OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metropolitan Board of Zoning Appeals Division 1 Meeting - November 7, 2024

Board of Zoning Appeals I — Thursday, November 7, 2024
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateThursday, November 7, 2024
StatusFILED
Video Record
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Transcript — Verbatim
0:03

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

0:07

I am Andrew Catona, Acting Chairperson of Division 1.

0:10

The other board members present are Jennifer Witt to my right, Tom Barnes to my left.

0:15

Legal counsel for the board today is Chris Steinmatz.

0:18

Staff members present today from the Division of Planning are Eddie O'Neill, Principal Planner, Robert Ulenik, Senior Planner, Michael Weigel, Senior Planner.

0:36

Marty Weiste, Senior Board Specialist and Secretary to the Board.

0:40

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

0:47

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

0:51

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

0:56

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

1:04

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

1:08

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

1:12

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

1:17

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.

1:27

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 of the petition.

1:37

Staff will then present the administrators' comments regarding the petition.

1:41

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

1:46

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

1:50

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

1:56

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

2:02

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 grant a variance.

2:11

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 signed 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.

2:40

The installation of landscaping and screening, the paving of parking area, and the dedication of right-aways are example.

2:46

These condition are examples.

2:49

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

2:56

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

3:05

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

3:14

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

3:22

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.

3:29

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.

3:38

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

3:42

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

3:52

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

3:57

There are three members present today.

3:59

It requires all three votes to take action on any request.

4:03

We will take this into consideration when hearing requests for continuance.

4:06

If your petition receives an indecisive vote, your petition will automatically be continued to the December 3rd, 2024 hearing.

4:15

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

4:23

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 petition expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners.

4:41

Barnes summit it do I have a second.

4:46

Witt.

4:50

I will now ask for a vote.

4:51

Barnes.

4:52

Yes.

4:53

Witt.

4:54

Witt, yes.

4:55

And Catona votes yes.

5:01

We will now consider special requests and continuances at this time.

5:12

Hi, my name is Smisty Nye with ASA above the rest LLC.

5:17

My address is 1215 East 425 North, Shelbyville, Indiana.

5:23

And this case number is 2024 DV1036.

5:30

And I am requesting a two-day waiver of notice regarding the sign posting and legal notice mailings.

5:40

Okay.

5:44

Staff, do you have any comment on the two-day request for waiver?

5:47

Thank you, Chairperson Catona members.

5:49

So the board staff has no objection as we provided the notices laid to the petitioner.

5:54

Board, we have a request for a two-day waiver for petition number 2024 DV1036.

6:03

So moved.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████52%
Sign Regulation███████████13%
Public Safety██████████12%
Fence Regulation███████8%
Procedural██████7%
Transportation█████6%
Flood Management██2%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division 1 Meeting - November 7, 2024

The Metropolitan Board of Zoning Appeals Division 1 met on November 7, 2024, at 6:00 PM with Acting Chairperson Andrew Catona, Jennifer Witt, and Tom Barnes present. The board heard multiple requests for continuances, waivers of notice, and several variance petitions. Key decisions included granting a fence variance with a condition tied to the current owner, denying a garage variance, and continuing several cases due to indecisive votes.

Consent Calendar

  • Expedited Cases (2024-DV1-034, 035, 036): All three variances were granted unanimously. These involved a building addition, a single-family dwelling, and a second drive-thru sign.
  • Waivers of Notice: Five two-day and three-day waivers were granted for petitions 2024 DV1036, 2024 UV1024, 2024 DV1034, 2024 DV1032, and 2024 DV1037 due to minor delays in mailing notices.
  • Continuances Acknowledged:
    • 2024 UV1021 (withdrawn) – acknowledged.
    • 2024 DV1033 and 2024 UV1014 (automatic continuances to December 3, 2024) – acknowledged.
    • 2024 UV1017 (continuance to December 3, 2024) – granted.
    • 2024 DV1030 (automatic continuance) – acknowledged.

Public Comments & Testimony

No public comments or testimony were offered outside of the scheduled cases.

Discussion Items

  • 2024-DV1-031 (8040 East Southport Road – DRGSF Outlaw 1 LLC): Petitioner sought a variance for a fifth freestanding pylon sign in an integrated center. The petitioner argued the sign was needed to serve future development on the west side of Harrington Drive, which is a private street, and noted that the existing signs are fully committed. The Franklin Township Civic League supported the request. Staff recommended denial, citing that the sign would contribute to sign proliferation, that the location could misdirect drivers, and that alternative signage (building/facade signs) is available. The board voted 2-1 in favor, but with three members required, the petition was continued to December 3, 2024, due to an indecisive vote.

