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Record of Proceedings

Metropolitan Board of Zoning Appeals Division 1 Hearing Summary - May 9, 2023

Board of Zoning Appeals I — Tuesday, May 9, 2023
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, May 9, 2023
StatusFILED
Video Record
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Transcript — Verbatim
0:02

Good afternoon.

0:03

This is a public hearing of the Metropolitan Board of Zoning Appeals Division 1.

0:08

I am Peter Nelson, Chairman of Division 1.

0:14

The other board members present are David Duncan, Jennifer Witt, Andrew Cotona, and Aaron McBride.

0:21

He is an alternate to the board.

0:23

Legal counsel for board today is Chris Steinmetz.

0:26

Staff members present today from the Division of Planning are Eddie Onea, Principal Planner 2, Robert Ulinake, Senior Planner, Marlene Arahetta, Senior Planner, Alison Richardson, Senior Planner, and Heather Stephenson, Senior Specialist and Secretary to the Board.

0:41

Matt Pleasant is the current planning administrator.

0:45

The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today.

0:51

The proceedings of these hearings are governed by the board's rules of procedure.

0:55

The expedited cases will be heard immediately after all requests for continuances or withdrawals.

1:00

As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand.

1:06

Those who intend to testify will remain standing and be sworn.

1:09

Petitioners should be on your left and remonstrators on your right as you face the board.

1:14

Those who testify will state their name and address for the record before beginning to testify.

1:19

Petitioners and persons appearing in support of the case shall be shall have excuse me, a maximum of 15 minutes for the presentation of evidence statements and arguments in support of the petition.

1:29

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.

1:39

Staff will then present the administrators' comments regarding the petition.

1:42

The petitioner will then be allowed a five minutes for rebuttal and summation of the case.

1:47

Rebuttal must be limited to the subject matter of the initial presentations.

1:51

Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement.

1:57

No further evidence, statements, or arguments will be heard unless it is at the discretion of the board.

2:01

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.

2:10

If petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of notice sign on the subject property at least 23 days prior to the hearing, the board may continue the petition.

2:22

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.

2:32

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

2:38

The installation of landscaping and screening, the paving of parking area, and the dedication of rights away are examples.

2:45

These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid.

2:51

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.

3:00

Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements.

3:07

Failure to comply with these conditions or commitments of a variance is a violation enforceable by the Department of Business and Neighborhood Services.

3:16

A person may file a written request to receive notice of the filing of a petition for judicial review of a decision of the board.

3:24

The written request must be filed within five days of the board's decision and must include the person's full name and correct mailing address and a reference to the board's petition number.

3:33

Forms are available and may be obtained from the board secretary.

3:37

Please be advised that contacting members of the board regarding a matter pending before the board outside of this public hearing process is prohibited.

3:44

Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off.

3:51

Is there anyone in the audience who has any questions about our procedures?

3:58

Yeah.

3:59

I assume not really.

4:01

Okay.

4:17

Do I have a motion?

4:21

Duncan.

4:22

Duncan, so move.

4:23

We have a motion.

4:24

Do I have a second?

4:25

Wit.

4:26

Second.

4:27

Motion and a second.

4:28

I will now ask for a vote.

4:29

Duncan.

4:31

Duncan, yes.

4:32

Witt.

4:33

Yes.

4:34

Catona.

4:35

Catona, yes.

4:36

McBride.

4:38

McBride, yes.

4:40

And Nelson votes yes.

4:43

We will consider special requests and continuances at this time.

5:00

Good afternoon, Chairman Nelson, members of the board.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████64%
Procedural███████████16%
Public Safety████6%
Religious Exemption███4%
Affordable Housing██3%
Community Engagement█2%
Transportation Safety█2%
Disability Rights█1%
Construction Projects█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division 1 Hearing Summary - May 9, 2023

The Metropolitan Board of Zoning Appeals Division 1 convened on May 9, 2023, at 6:15 PM. Chairman Peter Nelson presided with members David Duncan, Jennifer Witt, Andrew Katona, and Aaron McBride (alternate). Legal counsel Chris Steinmetz and staff from the Division of Planning were present. The board heard requests for variances, special exceptions, continuances, withdrawals, and fee transfers. All decisions were made by unanimous or majority votes.

