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Record of Proceedings

Metropolitan Board of Zoning Appeals Division 1 Hearing - December 3, 2024

Board of Zoning Appeals I — Tuesday, December 3, 2024
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, December 3, 2024
StatusFILED
Video Record
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Transcript — Verbatim
0:03

All right, good afternoon.

0:04

I'm gonna call this meeting to order.

0:06

Uh we have a big agenda, so I want to be respectful of everyone's time today.

0:10

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

0:14

I am Peter Nelson, Chairperson of Division 1.

0:17

Other board members present are David Duncan, Natalia Rodriguez Hilt, and Andrew Catona.

0:21

Legal Counsel for the Board today is Chris Steinmetz.

0:24

Staff members present today from the division of planning are Eddie Onea, Principal Planner 2.

0:29

Robert Ulenhake, senior planner, Michael Weigel, senior planner, Noah Stern, senior planner, Kaya Mullins, Associate Planner, Marty Weestie, uh Senior Board Specialist and Secretary to the Board.

0:40

The board has copies of the zoning ordinances that'll be incorporated by reference into the record of each case heard today.

0:49

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

0:53

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

0:58

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.

1:09

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

1:14

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

1:18

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 to the petition.

1:36

Staff will then present the administrator's comments regarding the petition.

1:40

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

1:44

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

1:48

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

1:55

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

2:00

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.

2:08

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.

2:19

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.

2:29

The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions.

2:35

The installation of landscaping and screening, the paving of parking area, and the dedication of rights away are examples.

2:41

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

2:47

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

2:54

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

3:00

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

3:08

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.

3:15

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.

3:24

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

3:27

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

3:35

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

3:41

I will note there are only four members present today.

3:44

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

3:47

So if a vote falls as two two, it will be automatically continued to the January 7th hearing as an indecisive vote.

3:56

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

4:02

Board members, you have been provided meeting minutes for our November 7th meeting.

4:06

Uh right here.

4:16

Duncan, so moved.

4:18

Sir second.

4:19

Catona seconded.

4:20

All right, I'll ask for a vote on approval of the meeting minutes.

4:23

Duncan?

4:24

Duncan, yes.

4:25

Rodriguez Hilt.

4:26

Rodriguez Hilt, yes.

4:27

Katona.

4:28

Katona, yes.

4:28

And Nelson votes yes.

4:31

All right.

4:31

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

4:37

All right, seeing no one.

4:39

Uh 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 petitioners.

4:51

Is there a motion?

4:53

Duncan, so moved.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████52%
Procedural████████████████18%
Sign Regulation███████8%
Transportation███████8%
Transportation Safety█████6%
Community Engagement███4%
Traffic Calming██2%
Commercial Use Regulation█1%
Affordable Housing█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division 1 Hearing - December 3, 2024

The Metropolitan Board of Zoning Appeals Division 1, chaired by Peter Nelson, convened on December 3, 2024, at 6:15 PM. The board heard multiple continuance and waiver requests, five expedited petitions, and four regular variance cases. Decisions included approvals, denials, one indecisive vote leading to a continuation, and a transfer to another division. Public testimony was heard on several cases, with community organizations and residents expressing opposition or support.

Consent Calendar

  • Approval of Minutes: Unanimously approved the minutes from the November 7, 2024 meeting.
  • Waiver of Rules for Expedited Petitions: Unanimously approved to allow the board to vote on all expedited petitions without additional testimony.
  • Automatic Continuance Acknowledged: Case 2024-UV1-027 (7720 West New York Street) was continued to January 7, 2025, by a registered neighborhood organization.
  • Withdrawal Acknowledged: Case 2024-DV1-040 (3033 Sutherland Avenue) was withdrawn by the petitioner.
  • Commitment Acknowledged: For case 2024-DV1-039 (5402 East Thompson Street), the board acknowledged a commitment associated with the staff's approval recommendation.

Public Comments & Testimony

  • Case 2024-UV1-028 (O'Reilly Auto Parts): Bob Polk, representing the Southport Green HOA, opposed the variance, citing a restrictive covenant prohibiting auto-related businesses and arguing the notice sign was poorly placed. He expressed concern about toxic chemicals and setting a precedent for more intense uses.
  • Case 2024-UV1-014 (Child Care Facility): Susan Blair, president of the Pike Township Residence Association (PTRA), opposed the petition, citing safety concerns over parking, maneuverability, and traffic at the intersection of Lafayette and Shanghai Roads. She noted a unanimous vote against the petition by PTRA's board.
  • Case 2024-UV1-023 (Grocery/Event Center): Susan Blair (PTRA) and Kerry Manders (Crooked Creek Community Land Use Committee) opposed the petition, arguing the uses are too intense for the C1 zoning, would increase traffic on Michigan Road, and violate the long-standing Michigan Road Corridor Plan. They noted the intersection at 79th and Michigan was selected for a crash study due to high accident rates.
  • Case 2024-UV1-022 (Contractor Business): Bob Lutz, attorney for the Town of Claremont, expressed conditional support for the petition with three conditions (personal to petitioners, no outside storage, shed design) but noted the petitioner's absence.
  • Case 2024-DV1-031 (Pylon Sign): Elizabeth Bence Williams, land use planner for the petitioner, presented the need for a fifth freestanding sign due to the private street status of Harrington Place. No remonstrators spoke.
  • Case 2024-DV1-030 (Garage Height): James Mack, architect for the petitioner, explained the need for extra height to store equipment. He noted support from the Pike Township Residence Association with commitments.

