OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metropolitan Board of Zoning Appeals Division One Public Hearing - February 3, 2026

Board of Zoning Appeals I — Tuesday, February 3, 2026
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, February 3, 2026
StatusFILED
Video Record
0:00 / 47:42

Transcript — Verbatim
0:03

All right, good afternoon, everybody.

0:05

Gonna call this meeting to order.

0:06

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

0:11

I am Peter Nelson, acting chairperson of Division One.

0:14

Other board members present today are Andrew Cotona and David Duncan.

0:19

Legal counsel for the board today is Chris Steinmetz.

0:22

Staff members present today from the Division of Planning are Eddie O'Neill, current planning administrator, Bryce Patz, current planning manager, Robert Ulenhake, senior planner, Michael Weigel, senior planner, Marty Weistie, senior board specialist and secretary to the board.

0:38

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

0:44

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

0:47

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

0:53

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

0:59

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

1:03

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

1:08

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

1:14

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.

1:32

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

1:36

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

1:41

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

1:46

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

1:51

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.

2:03

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 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.

2:27

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

2:33

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

2:39

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

2:45

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

2:52

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

3:08

A person may file a written request to receive notice of the filing of the 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.

3:28

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.

3:45

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

3:49

So any split vote would automatically be continued.

3:53

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

4:09

Board members, you've been provided the meeting minutes for a January 6th hearing.

4:12

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

4:18

Duncan so moved.

4:20

In a second.

4:20

Catona seconded.

4:22

All right, I'll take a call for a vote.

4:24

Duncan.

4:25

Duncan, yes.

4:25

Catona?

4:26

Catone, yes.

4:27

And Nelson votes yes.

4:29

All right.

4:30

Are there any questions in the audience about our procedures?

4:36

All right, seeing none.

4:38

Peter, I have just one comment.

4:40

Yes.

4:40

David, I believe you may have my folder because I've got a so I just want to I've got a vote with your name on it.

4:50

No problem.

4:50

I just wanted to make sure people didn't think we were doing some funky.

4:54

All right.

4:54

Thank you for the clarification.

5:00

So currently we don't have any expedited petitions, so I will skip over our uh rules of procedure for the uh the waiver of that that we normally do.

5:11

Um I will come back to it if we end up with an expedited petition.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████77%
Procedural██████10%
Language Accessibility█████9%
Flood Management██4%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division One Public Hearing - February 3, 2026

This public hearing of the Metropolitan Board of Zoning Appeals Division One was called to order at approximately [time not specified, afternoon] by acting chairperson Peter Nelson, with board members Andrew Catona and David Duncan present. Legal counsel Chris Steinmetz and planning staff Eddie O'Neill, Bryce Patz, Robert Ulenhake, Michael Weigel, and Marty Weistie were also in attendance. The board addressed routine approvals, multiple continuance and withdrawal requests, and heard three variance petitions.

Meeting Minutes Approval

  • The meeting minutes from the January 6th hearing were approved unanimously (Nelson, Catona, Duncan voting yes).

Continuances and Withdrawals

  • 2025 DV1059 (5217 Broadway Street): Petitioner requested a 30-day continuance to March 3, 2026 to accommodate neighborhood feedback. No opposition; granted unanimously.
  • 2025 UV1025 (35315 Points Road): Withdrawal requested by petitioner; acknowledged by the board.
  • 2025 UV1023 (5237 Commerce Circle): Withdrawal requested by petitioner; acknowledged by the board.
  • 2025 DV1052 (4105 West 93rd Street): Staff requested a continuance to March 3, 2026 with new notice for additional discussion and documentation. No opposition; granted unanimously.
  • 2025 DV1061 (9000 Shetland Lane): Staff requested a continuance and transfer to Division 2 hearing on February 10, 2026, as agreed with the Pike Township Residence Association. No opposition; granted unanimously.
  • 2025 DV1063 (6690 Jackson Street): An automatic continuance filed by a registered neighborhood organization to March 3, 2026; acknowledged by the board.
  • 2025 DV1064 (3155 Arbor Street): Petitioner and Northwest Perry Neighborhood Association agreed to a continuance to March 3, 2026 for further discussion. No opposition; granted unanimously.
  • A member of the public, Greg Fecto, appeared requesting a continuance for a petition (5500 block of South Madison Avenue) that had been denied on January 16th by a different hearing body (not BZA). Staff clarified the case was a hearing examiner matter (2025 MOD024) and directed him to the appropriate office.

