Metropolitan Board of Zoning Appeals Division One Public Hearing - September 5, 2023
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Metropolitan Board of Zoning Appeals Division One Public Hearing - September 5, 2023
The Metropolitan Board of Zoning Appeals (BZA) Division One held a public hearing on September 5, 2023, at 6:15 PM in Indianapolis, Indiana. Chairperson Peter Nelson presided, with board members David Duncan, Andrew Catona, Tom Barnes, and Jennifer Witt (alternate). Legal counsel was Chris Steinmetz, and staff from the Division of Planning included Eddie O'Neilla, Jeff York, Alison Richardson, Noah Stern, and Heather Stefan. The meeting covered expedited petitions, continuances, and two contested variance cases.
Consent Calendar
- The board approved a motion to waive rules of procedure to vote on all expedited petitions without additional testimony. The following seven petitions were approved unanimously (5-0) via ballot:
- 2023 DV 1032: Variance for vehicular access from Warsaw Street.
- 2023 DV 1037: Variance for a detached garage with reduced rear yard setback.
- 2023 DV 1038 (amended): Variance for a projecting blade sign.
- 2023 DV 1040 (amended): Variance for a detached garage and secondary dwelling unit with reduced side yard setbacks.
- 2023 DV 1041: Variance for parking area expansion.
- 2023 DV 1042: Variance for an attached garage with reduced side yard setback.
- 2023 DV 1039: Variance for duplex construction with reduced lot width and open space.
Public Comments & Testimony
- 2022 UV 1009 (rehearing): Petitioner Sylvia Miller (representing S&S Center LLC) argued for a permanent variance to continue automobile and motorcycle sales at 8930 West Washington Street, citing existing use, lack of neighborhood impact, and detrimental reliance on a prior temporary variance. Support was voiced by Charles Hunt, an adjacent property owner. Remonstrator Brian Twee (representing the Indianapolis Airport Authority) opposed, citing comprehensive plan incompatibility, environmental sensitivity (floodway), prior violations, and lack of hardship. Staff recommended denial.
- 2023 UV 1014: Petitioner Anna Crohn (representing The Auto Center) requested a use variance for a personal motor vehicle repair shop at 7006 Southeastern Avenue, highlighting the building's 140-year history of similar use and community support. Greg Earl, the business owner, provided details on operations. No opposition was present. Staff recommended denial due to concerns about outdoor storage and comprehensive plan consistency.
Discussion Items
- 2022 UV 1009: The board deliberated on the petitioner's compliance with prior commitments, support from the dissolved Bridgeport Neighborhood Alliance, and the lack of evidence of hardship. Staff noted that the comprehensive plan recommended community commercial use, not outdoor auto sales, and that the property was in a floodway and environmentally sensitive area. The board voted 5-0 to deny the variance.
- 2023 UV 1014: The board questioned the petitioner about outdoor storage, overnight parking, and paving. The petitioner agreed to commitments: (1) limit outdoor storage during the day to 25% of the gross floor area of the auto repair operations, (2) no overnight outdoor storage of vehicles, and (3) hard-stripe all parking spaces within 12 months. The board approved the variance 5-0.
Key Outcomes
- 2022 UV 1009: Denied (5-0). The board will adopt findings of fact in support of the denial.
- 2023 UV 1014: Approved (5-0) with the three commitments listed above.
- Continuances and Withdrawals:
- 2023 UV 1018 (5524 Georgetown Road) continued to October 3, 2023, without additional notice.
- 2023 UB 1017 (2352 Burke Street) continued automatically to the next meeting.
- 2023 DV 1043 (1710 West Morey Street) withdrawn by the petitioner.
- The board also acknowledged receipt of findings for previously approved petitions.
Meeting Transcript
Good afternoon, everybody. I'm gonna call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division One. I am Peter Nelson, Chairperson of Division One. The other board members present are David Duncan, Andrew Cotona, and Tom Barnes, an alternate from Division II. We are expecting a fifth, Jennifer Witt, so if you see another person pop up here, that's that's who it is. Uh 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, Jeff York, Senior Planner, Alison Richardson, Senior Planner, Noah Stern, Associate Planner, and Heather Stefan, 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 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 a 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 all 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 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 of way 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, must be proved 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 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's decision. 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? All right. Before we hear special requests, 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 individual petitioners. Can I get a motion from the board? Duncan so moved. And is there a second? Catona seconded. Motion and second. I'm calling for a vote. Duncan. Duncan, yes. Catona. Catona, yes.
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