OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metro Board of Zoning Appeals Division 1 Meeting - Jan 06, 2026

Board of Zoning Appeals I — Tuesday, January 6, 2026
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, January 6, 2026
StatusFILED
Video Record
0:00 / 49:24

Transcript — Verbatim
0:02

Good afternoon.

0:03

Going to call this meeting to order.

0:06

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

0:10

I am Peter Nelson, Chairperson of Division 1, other board members present, Andrew Cotona, and David Duncan.

0:17

Legal Counsel for the Board today is Chris Steinmetz.

0:20

Staff members present from the Division of Planning are Eddie Onea, current planning administrator, Bryce Patz, current planning manager, Robert Uhlenhaik, senior planner, Noah Stern, senior planner, Michael Weigel, senior planner, Marty Weestie, Senior Board Specialist, and Secretary to the Board.

0:40

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

0:46

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

0:49

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

0:54

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

1:01

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

1:04

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

1:09

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

1:13

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.

1:22

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.

1:31

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

1:34

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

1:39

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

1:43

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

1:49

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

1:55

Please limit your testimony and evidence to matters covered in the statutory requirements, which must be met in order for the board to grant a variance.

2:01

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.

2:14

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.

2:25

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

2:31

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

2:37

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

2:44

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

2:51

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

2:58

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

3:06

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.

3:13

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.

3:22

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

3:29

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

3:36

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

3:43

As you can see, there are three board members present today.

3:47

It does require three votes to take action on any request.

3:51

So any split vote would be automatically continued to the February 3rd, 2026 hearing.

4:06

Board, you've been provided meetings for the meeting minutes for our December 2nd, 2025 hearing.

4:14

If there are no deletions or additions, I'll take a motion for their approval.

4:18

Duncan so moved.

4:19

And a second.

4:22

All right.

4:22

Motion and a second.

4:24

Call for a vote.

4:24

Duncan.

4:25

Duncan, yes.

4:25

Katona.

4:27

Nelson votes yes.

4:29

All right.

4:30

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

4:34

Thank you.

4:37

All right.

4:37

Seeing no one, 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 individual petitioners.

4:51

Is there a motion?

4:52

Duncan so moved.

4:53

And a second.

4:54

Catona seconded.

4:55

All right, vote.

4:56

Duncan.

4:57

Duncan, yes.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████52%
Procedural██████████████████████████30%
Transportation Safety████████████████18%
Summary of Proceedings

Metro Board of Zoning Appeals Division 1 Meeting - Jan 06, 2026

The Metropolitan Board of Zoning Appeals, Division 1, convened on January 6, 2026, to review a series of special requests, continuances, and zoning petitions. The board, consisting of Chairperson Peter Nelson, Andrew Katona, and David Duncan, unanimously approved the approval of previous minutes, granted a waiver of notice rules for expedited voting, and handled multiple continuances and withdrawals. The primary substantive hearing involved a variance request for a coffee shop's drive-thru layout, where the board approved the motion subject to a specific use commitment.

Consent Calendar

  • The board unanimously approved the minutes from the December 2nd, 2025 hearing upon a motion by Duncan and second by Catona with a 3-0 vote.

Public Comments & Testimony

  • Joe Calderan (Petitioner for 2025 DV1060): Requested a five-day waiver of mailing and sign-posting notice due to late staff notification and requested placement on the expedited docket after amending sign plans.
    • Position: Expressed that the waiver is necessary due to late staffing and noted there is no remonstrance.
    • Position: Stated that staff has agreed to the amended sign request and supported the expedited scheduling.
  • Jason Wolf (Wolf Design for 2025 UV1026): Requested that fees paid for a withdrawn use variance be repurposed for a new rezoning filing.
    • Position: Expressed the need to apply existing fees to the new petition type.
  • John Greg (Ice Miller for 2025 DV1052): Requested a continuance to finalize a landscaping plan for staff review.
    • Position: Stated the need for additional time to determine if further variance requests are needed.
  • Staff (Representing Neighborhood Organization for 2025 DV1059): Requested an automatic, timely continuance.
    • Position: Filed an automatic continuance per registered neighborhood organization protocols.
  • Staff (Representing 2025 UV1023, 1024, 1025): Requested continuances for cause due to amendments, new variances, or lack of notice.
    • Position: Stated that new notice is required for petitions 2025 UV1023 and 1025, and petition 1024 requires amendment.
  • Staff (Representing 2025 DV1062, 1063, 1064): Requested acknowledgments or continuances for automatic filings or late notice discovered on the morning of the hearing.
    • Position: Noted that 2025 DV1063 had a legal notice sent that morning, requiring a continuance with new notice.
  • Staff (Representing 2025 UV1019): Acknowledged the petitioner's wish to withdraw the petition.
  • Tim Oakes (Attorney for 77 Venture Inc./Petitioner for 2025 DV1054): Argued that the variance request is minor, the site is appropriate for the density, and the business model (coffee shop) does not require stacking spaces beyond the service unit. Proposed a commitment to limit the variance to coffee shops only if there are concerns about future users.
    • Position: Expressed full support for the minor variance regarding the single stacking space.
    • Position: Offered a commitment to restrict the variance's applicability to drive-thru coffee shops to mitigate concerns about future non-coffee users.
  • Susan Blair (President, Pike Township Residents Association/Remonstrator for 2025 DV1054): Opposed the petition, arguing the site is too small for a drive-thru and that the 20-foot maneuverability space is inadequate for vehicle safety and traffic flow.
    • Position: Expressed opposition to the petition citing safety concerns and the proposal effectively bypassing plat objections.
    • Position: Stated that without a drive-thru, the site would provide better access.

