Metropolitan Board of Zoning Appeals Division One Public Hearing - January 7, 2025

The Metropolitan Board of Zoning Appeals Division One met on January 7, 2025 at 6:15 PM in Indianapolis, Indiana. Chairperson Peter Nelson presided, with board members David Duncan, Jennifer Whip, Andrew Catona, and Tom Barnes. Legal counsel Chris Steinmetz and planning division staff were present. The meeting began with approval of previous minutes, a waiver of rules to allow expedited petitions to be voted on without testimony, followed by consideration of special requests and continuances, an expedited docket, and three contested public hearings.

Consent Calendar

• Approval of Minutes: The minutes from December 3, 2024 meeting were approved unanimously.

Special Requests and Continuances

• 2024 DV1048 (5541 North Kenwin Avenue): Continuance granted and transfer to Division 2 on January 14, 2025, due to late notice materials from staff. Vote 5-0.
• 2024 UV 1030 (2927 West Washington Street): Continuance granted to February 4, 2025, for floor plan updates. Vote 5-0.
• 2024 DV1044 (279/289 North Cole Street): Continuance granted to March 4, 2025, at the request of the remonstrator, with no objection from petitioner or staff. Vote 5-0.
• 2024 UV 1025 (1601 North College Avenue): Petition withdrawn by petitioner; board acknowledged.
• 2024 UV 1023 (7780 Michigan Road): Waiver of signage posting requirement granted after discussion; sign had been posted October 10 and was otherwise compliant. Vote 5-0.
• 2024 DV1037 (2402 East 38th Street): Continuance granted to February 4, 2025, without additional notice, for an amended petition. Vote 5-0.
• 2024 UV 1017 (1016 Tecumseh Street): Petition withdrawn; board acknowledged.
• 2024 DV1045 (4496 Cigaro Trail): Automatic continuance to February 4, 2025, acknowledged.
• 2024 DV1047 (1919 Mansfield Street): Waiver of notice requirement granted to allow hearing that day. Vote 5-0.
• 2024 DV1046 (8654 West 86th Street): Automatic continuance by Pike Township Association acknowledged.
• 2024 DV1033 (7401 Holiday Drive West, Town of Meridian Hills): Placed on expedited docket after polling audience and finding no opposition. Vote 5-0.
• 2024 DV1049 (3830 Meadows Drive): Originally on expedited docket, an opponent appeared; after hallway discussion, parties agreed to keep it on expedited docket.

Expedited Docket

The following four petitions were approved without additional testimony:

• 2024-DV1-033 (7401 Holiday Drive West): Variance to expand primary dwelling, reducing front yard setback to 33 feet (required 46.75 feet).
• 2024-DV1-038 (2511 Columbia Avenue): Variance to construct a two-family dwelling on a 28-foot wide lot, with reduced open space (53% vs. 60% required) and lot area (5,746 sq ft vs. 7,200 sq ft required).
• 2024-DV1-049 (3830 Meadows Drive): Variance for Health and Hospital Corporation of Marion County to construct a medical laboratory with reduced front building line (28% vs. 80% required), fewer public entries (one vs. three required), and parking/loading in front yard not permitted, with parking setback of 9.7 feet vs. 50 feet required.
• 2024-UV1-031: Variance for Paula Almanza Gonzalez and Carlos Suarez to construct a single-family dwelling and parking pad in zones where not permitted, with zero-foot rear transitional yard vs. eight feet required.

Public Hearing: Case 2024-UV1-023 – 7780 Michigan Road

Petitioner: Wagner Michigan Road LLC, represented by Ingris Velasquez, sought a variance of use to operate a grocery store, eating establishment, and event center in a C1/C3/DA zoning district. The petitioner argued that parking is ample, many nearby businesses have closed, and the project would improve the local economy. She noted that she agreed to add a second dumpster. Remonstrators: Susan Blair, President of Pike Township Residence Association (PTRA), and Carrie Michael Manders, Chair of Cricket Creek Community Land Use Committee, opposed. They argued the uses are inconsistent with the office commercial zoning and Michigan Road Corridor Plan, raised traffic safety concerns at West 79th and Michigan Road intersection (selected by a fatal crash review team in 2022 for study due to high crash rates; daily traffic counts 26,099 per INDOT), noted the site lacks a dedicated left-turn lane, and stated the petitioner declined invitations to present to PTRA and failed to post the hearing sign timely. Staff Position: Staff recommended denial, citing lack of discernible hardship, inconsistency with the comprehensive plan, concerns about traffic generation, the site's mid-block location between residential areas and Crooked Creek, and insufficient information on event center operations and delivery frequency. Outcome: The board voted 5-0 to deny the variance.

Public Hearing: Case 2024-UV1-024A – 4723 South Emerson Avenue

Petitioner: CFT NV Developments LLC, represented by Ross MacArthur (Panda Express as ultimate user), sought variances from sign regulations to install a pylon sign as a replacement for a previously existing sign removed during redevelopment. The proposed sign meets height (25 ft) and size (200 sq ft) standards but would be the third freestanding sign within 105 and 200 feet of existing signs, violating the 300-foot separation requirement. The petitioner argued the site is a separate lot not part of an integrated center, that the sign is a replacement, and that the regulations create an unintended consequence. No remonstrators appeared. Staff Position: Staff recommended denial, arguing that tearing down the sign was self-imposed, there is no practical difficulty, and the site is part of an integrated center with adjacent parcels, thus subject to stricter limits. Outcome: The board voted 3-2 to grant the variance (Duncan yes, Witt yes, Nelson yes, Catona no, Barnes no).

Public Hearing: Case 2024-UV1-027 – 7720 West New York Street

Petitioner: Elite Solutions Group LLC, represented by Mitch Sever, sought variances of use and development standards to operate a heavy truck and equipment service and repair center with outdoor storage on property zoned I-2 (light industrial). The requested variances included outdoor storage exceeding 25% of floor area of enclosed building, outdoor storage within 15 feet of a protected district (500 ft normally prohibited), and side yard setbacks of 20 ft vs. required 30 ft. The petitioner argued that they have been operating for 5 years, have 78 employees, invested over $1 million, and the city inspected 12 times without prior violation notice. They offered commitments including all repairs indoors, minor repairs only, and limited hours. Remonstrators: Brian Davidson (CEO, Hydro Serve Properties), Bradley Davidson (Executive VP), and Benjamin Huckleba (President, Alpha Engineering) opposed, representing neighboring businesses at Airport Technology Center. They raised concerns about environmental hazards (diesel fuel dumping), abandoned/junk vehicles (40 trailers, some unmoved for two years), the site operating as a salvage yard, violation of private covenants (letter from declarant Diamond Properties entered), and lack of community engagement. Staff Position: Staff recommended denial, stating the current use has never been legal, the deviations are extreme, the outdoor storage poses hazards to nearby residential districts (within 500 ft buffer), and the operation should be relocated to a site zoned for heavy industrial (I-3 or I-4). Outcome: The board voted 5-0 to deny the variance.

Other Business

• 2024-DV1-047 (1919 Mansfield Street): Petitioner James Holman not present when case was called; board granted a continuance to February 4, 2025, to be placed early on the agenda. Vote 5-0.
• The board signed findings of fact for decisions from previous meetings.