OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metropolitan Board of Zoning Appeals Division I Meeting - October 3, 2023

Board of Zoning Appeals I — Tuesday, October 3, 2023
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, October 3, 2023
StatusFILED
Video Record
Meeting Thumbnail
⇩ GET FROM SOURCE

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:03

Good afternoon, everybody.

0:05

I'm going to call this meeting to order.

0:06

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

0:11

I am Peter Nelson, Chairperson of Division 1.

0:14

Other board members present are David Duncan, Jennifer Witt, and Andrew Catona.

0:19

Legal Counsel for the Board today is Chris Steinmetz.

0:22

Staff members present today from the Division of Planning are Eddie Onea, Principal Planner 2.

0:27

Robert Ulenhaik, senior planner, Alison Richardson, senior planner, Brandon Badger, senior planner, Noah Stern, Associate Planner, and Heather Stefan, Senior Specialist and Secretary to the Board.

0:40

Matt Pleasant is the current planning administrator.

0:43

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

0:49

The proceedings of this hearing are governed by the board's rules of procedure.

0:53

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

0:59

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

1:05

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

1:10

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

1:15

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

1:20

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.

1:30

Remonstrators and persons appearing in opposition to the petition shall have a maximum of 15 minutes for presentation of evidence statements and arguments in opposition to the petition.

1:40

Staff will then present the administrator's comments regarding the petition.

1:44

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

1:48

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

1:52

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

1:59

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

2:03

Please limit your testimony and evidence to matters covered in the statutory requirements, which must be met in order for the board to grant the variance.

2:12

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.

2:24

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.

2:35

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

2:41

The installation of landscaping and screening, the painting paving of parking areas, the dedication of rights of way are examples.

2:48

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

2:55

Compliance with these conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion.

3:03

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

3:10

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

3:18

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.

3:26

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.

3:35

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

3:38

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

3:46

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

4:00

If that does happen, the petition will be automatically continued to the next board hearing.

4:08

And that would be November 14th.

4:13

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

4:20

All right, seeing none, before we hear special requests, I will ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners.

4:32

Is there a motion?

4:34

Duncan so moved.

4:36

And a second.

4:37

Wit and second.

4:38

All right, motion and a second.

4:40

Calling for a vote, Duncan.

4:42

Duncan, yes.

4:43

Witt.

4:44

Wait, yes.

4:45

Katona.

4:46

Katona, yes.

4:47

And Nelson votes yes.

4:48

At this time, we will consider special requests and continuances.

5:04

Chairperson Nelson, members of the board, David Kingan with offices at 618 East Market Street here before you on 2023 UV1018, property at 5524 Georgetown Road.

5:16

We had filed a request to continue this petition to your December hearing.

5:22

We um, even though the staff is supporting the use, the we have some issues with the site plan, and we need additional time to work on that.

5:30

And that request would be without additional notice, unless notice is needed.

5:37

Okay, is there anyone in the audience with interest in 2023 UV1018?

5:44

All right, seeing none, staff are you uh comfortable with the continuance?

Discussion Breakdown — Share of Meeting
Zoning and Land Use████████████████████████████████████████40%
Procedural██████████████14%
Parking Management█████████9%
Tow Regulation████████8%
Sign Regulation████████8%
Public Safety███████7%
Fence Regulation█████5%
Transportation█████5%
Traffic Calming██2%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division I Meeting - October 3, 2023

The Metropolitan Board of Zoning Appeals Division I held a public hearing on October 3, 2023, at 1:00 PM in the Public Assembly Room, City-County Building. Chairperson Peter Nelson presided, with board members David Duncan, Jennifer Witt, and Andrew Catona. Legal Counsel Chris Steinmetz and planning staff were present. The meeting covered continuances, waivers, expedited petitions, and seven public hearings on variance requests.

Consent Calendar

  • The board voted unanimously (4-0) to waive rules of procedure to allow voting on all expedited petitions without additional testimony. The three expedited petitions (2023-DV1-046, 2023-DV1-047, 2023-DV1-049) were approved as a block with votes of 4-0, subject to conditions in staff reports.

Public Comments & Testimony

  • 2023-DV1-020 (West Caven Street): A resident, Taoitha Grab, spoke about incomplete homeowner notifications but supported the continuance to allow all homeowners to be notified.
  • 2023-UV1-017 (Burke Street towing): No opposition testimony was presented.
  • 2023-DV1-045 (Manhattan Avenue fence): No opposition testimony was presented.
  • 2023-DV1-048 (Biltmore Avenue fence): An email from a neighbor opposed the fence due to obstructed views; no other opposition spoke.
  • 2023-DV1-050 (Chick-fil-A parking): No opposition testimony was presented.
  • 2023-DV1-051 (Rolls Royce signs): No opposition testimony was presented.
  • 2023-DV1-052 (IPS fence): Two remonstrators, Kelly Don Jones and Donald Jones, spoke in opposition, citing concerns about blocked access, increased traffic, litter, and safety.