Discussion Items

  • Continuances and Waivers: Several continuances were granted:
    • Case 2024-UV1-024 (4723 South Emerson) continued to January 7, 2025, without additional notice.
    • Case 2024-DV1-041 (2844 Ruckle Street) granted a 10-day waiver for mailed notice.
    • Case 2024-DV1-039 (5402 East Thompson) granted a 9-day waiver for mailing and 5-day for sign posting.
    • Case 2024-UV1-028 (6855 East Southport) granted a 5-day waiver for sign posting and 9-day for mailing.
    • Case 2024-DV1-042 (8002 North Pennsylvania) granted an 8-day waiver for both sign and mailing.
    • Case 2024-DV1-033 (7401 Holiday Drive West) continued to January 7, 2025, to allow the Town of Meridian Hills to vote on the matter.
    • Case 2024-UV1-029 (1629 North Rural Street) granted an 11-day waiver for both sign and mailing.
    • Case 2024-DV1-037 amended (2402 East 38th Street) continued to January 7, 2025, with additional notice due to a deficient variance request.
    • Case 2024-UV1-017 (1016 Tecumseh Street) continued to January 7, 2025, noted as the third and final continuance supported by staff.
    • Case 2024-DV1-043 (1221 West 33rd Street) granted a 9-day waiver for both sign and mailing.
    • Case 2024-DV1-038 (2511 Columbia Avenue) continued to January 7, 2025, with additional notice.
  • Expedited Petitions: Five cases were voted on under the waiver of rules. All were granted unanimously (4-0):
    • 2024-DV1-039: Variance for two pump island canopy signs at 5402 East Thompson Street.
    • 2024-DV1-041: Variance for a duplex at 2844 Ruckle Street.
    • 2024-DV1-042: Variance for a covered rear porch at 8002 North Pennsylvania Street.
    • 2024-DV1-043: Variance for a single-family dwelling side yard setback at 1221 West 33rd Street.
    • 2024-UV1-029: Variance of use to convert a detached garage into a dwelling at 1629 North Rural Street.
  • Case 2024-DV1-031 (Pylon Sign, 5402 East Thompson): Petitioner argued the sign is needed for businesses west of Harrington Place, a private street. Staff recommended denial, citing the ordinance limits two freestanding signs for an integrated center and noting building signage and GPS as alternatives. The board granted the variance 3-1 (Rodriguez Hilt dissenting) with commitments including no additional pylon signs and non-illumination.
  • Case 2024-DV1-030 (Garage Height, 8002 North Pennsylvania): Petitioner sought a 2-foot height increase for a detached garage to store equipment. Staff recommended denial, citing unwanted precedent and lack of practical difficulty. The board granted the variance 4-0 with commitments (no living space, no active business operation).
  • Case 2024-UV1-014 (Child Care, 6301 Lafayette Road): Petitioner proposed a child care facility with reduced parking and enrollment. Staff and PTRA opposed due to safety concerns over limited parking, maneuverability, and traffic at the intersection. The board denied the variance 4-0.
  • Case 2024-UV1-022 (Contractor Business, 911 Crawfordsville Road): The petitioner was absent. The Town of Claremont offered conditional support. The board continued the case and transferred it to Division 3 on December 17, 2024, to allow the petitioner to appear.
  • Case 2024-UV1-023 (Grocery/Event Center, 7780 Michigan Road): Petitioner proposed a grocery store, eating establishment, and event center in a C1 zone. Staff, PTRA, and Crooked Creek community opposed, citing intensity, traffic, and violation of the Michigan Road Corridor Plan. The board voted 2-2 (Rodriguez Hilt and Catona in favor, Duncan and Nelson opposed), resulting in an indecisive vote and continuation to January 7, 2025.
  • Case 2024-UV1-028 (O'Reilly Auto Parts, 6855 East Southport): Petitioner sought a variance to operate an auto parts store in a C3 zone. Staff recommended denial, citing the use as automobile repair under the ordinance. A remonstrator cited a restrictive covenant. The board denied the variance 3-1 (Rodriguez Hilt dissenting).

Key Outcomes

  • Expedited Cases: All five granted unanimously.
  • Case 2024-DV1-031: Granted (3-1) with commitments.
  • Case 2024-DV1-030: Granted (4-0) with commitments.
  • Case 2024-UV1-014: Denied (4-0).
  • Case 2024-UV1-022: Continued to December 17, 2024, and transferred to Division 3.
  • Case 2024-UV1-023: Indecisive vote (2-2), continued to January 7, 2025.
  • Case 2024-UV1-028: Denied (3-1).
  • All Continuance and Waiver Requests: Approved as noted above.

Meeting Transcript

All right, good afternoon. I'm gonna call this meeting to order. Uh we have a big agenda, so I want to be respectful of everyone's time today. Uh this is a public hearing of the Metropolitan Board of Zoning Appeals, Division 1. I am Peter Nelson, Chairperson of Division 1. Other board members present are David Duncan, Natalia Rodriguez Hilt, and Andrew Catona. 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 Ulenhake, senior planner, Michael Weigel, senior planner, Noah Stern, senior planner, Kaya Mullins, Associate Planner, Marty Weestie, uh Senior Board Specialist and Secretary to the Board. 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 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 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 away 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 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 any action on a request. So if a vote falls as two two, it will be automatically continued to the January 7th hearing as an indecisive vote. We will take this into consideration when hearing requests for continuances. Board members, you have been provided meeting minutes for our November 7th meeting. Uh right here. Duncan, so moved. Sir second. Catona seconded. All right, I'll ask for a vote on approval of the meeting minutes. Duncan? Duncan, yes. Rodriguez Hilt.

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