OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metropolitan Board of Zoning Appeals Division One Meeting – March 3, 2026

Board of Zoning Appeals I — Tuesday, March 3, 2026
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, March 3, 2026
StatusFILED
Video Record
0:00 / 1:30:08

Transcript — Verbatim
0:03

Good afternoon, everyone.

0:05

Before we begin today's meeting, this this division needs to elect a chairperson, vice chairperson, and secretary.

0:12

So we're gonna quickly do those nominations and votes so we can have our officers.

0:20

So is there anyone on the board that wishes to serve as chairperson of Division One?

0:27

Hearing no one else, I will volunteer to remain as chairperson.

0:32

So do we have a motion to nominate Peter Nelson as chair of Division One?

0:38

So moved.

0:39

Wit, so moved.

0:40

And a second.

0:41

Duncan second.

0:42

All right, we'll call for a vote.

0:43

Wit.

0:44

Wit, yes.

0:45

Duncan.

0:46

Duncan, yes.

0:47

And Nelson votes yes.

0:49

All right.

0:49

Is there any member that wishes to serve as vice chair?

0:55

I'll uh nominate myself to serve as vice chair.

0:58

All right.

0:58

Do we have a motion to nominate?

1:00

Uh I'll take I'll take uh David's motion as a or David's volunteer as a motion.

1:07

So do we have a second?

1:08

Wit, second.

1:09

All right, so we'll call for a vote to for David Duncan to be vice chair of Division One.

1:15

Uh Witt.

1:16

Wit.

1:17

Uh yes.

1:18

Duncan.

1:19

Duncan, yes.

1:20

And Nelson votes yes.

1:22

All right.

1:22

And then finally, is there any member that wishes to serve as secretary?

1:28

I volunteer to be secretary.

1:30

All right.

1:30

I will take Jennifer's volunteering to be secretary as the first motion.

1:35

Is there a second?

1:36

Duncan second.

1:37

All right, call for a vote for Jennifer Witt to be secretary of Division One.

1:42

Witt.

1:43

Wit.

1:43

Yes.

1:44

Duncan.

1:45

Duncan, yes.

1:46

And Nelson votes yes.

1:47

All right.

1:49

Thank you everyone for your patience with that.

1:51

Excuse me.

1:52

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

1:56

I am Peter Nelson, newly elected chairperson of Division One.

2:00

The other board members present are Jennifer Witt and David Duncan.

2:04

Legal counsel for the board today is Chris Steinmetz.

2:06

Staff members present today from the Division of Planning are Jeffrey York, current planning manager, Bryce Patz, current planning manager, Robert Uhlenhake, senior planner, Michael Weigel, senior planner, Josh Levesque, senior planner, and Marty Weistie, senior board specialist and secretary to the board.

2:22

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

2:28

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

2:32

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

2:37

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

2:43

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

2:46

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

2:51

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

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████71%
Code Enforcement███████11%
Procedural██████10%
Fire Safety███5%
Public Safety█2%
Sign Regulation█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division One – March 3, 2026

The Metropolitan Board of Zoning Appeals Division One held a public hearing on March 3, 2026, at 6:15 PM. Presiding officers included newly elected Chairperson Peter Nelson, Vice Chairperson David Duncan, and Secretary Jennifer Witt. The board heard and decided several continuances, transfers, expedited petitions, and three regular variance cases. The meeting began with officer elections, approval of previous minutes, and a waiver for voting on expedited petitions.

Consent Calendar

  • Approval of February 3, 2026 meeting minutes (unanimous).
  • Waiver of rules to allow expedited petitions to be voted on without individual testimony (unanimous).
  • Acknowledged automatic continuances to April 7, 2026 for:
    • Petition 2026 DV1001 (4045 Sanders Street)
    • Petition 2026 DV1003 (602 Prospect Street)
    • Petition 2026 UV1002 (5301 West 56th Street)
  • Acknowledged withdrawal of petition 2026 UV1001 (3919 Muller Road) due to an approved companion rezoning.
  • Acknowledged partial withdrawal of a driveway width variance from the expedited docket (petition 2026 DV1001, item 8).

Public Comments & Testimony

  • Karen Farmer, president of the Rockville Road/High School Road/Girls School Road Neighborhood Association (RHGNA), testified in opposition to petition 2025-DV1-063 (6690 Jackson Street). She argued that the existing six-foot fence violated multiple codes, was out of character with the neighborhood, and that neighbor complaints about suspected vehicle sales and repair prompted enforcement. She supported staff’s recommendation of denial.