  • 2024-UV1-019 (2562 North Bancroft Street – Edward Hansen): Petitioner sought a variance to legalize a garage built without permits within the floodway fringe. The petitioner noted that the garage was built three years ago, that an elevation certificate showed no adverse flood impact, and that all other code violations had been resolved. Staff recommended denial, arguing that the petitioner had not met the burden of proof, that the structure could be relocated or downsized to comply, and that approving a structure built without permits would set a bad precedent. The board voted unanimously to deny the variance.

  • 2024-UV1-022 (911 Crawfordsville Road – Rancho Enterprises Inc.): Petitioner sought a variance of use for a commercial contractor business. The Town of Claremont, as remonstrator, offered three conditions for support, but a complication arose because the property owner is different from the intended user. Both parties agreed to a continuance to December 3, 2024, to resolve the issue. The board granted the continuance.

  • 2024-DV1-032 (4527 North College Avenue – Heather Harvey): Petitioner requested a variance for a six-foot-tall front yard fence (ordinance allows 3.5 feet) installed for safety reasons due to a history of violent crime, including a shooting. The petitioner stated she was misinformed by city staff about fence requirements. Staff recommended denial, citing that the fence violates front yard height limits and clear sight triangle regulations, and that public safety benefits are unclear. The Meridian Kessler Neighborhood Association offered a letter of neutrality. After discussion, the board voted unanimously to grant the variance, conditioned on the fence being personal to the owner and not running with the land (must be removed or reduced upon sale).

  • 2024-DV1-037 (2402 East 38th Street – Popeyes Louisiana Kitchen): Petitioner sought variances for an additional drive-thru lane in the front yard and for primary entry transparencies. The petitioner withdrew the transparency request. The remaining variance was for adding a second drive-thru lane on the north side of the building to improve traffic flow and reduce stacking. Staff recommended denial, arguing that the drive-thru lane would be partially in the front yard of Keystone Avenue, contrary to transit-oriented development goals for walkability. The board voted 2-1 in favor, but with three members required, the petition was continued to December 3, 2024, due to an indecisive vote.

  • 2024-UV1-024 (4723 South Emerson Avenue – Panda Express): Petitioner sought variances for a pylon sign (third freestanding sign along Emerson Avenue) and for drive-thru canopy signs. The petitioner argued the sign is needed for visibility due to site constraints and traffic speed, and that the second drive-thru lane improves flow. Staff recommended denial of the pylon sign (citing sign proliferation and available alternatives) but approval of the minor drive-thru signs. The board split the vote: the pylon sign variance was continued due to an indecisive vote (2-1 in favor, but not unanimous), and the drive-thru sign variance was granted unanimously.

Key Outcomes

  • Variance Granted (with condition): 2024-DV1-032 – six-foot fence, personal to owner, does not run with land.
  • Variance Granted (unanimous): 2024-UV1-024 (drive-thru signs only).
  • Variance Denied (unanimous): 2024-UV1-019 – garage.
  • Continued to December 3, 2024: 2024-DV1-031, 2024-UV1-022, 2024-DV1-037, 2024-UV1-024 (pylon sign only).
  • All expedited cases and waiver requests were granted. No petitions were denied on a split vote without a continuance.

Meeting Transcript

This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I am Andrew Catona, Acting Chairperson of Division 1. The other board members present are Jennifer Witt to my right, Tom Barnes to my left. Legal counsel for the board today is Chris Steinmatz. Staff members present today from the Division of Planning are Eddie O'Neill, Principal Planner, Robert Ulenik, Senior Planner, Michael Weigel, Senior Planner. Marty Weiste, Senior Board Specialist and Secretary to the Board. And 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 in. 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 recording 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 of the petition. Staff will then present the administrators' 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 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 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 signed 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 paving of parking area, and the dedication of right-aways are example. These condition are examples. These conditions and commitments are an integral 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 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 as 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. There are three members present today. It requires all three votes to take action on any request. We will take this into consideration when hearing requests for continuance. If your petition receives an indecisive vote, your petition will automatically be continued to the December 3rd, 2024 hearing. Is there anyone anyone in the audience who has any questions about our procedures? 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 petition expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. Barnes summit it do I have a second. Witt. I will now ask for a vote. Barnes. Yes. Witt. Witt, yes. And Catona votes yes. We will now consider special requests and continuances at this time.

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