Metropolitan Board of Zoning Appeals Division 1 Hearing - March 7, 2023
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Metropolitan Board of Zoning Appeals Division 1 Public Hearing - March 7, 2023
The Metropolitan Board of Zoning Appeals Division 1 met on March 7, 2023, at 6:15 p.m. to hear a variety of variance petitions, including requests for continuances, expedited items, and full hearings on sidewalk cafes, garage access, accessory structures, and commercial development. Acting Chair Peter Nelson presided, joined by board members David Duncan, Andrew Catona, Jennifer Witt, and Anthony Bridgman (late). Legal counsel Chris Steinmetz and planning staff were present. The meeting lasted over three hours and included extensive public testimony, staff recommendations, and board votes.
Consent Calendar (Expedited Actions)
- 2022-UV1-035 (Exotic Metal Treatment, 6234 E. Hannah Ave.): Withdrawal of sidewalk waiver acknowledged; moved to expedited and approved unanimously (5-0) with amended findings.
- 2023-DV1005 (3100 N. Meridian St.): Two-day waiver of mail notice granted; moved to expedited and approved unanimously (5-0).
- 2023-DV1007 (3651 Five Points Rd.): Agreed to staff conditions; moved to expedited and approved unanimously (5-0).
Public Comments & Testimony
- On continuance of 2023-UV1-004 (Speedway Inc.): Lisa Bentley (Indy Gateway) and Clarence Ward (neighbor) opposed the continuance, citing property in disarray, illegal business operation, and neighborhood nuisance. Leanne Johnson also opposed, raising trash and hazardous tree concerns.
- On 2022-DV1063 (Patachou, 4901 N. Pennsylvania St.):
- Support: Emma Klust (Meridian Kessler Neighborhood Association) spoke in favor, calling the project an asset to the community.
- Opposition: Paula Light (4812 N. Pennsylvania St.) argued the expansion violates 2009 conditions, creates parking deficits, and contradicts the 2016 Meridian Kessler Plan. Pat Andrews (Marion County Alliance of Neighborhood Associations) noted discrepancies in the site plan and claimed the effective sidewalk would be reduced to 36 inches, violating safety standards. Terry Sanderson (4601 N. Pennsylvania St.) listed past violations and argued the proposal is inconsistent with the neighborhood plan.
- On 2023-DV1003 (Paul Brannen, 8838 W. 21st St.): Lisa Bentley (Indy Gateway) expressed concern about potential commercial use and heavy equipment, but acknowledged commitments to prohibit such use.
- On 2023-DV1008 (Starbucks/DRGSF surplus, 8144 E. Southport Rd.): No public opposition was voiced; only petitioner testimony was heard.
Discussion Items
1. 2022-DV1063 – Patachou Sidewalk Cafe Expansion
- Petitioner (Jonathan Hughes, attorney): Sought to expand outdoor cafe from 777 to 1,142 sq. ft. and add a permanent awning along 49th Street. The site has existing trees, utility poles, and an 18-ft sidewalk. The proposal includes removing tall planters that obstructed pedestrian paths and maintaining a 5-ft clearance. Support from Meridian Kessler NA and Meridian Street Preservation Commission (7-0). Staff recommended approval, noting the use is appropriate for the area and the awning is not an enclosure. Opponents argued parking deficits, violation history, and that the plan reduces pedestrian space. The board heard rebuttals and approved 5-0.
2. 2022-DV1057B – Brandy Wadi Garage Access (4001 N. Park Ave.)
- Petitioner (Brandy Wadi): Requested a variance to use a driveway off 40th Street instead of the alley for an existing detached garage. Petitioner stated the alley is narrow and has retaining walls, and many neighbors have similar driveways. Opposition from Meridian Kessler NA (unanimous), citing removal of street trees and inconsistency with neighborhood design. Staff recommended denial, noting the alley is in good condition and the driveway was installed without a permit. The board voted 4-1 to deny (Jennifer Witt voted yes).
3. 2023-DV1003 – Paul Brannen Accessory Structure (8838 W. 21st St.)
