Indianapolis Metro Board of Zoning Appeals Meeting – September 3, 2024
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Indianapolis Metro Board of Zoning Appeals Division One Meeting – September 3, 2024
The Metropolitan Board of Zoning Appeals Division One convened on September 3, 2024, at 6:15 PM under Chairperson Peter Nelson, with members David Duncan, Andrew Catona, and Jennifer Witt. The meeting addressed procedural items, continuances, notice waivers, and two variance petitions. Four members were present; three votes were required for action. Several cases were continued or transferred, and two non-expedited petitions were heard in full, with one granted subject to commitments.
Public Comments & Testimony
- Carol Barker (6334 Walton Street, 46241), a nearby neighbor, spoke against a four-day notice waiver for petition 2024-UV-1009, stating neighbors had insufficient time to organize petitions.
- Jenny Jones (1250 South High School Road) expressed concern about the waiver but was willing to accept it if directly affected neighbors were satisfied.
- John Matthews (1309 South High School Road), an adjacent business owner, opposed the continuance and transfer of petition 2024-UV-1009, citing prolonged uncertainty for businesses.
- Eugene Parsley (2282 Union Street), co-chair of the South Village Neighborhood Association, opposed the variance request in 2024-DV-1017 (Madison Avenue), citing prior commitments against outdoor storage, safety concerns with barbed wire near a school and park, and desire for more neighborhood-enhancing development.
Discussion Items
2024-DV-1017 – 2715 & 2719 Madison Avenue (Storespace Self-Storage)
The petitioner sought a variance to retain existing six-foot chain-link fences topped with barbed wire and gates encroaching into clear-site triangles along East Street. Staff opposed, citing zoning prohibitions on chain-link fences in front yards, barbed wire (except for penal institutions), and lack of practical difficulty. The petitioner initially offered to remove barbed wire and change fence material. After board questions and remonstrator input, the petitioner requested a continuance to October 1, 2024, to review design alternatives with the management team and neighborhood association. The board granted the continuance unanimously.
2024-DV-1027 – 5101 East Thompson Road (BET Investments – Chick-fil‑A, Crew Car Wash)
The petitioner requested variances for drive-through stacking in front yards, missing bypass aisles, exceeding parking maximums, and landscaping deficiencies (green factor score of 0.05 vs. required 0.22). Staff recommended denial, arguing the site (a vacant former Kmart) offered full redevelopment flexibility and the variances were excessive. The Franklin Township Civic League supported the project with a commitment against billboards. After discussion, the petitioner agreed to four commitments: (1) add a bailout/punch-out for the Chick-fil‑A drive-through stack to allow early exit; (2) maintain ornamental trees along Thompson Road to ensure height and mature spread; (3) contribute 50 trees to the tree fund (if established) to improve the green factor score; and (4) honor the no-billboard commitment. The board voted 4–0 to grant the variance with those commitments.
Key Outcomes
- Approved minutes from the July 2, 2024, meeting.
- Notice waivers granted for: 2024-UV-1009 (4 days, 3-0 with one recusal), 2024-UV-1012 (2 days, unanimous), and 2024-UV-1016 (5 days, unanimous).
- Continuances/transfers approved:
- 2024-UV-1009 transferred to Division Three meeting on September 17, 2024 (3-0).
- 2024-UV-1015, 2024-DV-1025, and 2024-UV-1014 all continued to October 1, 2024, unanimously.
- 2024-DV-1017 continued to October 1, 2024, unanimously.
- Expedited petitions granted unanimously:
- 2024-UV-012 (35 N Lynnhurst Drive) – variance for wholesale operation in existing building.
- 2024-UV-016 (11263 Mays Road) – variance for silt fence assembly operation.
- 2024-DV-1027 granted with commitments (4-0 vote): bailout lane, tree maintenance, tree fund contribution of 50 trees, and no billboards.
Consent Calendar
- Procedural items (rules waiver, minutes approval, automatic continuances for 2024-UV-011 and 2024-UV-1013) were handled without objection.
Meeting Transcript
Good afternoon, everyone. 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. Other board members present are David Duncan, Andrew Catona, and Jennifer Witt. Legal counsel for the board today is Chris Steinmetz. Staff members present from the Division of Planning are Eddie O'Neilla, Principal Planner 2. Robert Ulinake, Senior Planner, Michael Weigel, senior planner, Kaya Mullins, associate planner, 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 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 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 the 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 areas, 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 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. I will note there are only four members present today. It requires three votes to take action on any request. So we will take this into consideration when hearing requests for continuance. If your petition receives an indecisive vote, that is a two-two vote, your petition will be automatically continued to the October 1 2024 hearing. 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. Duncan so moved. Is there a second? Catona seconded. All right, motion and a second. Call for a vote. Duncan.
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