Metropolitan Board of Zoning Appeals Division 1 Public Hearing - July 2, 2024
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Metropolitan Board of Zoning Appeals Division 1 Public Hearing - July 2, 2024
The Metropolitan Board of Zoning Appeals Division 1 held a public hearing on July 2, 2024, at 6:00 PM. Acting Chairperson Peter Nelson presided, with board members David Duncan, Andrew Cotona, and Natalia Rodriguez Hilt. Legal counsel Chris Steinmetz and planning staff were present. The hearing covered continuances, expedited cases, and two contested variance petitions.
Consent Calendar
- Expedited Cases (All Approved Unanimously):
- 2024-DV1-020 (4521 Norwaldo Ave): Variance for an attached garage with an 11-foot north side setback (15 feet required). Granted 4-0.
- 2024-DV1-022 (4450 Evanston Ave): Variance for a duplex on a 40-foot wide 5,880 sq ft lot (60-foot/7,200 sq ft required). Granted 4-0.
- 2024-UV1-010 (7170 Doris Drive): Variance of use for an adult family care facility (up to four individuals). Granted 4-0.
- 2024-UV1-006 (2052-2102 South Meridian St): Variance of use for a substance abuse treatment facility within 200 feet of a protected district. Granted 4-0.
Public Comments & Testimony
- Petition 2024-UV1007 (5075 W 38th St):
- Deborah Denman (So Host Capital) opposed, citing noise and environmental concerns for an adjacent planned youth sports facility.
- Lisa Zapst (Eagle Neighborhood Association) opposed, seeking to maintain beautification and address environmental hazards along the 38th Street corridor.
- Petition 2024-DV1-023 (6325 East Southport Rd):
- Tyler Mitchell, HOA president of Feather Run, presented a petition signed by 14 homeowners opposing the pole barn due to existing noise and nuisance from vehicle work.
- Petition 2024-DV1-021 (3559 Central Ave):
- No opposition testimony was offered.
Discussion Items
- Continuances and Special Requests:
- 2024-UV106 (Summit Indianapolis LLC, South Meridian St): Moved to the expedited docket with commitments dated July 2, 2024, after agreements with neighborhood associations. Approved unanimously.
- 2024-UV1009 (1307 High School Rd): Automatic continuance to August 6, 2024. Acknowledged.
- 2024-DV1017 (2719 Madison Ave): Continuance to August 6, 2024, due to insufficient notice. Approved unanimously.
- 2024-UV1007 (5075 W 38th St): Discussed but no continuance requested; petitioner proceeded with hearing.
- Petition 2024-UV1007 – Arnid LLC (5075 W 38th St):
- Petitioner David Bate (attorney) and Wayne Franz (director) argued the lot has been used for vehicle parking for 40 years and that repairs have ceased. They sought to maintain overflow inventory parking without additional landscaping or a transitional yard. Staff recommended denial, citing significant deviation from zoning, lack of legal establishment, and non-compliance with the transitional yard requirement (abutting D4 district). The board voted 2-1 (Chairperson Nelson and Board Member Rodriguez Hilt opposed, Board Member Duncan in favor; one member vote not recorded) to deny the variance.
- Petition 2024-DV1-021 – Denise Garcia (3559 Central Ave):
- The petitioner requested a front setback variance (14.5 feet vs. 20 feet required) to add a 600 sq ft first-floor bedroom and laundry for aging in place. Staff recommended denial due to lack of elevations and practical difficulty. After discussion, the board approved with commitments: administrative review of elevations and site plan, requiring height consistent with existing structure, exterior materials matching surrounding area (within Central Court North/South horseshoe and two blocks on Central Avenue), and adherence to neighborhood infill standards. Approved 4-0.
- Petition 2024-DV1-023 – Brian Antiphany and Lee Ann Elliott (6325 East Southport Rd):
- Petitioner Josh Smith (RG Development) requested variances for a pole barn two feet taller and 195 sq ft larger than the primary dwelling, for hobby vehicle storage. Staff recommended denial, citing self-imposed hardship and incompatibility with residential character. The board denied the petition 4-0.
Key Outcomes
- Granted:
- Four expedited variances (unanimous).
- Variance for 3559 Central Ave with conditions (4-0).
- Denied:
- Variance for 5075 W 38th St (2-1, tie vote resulted in denial).
- Variance for 6325 East Southport Rd (4-0).
- Continued:
- Petitions 2024-UV1009 and 2024-DV1017 to August 6, 2024.
- 2024-UV106 moved to expedited docket.
- Other: Findings of fact for approved petitions (except Central Ave) to be signed; administrative approval process set for Central Ave project.
Meeting Transcript
Good afternoon, everybody. Going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I am Peter Nelson, Acting Chairperson of Division 1. Other board members present are David Duncan, Andrew Cotona, and Natalia Rodriguez Hilt. 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 Ulenake, Senior Planner, Noah Stern, Senior Planner, Michael Weigel, Senior Planner, Melanie Evans, Acting Specialist and Secretary to the Board, and Marty Weiste, Senior Board 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 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 the 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 the 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 landscape engine 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 these conditions imposed by the board must be approved 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 and 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 for 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's 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. Any direction to take action on a request. So meaning a 2-2 vote will be automatically continued to the next hearing. 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. Is there a motion? Duncan so moved. And a second. Rodriguez Hilt, second. All right, I'll call for a vote. Uh Duncan. Duncan, yes. Rodriguez Hilt. Rodriguez Hilt, yes.
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