Metropolitan Board of Zoning Appeals Division 1 Public Hearing – May 6, 2025

The Metropolitan Board of Zoning Appeals Division 1 convened on May 6, 2025, at 6:00 p.m. (UTC) under Chairperson Peter Nelson. Board members present included Jennifer Witt, Andrew Cotona, David Duncan, and Tom Barnes. Legal counsel Chris Steinmetz and staff from the Division of Planning were also present. The meeting addressed eight expedited petitions, five non-expedited petitions, and several continuances, withdrawals, and administrative matters.

Consent Calendar

• Approval of April 1, 2025, meeting minutes – Motion by Witt, second by Duncan, approved unanimously.
• Waiver of rules for expedited petitions – Motion by Witt, second by Duncan, approved unanimously. Allowed the board to vote on expedited petitions without additional testimony.
• Expedited petitions – Eight cases were read into the record and all received unanimous votes for approval:
  • 2025-DV1-010 (sign variance)
  • 2025-DV1-011 (garage addition, side yard setback)
  • 2025-DV1-012 (sign variance)
  • 2025-DV1-013 amended (swimming pool open space)
  • 2025-DV1-015 amended (single-family dwelling foundation)
  • 2025-UV1-004 (emergency fleet terminal use and design)
  • 2025-UV1-005 (tattoo parlor use and parking)
  • 2025-DV2-007 (attached garage setbacks)

Continuances and Withdrawals

Several special requests were handled before the regular docket:

• 2025 DV207 (5734 N. New Jersey St.) – Moved to expedited docket after petitioner resolved neighbor concerns; no opposition.
• 2025 DV1016 (3406 Lafayette Rd.) – Continued to June 3, 2025, with no additional notice to address staff comments.
• 2025 SE1001 (2205 N. Sherman Dr.) – Continued to June 3, 2025, with no additional notice; first continuance request.
• 2025 UV106 (5451 Muller Rd.) – Automatic continuance to June 3, 2025, by registered neighborhood organization; acknowledged. Staff noted petition remains unpaid and may be dismissed if not paid by June 20, 2025.
• 2025 DV1017 (1421 E. Michigan St.) – Automatic continuance to June 3, 2025, by registered neighborhood organization; acknowledged.
• 2025 DV1014 (7612 W. 93rd St.) – Withdrawal requested by petitioner; acknowledged.
• 2025 UV1007 (2222 Hillside Ave.) – Withdrawal and refiling as companion petition; acknowledged.
• 2025 DV1009 (8415 W. Washington St.) – Continued to June 3, 2025, with notice due to error in legal notice; staff request.

Discussion Items

1. Case 2025-DV1-005 – 6462 Broadway Street

• Petitioner: Melissa Jackson and Andrew Melhop (represented by Hannah Abel)
• Request: Variance to allow a detached garage addition with a 1-foot south side yard setback (4 feet required) and a 3-foot rear yard setback (5 feet required).
• Staff Position: Recommended denial. The expansion (81%) exceeds the 50% exception for nonconforming structures. The dual front/rear loading lacks neighborhood precedent and would set a negative precedent.
• Public Testimony: No opposition. Petitioner argued safety for a truck with trailer and existing concrete driveway made rear-only access impractical.
• Board Discussion: Questions about alternative designs and feasibility of rear-only access.
• Vote: 2 yes (Duncan, Witt) – 3 no (Cotona, Nelson, Barnes). Variance denied.

2. Case 2025-DV1-008 – 1910 Mansfield Street

• Petitioner: Dolores Williams Bentley
• Request: Variance to allow driveway access from Mansfield Street instead of the existing alley (alley access required by ordinance).
• Staff Position: Recommended denial. The alley is improved and the driveway was built without permits; front curb cuts undermine walkability and preserve on-street parking.
• Public Testimony: Petitioner and neighbor Jennifer Ojo spoke in support, citing safety concerns – impassable alley due to fallen trees, debris, and aggressive animals, as well as the petitioner’s vision and hearing impairments. Councilor Bob Osley’s letter of support was read into the record.
• Board Discussion: Board acknowledged the petitioner’s safety concerns and neighborhood support.
• Vote: Unanimous (5-0). Variance granted.