Discussion Items

Case 2025-DV1-062: 9110 Kenwood Drive – Front Yard Fence Height Variance

  • Petitioner: Joseph Pennell. The property has a six-foot-tall fence in the front yard (corner lot), which was originally built decades ago. Storm damage in February 2025 prompted replacement of pickets; the fence remained in the same location and height. A violation case was opened after an anonymous complaint. The Nora Northside Community Council had no objection; a neighbor submitted a letter of support.
  • Staff Position: Recommended denial. The fence lost its legal nonconforming status after replacement. A compliant fence (3.5–4 ft) could still be installed, or the fence could be moved back to align with the front building line. Staff noted no site-specific practical difficulty.
  • Board Action: The petitioner offered a commitment not to increase or expand the fence's current footprint. Board members Nelson, Catona, and Duncan voted unanimously to grant the variance subject to that commitment.

Case 2025-UV1-024 Amended: 2170 East 75th Street – Accessory Structure and Development Standard Variances

  • Petitioner: Molly A. Wright, represented by David Stevens. The property, located along the White River, has its front yard oriented toward the river. Petitioner sought to legally establish an existing detached garage (expanded in 2018) and build a new oversized three-bay garage for boat and recreational vehicle storage. Variances needed: accessory structure in front yard, two-foot side setback (15 ft required), garage footprint larger than primary building (the 2018 garage already exceeded it), and 81% open space (85% required). Neighbors in the area have similar structures; adjacent property owners submitted letters of support.
  • Staff Position: Recommended denial. Staff expressed concern about overdevelopment of the lot, potential obstruction of floodplain and emergency access, and the massing of two large garages with minimal separation.
  • Board Action: After petitioner's rebuttal emphasizing family use and the property's high elevation relative to the floodplain, board members Duncan, Nelson, and Catona voted unanimously to grant all variances.

Case 2025-DV1-065: 2929 Eagledale Drive – Carport Side Setback Variance

  • Petitioner: Grizzy Home and Property Group LLC, represented by Martin Jimenez. The petitioner added a carport roof that resulted in a zero-foot side yard setback (five feet required). The petitioner appeared but required Spanish language interpretation services, which were not available in person.
  • Board Action: To ensure full understanding, the board unanimously voted to continue the petition to the March 3, 2026 hearing without additional notice, allowing time to arrange a translator.

Key Outcomes

  • Approved variances: Case 2025-DV1-062 (unanimous, with commitment) and Case 2025-UV1-024 amended (unanimous).
  • Continued cases: All continuances granted as listed; Case 2025-DV1-065 continued to March 3, 2026 for interpreter arrangements.
  • Withdrawn petitions: 2025 UV1025 and 2025 UV1023 acknowledged as withdrawn.
  • Transferred case: 2025 DV1061 transferred to Division 2 on February 10, 2026.
  • Adjournment: The board noted that findings of fact would be signed; the hearing was adjourned.

Meeting Transcript

All right, good afternoon, everybody. Gonna call this meeting to order. This is a public hearing of the Metropolitan Board Zoning Appeals Division One. I am Peter Nelson, acting chairperson of Division One. Other board members present today are Andrew Cotona and David Duncan. Legal counsel for the board today is Chris Steinmetz. Staff members present today from the Division of Planning are Eddie O'Neill, current planning administrator, Bryce Patz, current planning manager, Robert Ulenhake, senior planner, Michael Weigel, senior planner, Marty Weistie, 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 continuance 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 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 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 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. A person may file a written request to receive notice of the filing of the 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. It does require three votes to take action on any request. So any split vote would automatically be continued. We will take this into consideration when hearing requests for continuances. Board members, you've been provided the meeting minutes for a January 6th hearing. If there are no deletions or additions, I'll take a motion for their approval. Duncan so moved. In a second. Catona seconded. All right, I'll take a call for a vote. Duncan. Duncan, yes. Catona? Catone, yes. And Nelson votes yes. All right. Are there any questions in the audience about our procedures?

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