Discussion Items

  • 2023-UV1-017 (Ferguson towing, 2352 Burke Street): The petitioner requested a variance to operate a towing business with outdoor storage. After testimony that the business moved most operations to a new location, the plan was amended to limit use to maintenance of four tow trucks, with no storage of towed vehicles. The petitioner committed to removing barbed wire and the dumpster. Staff recommended denial, but the board approved 4-0, subject to the plan of operation and findings of fact.
  • 2023-DV1-045 (Manhattan Avenue fence, 2236 Manhattan Avenue): Petitioner sought a 6-foot perimeter fence in the front yard (max 3.5 feet). After discussion, the petitioner committed to: (1) converting the entire front fence to chain link, (2) limiting the variance to the current owner (not running with the land), and (3) a sunset clause expiring upon construction of a building or within three years. The board approved 4-0 with these conditions.
  • 2023-DV1-048 (Biltmore Avenue fence, 1305 South Biltmore Avenue): The petitioner requested a masonry fence up to 6.2 feet tall with 6.5-foot columns in front yards, encroaching into sight triangles and right-of-way. Staff recommended denial, suggesting modifications. The petitioner agreed to lower the fence, move it out of the right-of-way, and modify the corner. The board granted a continuance to November 14, 2023, without additional notice, to allow a revised site plan.
  • 2023-DV1-050 (Chick-fil-A accessory parking, 5240/5310 East Southport Road): The petitioner requested a variance to build an accessory parking lot on a separate parcel, resulting in 108 total parking spaces (max 48). Staff opposed due to pedestrian safety and self-created parking shortage. The petitioner argued the store predated parking maximums and that the lot would eliminate employee street parking. The board approved 4-0.
  • 2023-DV1-051 (Rolls Royce signs, 2355/2001 South Tibbs Avenue): The petitioner sought eight 12-foot-tall incidental signs (max 8 feet). Staff recommended denial, citing the ability to use primary signs or relocate signs. The petitioner cited safety and visibility for large trucks on a 300-acre campus. The board approved 4-0.
  • 2023-DV1-052 (IPS fence, 2251 Sloan Avenue): Indianapolis Public Schools requested a 6-foot chain link fence in front yards of an elementary school converted to a maintenance facility and adult education center. Staff recommended denial, favoring decorative fencing. Remonstrators opposed the fence and traffic changes. The board denied the petition 1-3 (Duncan yes, Catona no, Witt no, Nelson no).

Key Outcomes

  • Continuances granted:
    • 2023-DV1-020 (West Caven Street) continued to November 14, 2023, with additional notice (4-0).
    • 2023-UV1-018 (Georgetown Road liquor store) continued to December 5, 2023, without additional notice (4-0).
    • 2023-DV1-048 (Biltmore Avenue fence) continued to November 14, 2023, without additional notice (4-0).
  • Waivers of notice granted:
    • 2023-DV1-052 (IPS fence): Two-day waiver (4-0).
    • 2023-DV1-051 (Rolls Royce signs): One-day waiver (4-0).
    • 2023-DV1-048 (Biltmore fence): Nine-day waiver (3-1, Witt dissenting).
  • Automatic continuance acknowledged: 2023-UV1-019 (Arlington Avenue towing) automatically continued due to a timely filed request.
  • Expedited petitions approved: 2023-DV1-046, 2023-DV1-047, 2023-DV1-049 (all 4-0).
  • Public hearing votes:
    • 2023-UV1-017 (Ferguson towing): Approved 4-0.
    • 2023-DV1-045 (Manhattan fence): Approved 4-0 with conditions.
    • 2023-DV1-050 (Chick-fil-A parking): Approved 4-0.
    • 2023-DV1-051 (Rolls Royce signs): Approved 4-0.
    • 2023-DV1-052 (IPS fence): Denied 1-3.
  • Findings of fact adopted: Negative findings of fact for petition 2022-UV1-009 from a previous hearing were adopted.

Meeting Transcript

Good afternoon, everybody. I'm going to call this meeting to order. This is a public hearing of the Metropolitan Board Zoning Appeals Division 1. I am Peter Nelson, Chairperson of Division 1. Other board members present are David Duncan, Jennifer Witt, and 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. Robert Ulenhaik, senior planner, Alison Richardson, senior planner, Brandon Badger, 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 will 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 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 a five-minute 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 the 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 painting paving of parking areas, 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 these conditions imposed by the board 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 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 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. If that does happen, the petition will be automatically continued to the next board hearing. And that would be November 14th. So is there anyone in the audience who has any questions about our procedures? All right, seeing none, before we hear special requests, I will ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. Is there a motion? Duncan so moved. And a second. Wit and second. All right, motion and a second. Calling for a vote, Duncan. Duncan, yes. Witt. Wait, yes.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com