Metropolitan Board of Zoning Appeals Division 1 Hearing - August 1, 2023
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Metropolitan Board of Zoning Appeals Division 1 Hearing - August 1, 2023
The Metropolitan Board of Zoning Appeals Division 1 hearing on August 1, 2023, convened with only two board members present (Chairperson Peter Nelson and Andrew Catona), lacking a quorum. As a result, no votes or substantive actions could be taken on any petition. All petitions on the agenda were continued to future hearing dates, either transferred to other divisions or continued to the next Division 1 meeting on September 5, 2023. Several petitions were withdrawn by petitioners and acknowledged by the board.
Public Comments & Testimony
- Clark Harris, homeowner at 521 Prospect Street, submitted a letter of opposition from a neighbor regarding petition 2023 DV1034 (517 Prospect Street) and requested it be filed. He also expressed concern about scheduling, noting the August 15 date would work.
- Laura Piercefield, representing the South Village Neighborhood Association, stated the community collected over 120 signatures opposing petition 2023 UV1016 (2909 South Meridian Street) and argued there was no need for a continuance given the area's existing used car lots. She noted the petitioner owns other land that suits their needs. The board explained that without a quorum, a continuance was required, and the petition was transferred to August 15, 2023.
Discussion Items
No substantive discussion on the merits of any petition occurred due to lack of quorum. All discussion centered on scheduling continuances and acknowledging withdrawals.
Key Outcomes
- 2023 DV1036 (914 Harlan Street): Continued and transferred to Division 3 hearing on August 15, 2023 (petitioner preference).
- 2023 DV1022 (2247 Broadway Street): Continued and transferred to Division 2 hearing on August 8, 2023 (petitioner preference).
- 2023 DV1021 (1931 Lake of the Pines Drive / 8535, 8515 West 21st Street): Withdrawn by petitioner; board acknowledged.
- 2023 DV1025 (5010 East 16th Street): Withdrawn; board acknowledged.
- 2023 UV1010 (1946 North Euclid Avenue): Withdrawn; board acknowledged.
- 2023 UV1013 (5320 West Vermont Street): Withdrawn; board acknowledged.
- 2023 UV1014 (7006 Southeastern Avenue): Continued to Division 1 hearing on September 5, 2023 (staff had no objection).
- 2023 DV1031 (1409 Fletcher Avenue): Continued and transferred to Division 2 on August 8, 2023. Petitioner also requested expedited docketing for that date.
- 2023 DV1032 (515 Southeast Street): Continued to Division 1 on September 5, 2023, with notice (public hearing sign had not been posted for the required 23 days).
- 2023 DV1033 (337 Sanders Street): Continued and transferred to Division 3 on August 15, 2023. Petitioner had submitted revised site plans reducing a sidewalk setback, with staff concurring.
- 2023 DV1034 (517 Prospect Street): Continued and transferred to Division 3 on August 15, 2023. Petitioner indicated changes would reduce the proposal; staff noted additional notice might be required if plans changed.
- 2023 DV1035 (1310 West 26th Street): Continued and transferred to Division 2 on August 8, 2023. Petitioner requested expedited treatment.
- 2022 UV1009 (8930 West Washington Street): Automatic continuance acknowledged; continued to Division 1 on September 5, 2023.
- 2023 UV1016 (2909 South Meridian Street): Continued and transferred to Division 3 on August 15, 2023. Petitioner and remonstrator (Laura Piercefield) agreed on that date.
Meeting Transcript
All right, I'm gonna call this meeting to order. Uh apologize everyone for the delay. Um but this is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I am Peter Nelson, Chairperson of Division 1. The other board member present is Andrew Catona. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Eddie Onea, Principal Planner 2, Jeff York, senior planner, Robert Ulenake, senior planner, Marlene Araheta, senior planner, Alison Richardson, senior planner, Noah Stern, Associate Planner, and Heather Steffen, Senior Specialist and Secretary to the Board. Three board members must be present for an action to be taken. Therefore, every petition on this August 1st, 2023 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. Your continuance options are a one-week continuance to the Division II hearing on August 8th, a two-week continuance to the transfer and a transfer to the division three hearing on August 15th, or a five-week continuance to uh division one, this board again on September 5th. Um if we do have any petitioners and remonstrators for any given petition that cannot for whatever reason make those dates, we do have a uh schedule up front on the podium, so um we we have all those in front of everybody if we need to consult that. So um, yeah, as I said, Heather's placed a hearing schedule on the podium for reference for any future dates. Um if no one is present on a particular petition, that petition will be continued until our next hearing of Division 1 on September 5th. Um right now, are there are there any questions about about that procedure? Okay. Um seeing none, we will go ahead and proceed to hear continuances in the order of the agenda. Heather, could you please read the first petition? Under expedited. Let's do that. Under expedited petitions 2023 DB1036 at 914 Harlan Street. Center Township Council District 17 zone D5. Would the petitioner please come to the microphone? Please state your name and address for the record. Uh Mark Crouch, 124 East Pleasant Run Parkway, Indianapolis, Indiana. What is your continuance preference, sir? Um the August 15th would be fantastic. So a two-week continuance and transfer to Division 3. Yes. Okay, is there anyone else with interest in petition 2023 DV1036? All right, not seeing anyone staff. Do you have any comment on this? No comment at all. Thank you, Chairperson Nelson. Thank you. Um with that, 2023 DV1036 at 914 Harland Street is continued and transferred to the Division 3 hearing on August 15th. Thank you. Chairman Nelson, would you prefer that I go according to the staff report? Which I've already not followed, or go in order of what is the order you would prefer, sir. Um I think Heather, since we started with expedited, we can continue down in the order. It looks like we started at four. Um the ones already requesting a continuance. Um I guess I guess staff is requesting that. Um, so we can come back to those, I guess. So the next thing I have on the agenda is the petition that was continued for indecisive vote from the July hearing 2023, DV1022. Okay. Yeah. 2247 Broadway Street, Center Township, Council District 17, Zone D 8. Hello, will you please state your name and address for the record?
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