Discussion Items

  • Special Requests & Continuances: The board reviewed multiple requests for waivers of notice, expedited docketing, and continuances. Staff confirmed comfort with waiving notice for 2025 DV1060 and moving it to the expedited docket. Several continuances were requested with or without additional notice based on amendments or procedural errors (e.g., late notices).
  • 2025 DV1060 (Sign Variance): Discussion centered on the amendment reducing a third pylon sign to an 8.5-foot monument sign. Staff confirmed agreement with the amended request, changing their recommendation to approval.
  • 2025 DV1054 (Coffee Shop Variance): The board discussed a request to eliminate one stacking space after a drive-thru service unit. Staff recommended approval, noting the business model makes queuing past the unit uncommon. A question was raised by Chairperson Nelson regarding future users with different business models. The petitioner responded by offering a commitment to limit the variance to coffee shops. The remonstrator reiterated concerns about site size and traffic flow, arguing the variance approval validates a potentially unsuitable use.

Key Outcomes

  • Continuances Granted:
    • 2025 DV1052: Continued to Feb 3, 2026 (without new notice unless required).
    • 2025 UV1023: Continued to Feb 3, 2026 (with new notice).
    • 2025 UV1024: Continued to Feb 3, 2026 (with amended notice).
    • 2025 UV1025: Continued to Feb 3, 2026 (to allow notice submission).
    • 2025 DV1059, 1062, 1064: Automatic continuances acknowledged to Feb 3, 2026.
    • 2025 DV1063: Continued to Feb 3, 2026 (with new notice due to late mailing).
  • Withdrawals Acknowledged: 2025 UV1019 and 2025 UV1026 (fees repurposed) were acknowledged.
  • Waivers Approved: A five-day waiver of notice for 2025 DV1060 was approved 3-0.
  • Expedited Docket Actions:
    • 2025 DV1060: Variance granted for additional signage (3 signs total, including one monument sign) with a 3-0 vote.
    • 2025 UV3-031: Variance granted for a three-unit apartment (SU7 zone) with a 3-0 vote.
  • Main Hearing Action:
    • 2025 DV1054: Variance granted to allow one stacking space behind a drive-thru service unit. The vote was 3-0 (Duncan yes, Nelson yes, Katona yes).
    • Condition: The grant is subject to the petitioner's commitment that the variance applies only while the property is used as a drive-thru coffee shop.

Meeting Transcript

Good afternoon. Going to 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, Andrew Cotona, and David Duncan. Legal Counsel for the Board today is Chris Steinmetz. Staff members present from the Division of Planning are Eddie Onea, current planning administrator, Bryce Patz, current planning manager, Robert Uhlenhaik, senior planner, Noah Stern, senior planner, Michael Weigel, senior planner, Marty Weestie, 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. 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. Petitioner 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 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 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 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. As you can see, there are three board members present today. It does require three votes to take action on any request. So any split vote would be automatically continued to the February 3rd, 2026 hearing. Board, you've been provided meetings for the meeting minutes for our December 2nd, 2025 hearing. If there are no deletions or additions, I'll take a motion for their approval. Duncan so moved. And a second. All right. Motion and a second. Call for a vote. Duncan. Duncan, yes. Katona. Nelson votes yes. All right. Is there anyone in the audience who has any questions about our procedures?

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com