MBZA Division 1 Public Hearing Summary - November 4, 2025
Metropolitan Board of Zoning Appeals Division 1 - November 4, 2025
The Metropolitan Board of Zoning Appeals, Division 1, convened on November 4, 2025, to hear requests for variances, continuances, and procedural waivers. The board, consisting of Chairperson Peter Nelson, Members Jennifer Witt, Andrew Cotona, and David Duncan, addressed administrative requests, including notice waivers and case continuances, before proceeding to public hearings on specific zoning variance petitions.
Consent Calendar
- The Board unanimously approved the minutes from the September 2nd and October 7th hearings.
Public Comments & Testimony
- Harry Hicks expressed that he is "100% unable to afford" the cost of mailing notice to over 100 neighborhood organizations and requested a waiver of the procedural rule requiring such notification for a storage container variance petition (2025 UV1019). He argued the request was for a simple 20-foot container on concrete, previously set by neighbors on gravel, and asked for relief from fines.
- Joe Calderon (Petitioner for 2025 DV1051) requested a continuance and transfer to Division 2 to align with a Pike Township Residents Association meeting.
- Petitioner for 2025 DV1049 (Augustine Alcoutter) testified that neighbors generally supported the property's appearance, stating the community "appreciates beautiful homes that are built well," while expressing frustration over a specific neighbor's disputes and the inability to use the rear alley due to poor conditions.
Discussion Items
- Procedural Waiver Request (2025 UV1019): Petitioner Harry Hicks requested a waiver of Article 4 Section 1B Rule 8 to avoid mailing notices to 200+ organizations, citing financial hardship. Staff expressed strong opposition, recommending denial to preserve public participation precedent and noting the rules require notification to all addresses on the list provided by the Department of Metropolitan Development. Staff clarified that notice letters do not require notarization, only a signed affidavit.
- Petition 2025 DV1042 (8415 West Washington Street): Petitioners Greg and Seth Dotson requested variances to reduce side yard setbacks from 30 feet to 20 feet and transitional setbacks from 50 feet to 40 feet to accommodate two industrial buildings and a third row of parking (90 spaces total). The Indianapolis Airport Authority and Indy Gateway Neighborhood Organization opposed the request, stating the development was "overdeveloped" and that the site could be built with one building and fewer spaces without variances. Staff recommended denial, characterizing the need for variances as a "self-imposed hardship" driven by the desire for extra parking.
- Petition 2025 UV1015 (488 South Rochester Avenue): No petitioner or representative appeared at the hearing. Staff recommended a one-time continuance to allow for the submission of new findings of fact and to ensure attendance at the next hearing.
- Petition 2025 DV1049 (250-258 North Addison Street): Petitioner Augustine Alcoutter requested variances for a front yard fence exceeding the 3.5-foot height limit (reaching up to 6 feet 3 inches) and for direct driveway access from Addison Street rather than an alley. Staff recommended denial, citing public safety concerns regarding clear sight triangles, the violation of walkable neighborhood guidelines, and the fact that the alley was in good condition. The petitioner argued the rear alley was unusable due to damage and that the driveway was always present.
Key Outcomes
- Continuance Granted: Petition 2025 UV1019 (Harry Hicks) was continued to the December 2nd hearing to allow time to address notice requirements and contact enforcement officers regarding fines.
- Transfer Granted: Petition 2025 DV1051 was continued and transferred to Division 2 for the November 18th hearing.
- Acknowledgment: Petition 2025 DV1050 was acknowledged as continued via an automatic continuance filed by a Registered Neighborhood Organization.
- Continuance Granted: Petition 2025 UV1014A was continued to the December 2nd hearing due to the petitioner's mandatory court deposition.
- Waiver Granted: A six-day waiver of notice requirements was granted for Petition 2025 DV1049 to account for staff delay in providing materials.
- Dismissal Granted: Petition 2025 UV1009 was dismissed after four continuances, with the petitioner failing to appear.
- Variance Denied (2025 DV1042): The request to reduce setbacks for the two-building industrial development was denied by a vote of 0-4 (Witt, Cotona, Nelson, Duncan). The board found no practical difficulty and deemed the need for variances self-imposed.
- Variance Granted (2025 DV1049): The request for the fence height and driveway variance was granted by a vote of 4-0 (Witt, Cotona, Nelson, Duncan).
- Continuance Granted (2025 UV1015): The case for the second primary dwelling was continued to the December 2nd hearing to allow time for the petitioner to submit revised findings and appear in person.
Meeting Transcript
All right, good afternoon, everybody. You can call this meeting to order. 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 Jennifer Witt, Andrew Cotona, and David Duncan. Legal Counsel for the Board today is Chris Steinmanz. Staff members present today from the Division of Planning are Eddie O'Neill, current planning administrator. And Marty Weiste, senior board specialist and secretary to the board. The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today. 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 presentations 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 administrators' comments regarding the petition. The petitioner will then be allowed five minutes for rebuttal and 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 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 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 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 currently four members present today. It does require 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, your petition will be automatically continued to the December 2nd hearing. Excuse me. Board members, you have been provided meeting minutes for our September 2nd and October 7th hearing. If anybody wants to see them, let me know. I assume we all have. Wit, so moved. And a second. Duncan second. All right. Motion and a second, call for a vote. Duncan. Duncan, yes. Katona. Katona, yes. Wit. Wit, yes.
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