3. Case 2025-DV1-019 – 440 & 450 Ilanco Circle (Elanco Animal Health headquarters)

• Petitioner: Indy Animal Property LLC (represented by Tyler Oaks)
• Requests: Two variances:
  • Part A: Parking spaces reduced from 9x18 ft to 8.5x18 ft (staff recommended approval).
  • Part B: 8-foot decorative fence in front yard (max 3.5 ft permitted) in the northwest corner of the campus (staff recommended denial, offered a 5-foot compromise).
• Staff Position: On Part B, staff argued 8-foot fences are inconsistent with the regional center/campus setting, pedestrian experience, and would set a negative precedent.
• Public Testimony: No opposition. Petitioner argued safety (crime report provided) and that the fence is on a private road away from public view. Neighbors and West Indianapolis Development Corporation expressed no objection.
• Board Discussion: Board asked about fence aesthetics; petitioner committed to a high-quality decorative metal fence, no spear-points, and the material shown in submitted photos. Commitment made a condition of approval.
• Vote on Part A: Unanimous (5-0). Variance granted.
• Vote on Part B: 4 yes (Duncan, Cotona, Nelson, Witt) – 1 no (Barnes). Variance granted.

4. Case 2025-DV1-020 – 1506 & 1510 Dunlap Avenue

• Petitioner: Alore Alom LLC (represented by Matthew Payton)
• Request: Variance to permit front-loaded garages occupying 56.4% of the front facade width (max 45% allowed in D5 walkable district).
• Staff Position: Recommended denial. Front-loaded garages reduce walkability and conflict with the rezone to D5; site could accommodate rear parking.
• Public Testimony: No opposition. Petitioner argued that the site was rezoned from D3 to D5 based on staff recommendation without full awareness of the walkability standards; all surrounding properties have front-loaded garages and there is no alley access. 15 neighbor letters of support.
• Board Discussion: Board noted that many nearby properties have front-loaded garages and that the site lacks sidewalks. Petitioner offered to install sidewalks and reduce curb cuts if required.
• Vote: 4 yes (Duncan, Cotona, Nelson, Witt) – 1 no (Barnes). Variance granted.

5. Case 2025-DV1-018 – 510 Kessler Boulevard West Drive

• Petitioner: Diana Steinhoff (represented by Andrew Wirt)
• Request: Variance to allow a 60-foot wide parking area in the front yard (max 30 ft permitted) and a second driveway connection (multiple connections prohibited on one frontage).
• Staff Position: Recommended denial. The expanded area would remove significant front yard open space in a rural/nature-designated area; two driveways could increase conflict.
• Public Testimony: Petitioner Diana Steinhoff spoke about safety for delivery vehicles on a dangerous curve. Remonstrator Chad Walker (neighbor) expressed concern about aesthetics and safety, but after meeting with petitioner, agreed to commitments: dense evergreen buffer along west property line, no outdoor parking, and security-only lighting.
• Board Discussion: Board accepted the commitments as conditions (landscaping subject to administrative approval). Petitioner agreed in open session.
• Vote: 4 yes (Duncan, Cotona, Nelson, Witt) – 1 no (Barnes). Variance granted.

Key Outcomes

• Minutes from April 1, 2025, approved unanimously.
• Rules waiver for expedited petitions approved unanimously.
• Eight expedited variances granted unanimously.
• Continuances granted for five cases (three to June 3, 2025; two without notice, one with notice).
• Two withdrawals acknowledged.
• Non-expedited decisions:
  • 2025-DV1-005 (Broadway garage): Denied (2-3).
  • 2025-DV1-008 (Mansfield driveway): Granted (5-0).
  • 2025-DV1-019 part A (parking space): Granted (5-0); part B (fence): Granted (4-1).
  • 2025-DV1-020 (Dunlap garage): Granted (4-1).
  • 2025-DV1-018 (Kessler driveway): Granted (4-1), with conditions (landscaping, parking restrictions, lighting).
• Meeting adjourned after all business.