Consent Calendar

  • Withdrawal of Petition 2023 DV1012: David Gilman withdrew the petition for 6209 East Edgewood Avenue to allow filing a rezoning with companion variances. The board approved transferring the $643 filing fee to the new application (5-0).
  • Waiver of Notice for Petition 2023 DV1017: Cassandra Nielsen requested a one-day waiver for a sign posting on 4002 North Park Avenue. No objections; waiver granted unanimously (5-0).
  • Waiver of Notice for Petition 2023 DV1019: David Rutherford requested a one-day waiver for 8719 Southeastern Avenue. Staff had no objection; waiver granted unanimously (5-0).
  • Continuance of Petition 2023 UV1-006: Requested for 201 West 38th Street and 3750 North Capitol Avenue to June 6, 2023. Granted unanimously (5-0).
  • Expedited Petitions: Three expedited cases were approved unanimously (5-0):
    • 2023 DV1014 (1103 South McGlee Avenue): vehicle access from front yard curb cut.
    • 2023 DV1015 (1128 South High School Road): attached garage with reduced setbacks.
    • 2023 DV1018 (6490 North Sherman Drive): dwelling renovation and attached garage with front yard setback variance.
    • 2023 DV1019 (8719 Southeastern Avenue): commercial renovation with reduced facade transparency and porch encroachment.
  • Transfer of Petition 2023 DV1016: Continued and transferred to May 23, 2023, Division 3 hearing after affidavit was received. Granted unanimously (5-0).

Public Comments & Testimony

  • Support for 1012 Olive Street: Homeowner Josh Fern testified about safety concerns due to alley traffic, crime (including a shooting), and property damage. He expressed support for relocating the driveway to the street.
  • Support for 9140 East McGregor Road: Attorney Misha Rabinowich represented Shalom Christian Church, describing the congregation's need for a permanent home. He detailed commitments to address neighbor concerns.
  • Support for 6601 Ferguson Street: Hannah Osborne, of Clark and Osborne, spoke in opposition to the gate, citing line-of-sight issues.
  • Opposition to 1034 South Tremont Street: Jessica Sines (West Indy Neighborhood Congress) and Lisa Laughlin (West Indianapolis Development Corporation) opposed the commercial use, citing residential character and safety.

Discussion Items

  • 2022 DV1062 (1012 Olive Street): Petitioner Paul Lamby and homeowner Josh Fern requested variances to move driveway from alley to street. Staff recommended denial, citing self-imposed difficulties and alley access. Board approved (5-0).
  • 2023 DV3012 (Martindale Brightwood): Request for duplex on undersized lot. Petitioner withdrew the parking pad setback portion; staff recommended approval. Board approved (5-0).
  • 2022 SE1002 (9140 East McGregor Road): Special exception for church. Petitioner committed to additional conditions; staff recommended approval with amendment. Board approved (5-0).
  • 2023 DV1009 (1313 Gumwood Drive): Mini-barn with .5-foot setback. Petitioner Tony Clark presented photos and support from neighbor. Staff recommended denial; board denied (1-4).
  • 2023 DV1011 (902 East 66th Street): Fence and gates in clear sight triangle. Petitioner and remonstrators (Hannah Osborne, Pastor Dennis Adair) debated. Staff recommended denial; board denied (1-4).

Key Outcomes

  • Approvals: 2022 DV1062 (5-0), 2023 DV3012 (5-0), 2022 SE1002 (5-0), 2023 DV1017 (5-0).
  • Denials: 2023 DV1009 (1-4), 2023 DV1011 (1-4), 2023 UV1007 (0-5).
  • Other: Withdrawals, waivers, continuance, and fee transfer approved unanimously.
  • Findings of Fact: Board adopted revised findings for 2022 DV2045 and 2022 DV1057A/B.

Meeting Transcript

Good afternoon. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 1. I am Peter Nelson, Chairman of Division 1. The other board members present are David Duncan, Jennifer Witt, Andrew Cotona, and Aaron McBride. He is an alternate to the board. Legal counsel for board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie Onea, Principal Planner 2, Robert Ulinake, Senior Planner, Marlene Arahetta, Senior Planner, Alison Richardson, Senior Planner, and Heather Stephenson, 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 these hearings are 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 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 shall be shall have excuse me, 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 administrators' comments regarding the petition. The petitioner will then be allowed a five minutes for rebuttal and summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence 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 petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of notice sign on the 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 petitions. The installation of landscaping and screening, the paving of parking area, and the dedication of rights away are examples. These conditions and commitments are an integral part of 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 these conditions or commitments of a variance is a violation 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 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 and correct mailing address and a reference to the board's petition number. Forms are available and may be obtained from the board 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? Yeah. I assume not really. Okay. Do I have a motion? Duncan. Duncan, so move. We have a motion. Do I have a second? Wit. Second. Motion and a second. I will now ask for a vote. Duncan.

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