Thank you, Chair President staff has no objection to this request. I believe it is continued and transferred to the 15th. Thank you. 2022 UV 1037 977 Roach Street Center Township Council District 11. I am Joseph Cerilla with Priority 1 LLC. I also request November 15th. Can you come down? Please state your name and the your address for the record. Sure thing. Brent Lyle, and I'm at Flanner House 2424, Dr. MLK Street. And what is your interest? Speaking on behalf of community members that have expressed their opinion on the project. Would you have a conflict with moving this case to board two on November the 15th? No. Staff have any comment? Staff has no objection to the continuance and transfer. Okay, acknowledging that uh petition number 2022 UV1037 has been transferred to Division 2 for the date. November 21st. 15th. November 15th. 2022 UV 1039 6331 Carrollton Avenue, Washington Township, Council District 2. Good afternoon. Uh Joe Calder and 11 South Meridian, Indianapolis representing the petitioner in this matter. We would also like to continue and transfer this matter to board two for hearing on November 15th. Is there one anyone in the public with an interest in this petition?
openpublica.com