- Petitioner (Joe Calderon, attorney): Requested a variance to build a 3,456-sq-ft accessory building (hobby shop) on a 3.4-acre lot because its footprint exceeds the primary dwelling’s footprint (2,913 sq. ft.), violating ordinance. Petitioner argued the structure is subordinate in use and the lot has 96% open space. Staff opposed, stating the ordinance requires the accessory footprint to be smaller to maintain the dominance of the primary dwelling, and that multiple smaller buildings could serve the same purpose. The board approved 5-0 with added commitments: no commercial use, no heavy equipment, and setbacks as shown on the site plan (to be recorded).
4. 2023-DV1008 – Starbucks/Three-Tenant Outlot (8144 E. Southport Rd.)
- Petitioner (Russell Brown, attorney): Variances needed for three items: (a) a third freestanding sign (260 ft from existing sign, required 300 ft), (b) 51 parking spaces (max 43), (c) drive-through stacking in the front yard (one car) and no bypass aisle. Petitioner argued the site is car-dependent, no public transit nearby, and Starbucks corporate standards require the layout. Support from Franklin Township Civic League. Staff recommended denial, stating variances are self-imposed, the sign can be relocated, shared parking exists, and a bypass aisle is needed for emergencies and customer convenience. After discussion, the board approved 3-2 (Duncan, Witt, Bridgman yes; Catona, Nelson no) with the condition that a revised site plan including an exit point from the stacking lane be submitted for staff approval.
Key Outcomes
- Approved unanimously (5-0): 2022-UV1-035, 2023-DV1005, 2023-DV1007 (expedited); 2022-DV1063 (Patachou); 2023-DV1003 (Brannen accessory building).
- Denied 4-1: 2022-DV1057B (Brandy Wadi garage access).
- Approved 3-2 with condition: 2023-DV1008 (Starbucks outlot) – requiring revised site plan with bypass exit.
- Continuances granted: 2022-SE1001 (to April 4, no new notice); 2022-SC1002 (to April 4, with new notice); 2022-DV2045 (to April 4, final staff-supported continuance); 2022-DV1062 (to April 4, with new notice); 2023-UV1-006 (automatic continuance acknowledged).
- Withdrawals: 2023-UV1-004 (Speedway) withdrawn by petitioner before hearing; 2023-DV1008 part B (parking space size) withdrawn.
- Elected officers: Peter Nelson as Chair, David Duncan as Vice Chair, Jennifer Witt as Secretary.
Meeting Transcript
Good afternoon. I'll call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I am Peter Nelson, Acting Chairperson of Division One. Other board members present are David Duncan, Andrew Cotona, our newest member. Welcome, Andrew. Jennifer Witt, and then Anthony Bridgman is going to be late, so if you see someone coming up a little bit later, that's Anthony. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Eddie O'Neilla, Principal Planner 2, Robert Ulenake, Senior Planner, Marlene Arahetta, Senior Planner, Alison Richardson, Senior Planner, and Heather Stephens, 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 governor 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 petition shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in opposition to the petition. Staff will then present the administrator's comments regarding the petition. The petitioner will then be allowed five minutes for rebuttal and summation of the case. Rebuttal must be limited to subject matter of the initial presentations. Remonstrators will be then allowed five minutes for rebuttal of the petitioner's rebuttal. Evidence, excuse me, 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 petition. The installation of landscaping and screening, the panic paving of parking areas, and the dedication of rights of way are examples. These conditions and commitments are an integral part to the board's decision and must be met for a granted variance to be valid. Compliance with the conditions imposed by the board must be approved 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 enforced enforceable by the Department of Business and Neighborhood Services. A person may file a written request to receive notice of the filing of a petition for judicial review of a board of a decision of the board. The written request must be filed within five days of the board's decision and must include the person's full name, correct mailing address, and a reference to the board's petition number. Forms are available and may be obtained from the board's secretary. Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedures? All right, seeing none, before we hear special request, I will ask for a waiver of our rules of procedure to allow the board to vote on all expedited petitions and adopt their findings of fact without any additional testimony from the petitioners. Can I get a motion from the board? Duncan, so moved. Wit, second. We have a motion and a second. I will now ask for a vote. Duncan. Duncan, yes. Witt? Wit, yes.
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