Metropolitan Board of Zoning Appeals Division 1 Meeting - February 6, 2024
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Metropolitan Board of Zoning Appeals Division 1 Meeting - February 6, 2024
The Metropolitan Board of Zoning Appeals Division 1 met on February 6, 2024, at 1:00 PM (local time) under Chairperson Peter Nelson. Board members present included David Duncan, Jennifer Witt, and Natalia Rodriguez Hilt. Legal counsel was Chris Steinmetz. Staff from the Division of Planning presented reports. The meeting handled special requests, continuances, an expedited docket, and two contested regular petitions. Key outcomes included approval of three expedited variances, denial of a special exception for a billboard relocation inside I-465, and approval of a variance for outdoor operations at a fitness center subject to commitments.
Special Requests and Continuances
- 2024 DV1001 (4120 North Illinois Street): Moved to expedited docket by motion (vote: 4-0).
- 2024 DV1002 (5449 North Pennsylvania Street): Moved to expedited docket (vote: 4-0).
- 2024 PTN014: Filing fee reduced from $1,970 to $550 per staff recommendation (vote: 4-0).
- 2023 UV1021 (7040 Rockville Road): Continued to March 5, 2024, as a final continuance (vote: 4-0).
- 2023 UV1027 (7425 Westfield Boulevard): Continued to March 6, 2024, with $579 fees transferred to a new rezoning petition (vote: 4-0).
- 2023 UV1028 (Westfield Boulevard): Withdrawn with board acknowledgement.
- 2024 DV1003 (7219 92nd Street): Automatically continued to March 5, 2024, due to a timely continuance request from Pike Township Residence Association.
Expedited Docket
- 2024 DV1001 – Variance for building additions (4-foot side yard vs. 7-foot required): Approved unanimously (4-0).
- 2024 DV1002 – Variance for building additions (9-foot rear yard vs. 20-foot required): Approved unanimously (4-0).
- 2024 DV1004 – Variance for carriage house construction (8-foot rear yard and encroachment in clear site triangle): Approved unanimously (4-0).
Public Comments & Testimony
- On 2023 SE2001A (billboard relocation): Multiple remonstrators spoke. Pat Andrews represented Marion County Alliance of Neighborhood Associations and Decatur Township Civic Council, reading a list of 12 opposing organizations. Vernon Compton (Martindale Brightwood) stated the neighborhood opposes the billboard inside I-465. Chris Staub (Near Eastside Community Organization) cited Municipal Code 74491 and prior denials of similar petitions. Tom O’Beale (Historic Urban Neighborhoods of Indianapolis) emphasized the 1971 ban on billboards inside I-465. Councillor Jesse Brown (District 13) argued that billboards correlate with economic devastation and urged upholding the ban. Gary Chuluthov asked whether the petitioner had exhausted permitted locations outside I-465.
- On 2024 UV101 (outdoor fitness center): Staff noted that three residents along Adell Drive submitted letters opposing the variance due to noise concerns. The Franklin Township Civic League also expressed opposition despite discussions on mitigation.
Discussion Items
- 2023 SE2001A – Reagan Outdoor Advertising: Petitioner Michelle Knoppenberger sought a special exception and height variance to relocate a billboard from 1720 West Thompson Road to 2400 Roosevelt Avenue inside I-465 due to the I-69/State Road 37 expansion. Staff recommended approval of the special exception only, but the board had to determine whether the height variance (60 feet vs. 40-foot limit) was already denied by Division 2 in December 2023. Board counsel confirmed the height variance was part of a prior vote and could not be reconsidered. The board voted solely on the special exception. On roll call, Rodriguez Hilt voted no, Duncan yes, Witt no, Nelson no – resulting in denial (3-1).
- 2024 UV101 – MEI Fitness: Petitioner Andy Wirt requested a variance for outdoor operations (fitness area) at 5914/5920 East Stop 11 Road. The fitness center, owned by Mel Rivera, proposed a 48'x75' fenced area with shade structures, accessible only through the building. Staff recommended denial, citing lack of hardship, incompatibility with C-3 zoning, and negative externalities. The petitioner offered four commitments: no loudspeakers, vinyl fencing, landscaping, and the variance being tied to the current tenant. The board approved the variance unanimously (4-0) with those commitments made binding.
Key Outcomes
- 2023 SE2001A (special exception) – Denied (3-1). The board determined the height variance had already been voted on by Division 2; only the special exception was before them. Negative findings of fact will include the height variance.
- 2024 UV101 (variance of use) – Approved (4-0) with commitments: no outdoor loudspeakers, vinyl fencing, landscaping substantially similar to the site plan, and the approval is personal to the petitioner. The case will be continued for adoption of findings of fact.
- Continuances and expedited approvals – All moved as noted above.
- Next hearing – March 5, 2024 (Division 1) for continued cases.
Meeting Transcript
All right, good afternoon, everybody. It's uh a little bit after one, but it seems everybody's about settled. Um so I'm gonna go ahead and call this meeting to order. Um this is a public hearing of the Metropolitan Board of Zoning Appeals at Division One. I am Peter Nelson, acting chairperson of Division One. Other board members present are David Duncan, Jennifer Witt, and Natalia Rodriguez Hilt. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Eddie O'Neill, Principal Planner 2, Robert Ulenhaik, Senior Planner, Michael Weigel, Senior Planner, Noah Stern, Associate Planner, and Melanie Evans, Acting Specialist and Secretary to the Board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinances that'll 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 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 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 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 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 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 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 is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. There are only four board members present today. It requires three votes to take any action on a request. We will take this into consideration when hearing requests for continuance. If your petition receives an indecisive vote, such as a two-two vote, your position excuse me, your petition will be automatically continued to the March 5th, 2024 hearing. Is there anyone in the audience who has any questions about our procedures? Seeing no one, 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. Is there a motion? Duncan, so moved. And a second. Second. All right, motion and a second. Call for a vote. Duncan.
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