Metropolitan Board of Zoning Appeals Division One Public Hearing - April 2, 2024

The Metropolitan Board of Zoning Appeals Division One held a public hearing on April 2, 2024, at 6:00 PM, chaired by Acting Chairperson Peter Nelson with members Jennifer Witt and Andrew Cotona. Legal counsel was Chris Steinmetz, and staff from the Division of Planning were present. The hearing addressed several variance petitions, including expedited cases, continuances, and non-expedited cases. Below is a summary of each agenda item as they were heard.

2024-DV1-011 – Minor Waiver of Notice (Southeast Neighborhood Development)

• Petitioner: Kelly Mergot, president of Southeast Neighborhood Development (SEND), requested a minor waiver of notice for case 2024-DV1-011 (105 East Moore Street). Notice was mailed four days late; signs were posted 19 days prior.
• Public Testimony: No opposition to the waiver was voiced.
• Staff Position: Not opposed to the four-day waiver.
• Board Vote: Unanimously approved the waiver. (Motion by Witt, second by Cotona, all yes.)

2024-DV108545 – Automatic Continuance (545 Southeast Street)

• Staff noted a request for automatic continuance by a registered neighborhood organization; the board acknowledged the continuance to May 14, 2024.

2024-DV-1005 – Withdrawal (1639 Lafayette Road)

• Petitioner: Requested withdrawal of the petition, which was acknowledged by the board.

2024-UV-1002 – Expedited Petition (1125 Worcestershire Avenue)

• Property: 1125 Worcestershire Avenue, Center Township, zoned I2. Request for variance to establish a single-family dwelling with a zero-foot south side yard setback (10 feet required).
• Public Testimony: No one from the audience expressed interest.
• Board Vote: Unanimously approved (all three members voted yes).

2024-DV3001 – Variance for Fence and Driveway (6027 Castle Bar Circle)

• Petitioners: Audrey Dressel (owner) represented by attorney Russell Brown. Requested variances to legalize a 6-foot-tall fence in the front yard (maximum 3.5 feet) and an 88-foot-wide parking area in the front yard (maximum 30 feet). The driveway had been replaced with concrete in the same location as the original asphalt, and the fence replaced a 4-foot fence. Dressel’s parents built the home in 1963.
• Public Testimony in Support: Brown argued the property is unique (corner lot with primary orientation toward cul-de-sac), that improvements were substantially the same as historic conditions, and that 105 residents signed a letter of support.
• Public Testimony in Opposition: Blair Austin (president of Devonshire Five Civic Association) submitted a letter of opposition, stating the fence is out of place and the parking area expanded. Tom Dempsey (neighbor) cited safety concerns (blocked sight lines) and called the fence an eyesore. Beth Austin (neighbor) submitted two letters of opposition, raising public safety and visual impacts, and noted rumors of a planned bed-and-breakfast.
• City-County Counselor Dan Boots (District 3) spoke in opposition, emphasizing that retroactive requests are problematic and that the self-imposed hardship should not burden neighbors.
• Staff Position: Opposed to both variances. Staff stated the fence does not match development patterns, the driveway width violates code, and no practical difficulty exists.
• Board Vote: The variance was split into two parts:
  • Part A (fence): Cotona (no), Witt (yes), Nelson (no) – split vote, continued to next hearing.
  • Part B (parking area): Cotona (yes), Witt (yes), Nelson initially said yes then corrected to no – split vote, continued to next hearing.

2024-DV1006 – Variance for Detached Garage (5565 Bertha Street)

• Petitioners: Juan Carlos Lopez Cortez and Sylvia Canchola Medina (owners). Requested variance to allow a detached garage within an electrical utility easement with a 4.5-foot rear setback and 2-foot east side yard setback (5 feet required). Garage built without permits; petitioners are low-income and built the garage themselves.
• Public Testimony: No remonstrators appeared.
• Staff Position: Recommended denial due to encroachment into utility easement (by about 0.5 feet), lack of permits, and no practical difficulty.
• Board Vote: Witt (yes), Nelson (no), Cotona (yes) – split vote, continued to May 14, 2024.

2024-DV1009 – Variance for Pole Barn (774 36 West Henry Street)

• Petitioner: Ryan Freeman (general contractor) for Charles and Claire Powell. Requested variance to construct a 1,728 sq. ft. pole barn (larger than the 1,208 sq. ft. primary residence, which is not permitted). The property is in a floodplain; structure would be 143% the size of the house.
• Public Testimony: No remonstrators appeared.
• Staff Position: Recommended denial; no practical difficulty; multiple smaller buildings could meet ordinance.
• Board Questions: Concerns about the size and potential commercial use (vehicles visible on Google Earth), but petitioner stated personal use only.
• Board Vote: Nelson (no), Cotona (no), Witt (yes) – split vote, continued to May 14, 2024.

2024-DV1010 – Variance for Fourth Freestanding Sign (5435 East Thompson Road)

• Petitioner: Jason Lucas (Farnsworth Group) for GOC Realco LLC. Requested variance for a fourth primary freestanding sign along Thompson Road (maximum two allowed), with a 1-foot front setback (5 feet required) and separation of 40 feet (required 245 feet). The site is in a C4 zone.
• Public Testimony: No remonstrators appeared.
• Staff Position: Strongly opposed, stating the request would create visual clutter and oversaturation of signage, contrary to ordinance rules designed for integrated commercial centers. Alternative signage (wall signs, multi-tenant sign 40 feet away) is available.
• Board Vote: Unanimously denied (Nelson no, Cotona no, Witt no).

2024-DV1-011 – Variance for Four-Unit Townhouse (105 East Moore Street)

• Petitioners: Kelly Mergot (SEND) and Scott Perkins (architect, Black Line Studios). Requested multiple variances to construct a four-unit affordable rental townhouse on a 4,196 sq. ft. lot (minimum 5,000 sq. ft. required), with reduced setbacks, zero off-street parking (three on-street spaces counted per ordinance), and encroachment into the clear site triangle. The project received City of Indianapolis Vacant to Vibrant funding and design approval from the city architect.
• Public Testimony in Support: Petitioner argued the project addresses affordable housing needs, received neighborhood association approval, and is consistent with missing middle housing goals.
• Public Testimony in Opposition: DiMario Vitalis (owner of adjacent properties) raised concerns about lot size non-compliance, insufficient side yard setback (3 feet next to his property), lack of parking, traffic safety, utility access, trash, and property values. Greg Clausen (neighbor and retired architect) emphasized safety hazards (fire access, sight lines), zero usable open space, and poor design for the site.
• Staff Position: Recommended approval. Staff clarified that per ordinance, on-street parking counts reduce the parking variance to one space. The D5 zone permits up to four units on lots as small as 3,500 sq. ft. The proposed setbacks are greater than the previous development on the site. The clear site triangle encroachment is not unique in the neighborhood, and no objections from the Department of Public Works were raised.
• Board Vote: Chairperson Nelson voted yes. The petition passed (specific tallies of other members not fully recorded, but the chair declared approval). However, due to issues with the proposed findings of fact, the case was continued to the next meeting for adoption of clean findings.

Key Outcomes

• Approved (with cleanup): Variance for 105 East Moore Street (four-unit townhouse).
• Denied: Variance for fourth sign at 5435 East Thompson Road.
• Continued (split votes):
  • Fence and parking variance for 6027 Castle Bar Circle (both parts continued).
  • Garage variance for 5565 Bertha Street.
  • Pole barn variance for 774 36 West Henry Street.
• Other: Minor waiver of notice granted; automatic continuance acknowledged; withdrawal accepted; expedited petition approved.