Discussion Items

Special Requests and Continuances:

  • Petition 2025 DV1052 (4105 West 93rd Street): Attorney Tim Oakes requested transfer to Division 2’s March 10, 2026 hearing to meet an April 1 deadline. Staff concurred; motion carried.
  • Petition 2026 DV1004 (6535 North Alney Street): Continued to April 7, 2026 for failure to complete public notice (motion carried).
  • Petition 2026 DV1005 (6617 Stearns Hill Drive): Staff requested a four-day waiver of mailed notice requirement (sign posted on time); motion carried.
  • Petition 2025 DV1065 (2929 Eagledale Drive): Continued to April 7, 2026 to allow compliance with notice requirements and to arrange a translator for the petitioner (motion carried).
  • Petition 2026 DV1006 (7575 Central Avenue): Continued to April 7, 2026 due to a mistake in the original legal notice (motion carried).

Expedited Petitions (voted as consent):

  • 2025-DV1-064 (3155 Arbor Street): Variance for a detached accessory garage within front yard. Granted unanimously.
  • 2026-DV1-002 (101 West Georgia Street): Variance for a freestanding sign in the mile square and public right-of-way. Granted unanimously.
  • 2026-UV1-003 (2407 and 2409 English Avenue): Variance of use for a bar/tavern with reduced parking. Granted unanimously.

Regular Case – 2025-DV1-059 (Risemore):

  • Petitioner John Rising Moore, represented by Mark Crouch, sought a variance to build a rear addition with side setbacks of 4 feet (north) and 3.5 feet (south) where 5 feet is required. The existing house has non-conforming 3-foot setbacks. The addition exceeded a 50% expansion rule, and a stop work order was issued. The petitioner cited health needs and the existing non-conforming nature. Staff recommended denial, arguing the addition could be redesigned to meet setbacks. The board split 2-1 (Witt no, Nelson no, Duncan yes), resulting in an indecisive vote; the petition was continued to the April 7, 2026 hearing.

Regular Case – 2025-DV1-063 (Ibanez):

  • Petitioner Ramon Ibanez sought to keep a six-foot fence with posts exceeding the fence height, located in the front yard, right-of-way, clear sight triangle, and electrical/drainage easement at 6690 Jackson Street. The fence was installed before his 2007 purchase. Staff recommended denial due to multiple code violations and availability of alternative fencing options. The neighborhood association opposed, citing eight violations. The board approved the variance subject to two commitments agreed to by the petitioner: (1) if Bauman Street is expanded, the fence must be relocated to comply at the owner’s cost; (2) if more than 50% of the fence along Bauman Street is replaced, the entire fence must be reconstructed in compliance with the zoning ordinance. Motion carried 3-0.

Regular Case – 2026-DV1-005 (Vuey):

  • Petitioner Tabitha Vuey sought a three-foot north side setback for an existing pole barn at 6617 Stearns Hill Drive, where seven feet is required. She stated the structure was present when she bought the home in 2022 and noted a large easement limiting relocation options. Staff recommended denial, citing sufficient room elsewhere. The board granted the variance unanimously.

Key Outcomes

  • Officer Elections: Peter Nelson re-elected Chair, David Duncan elected Vice Chair, Jennifer Witt elected Secretary (all unanimous).
  • Minutes and Procedure: February 3, 2026 minutes approved; waiver for expedited petitions approved.
  • Continuances and Transfers:
    • Transferred petition 2025 DV1052 to Division 2 (March 10, 2026).
    • Continued petitions 2026 DV1004, 2025 DV1065, and 2026 DV1006 to April 7, 2026.
    • Granted four-day notice waiver for petition 2026 DV1005.
  • Expedited Petitions: All three granted (2025-DV1-064, 2026-DV1-002, 2026-UV1-003).
  • Regular Case 2025-DV1-059 (Risemore): Indecisive vote (2-1) – continued to April 7, 2026.
  • Regular Case 2025-DV1-063 (Ibanez): Granted subject to two commitments regarding future expansion or replacement of the fence along Bauman Street.
  • Regular Case 2026-DV1-005 (Vuey): Granted unanimously.

Meeting Transcript

Good afternoon, everyone. Before we begin today's meeting, this this division needs to elect a chairperson, vice chairperson, and secretary. So we're gonna quickly do those nominations and votes so we can have our officers. So is there anyone on the board that wishes to serve as chairperson of Division One? Hearing no one else, I will volunteer to remain as chairperson. So do we have a motion to nominate Peter Nelson as chair of Division One? So moved. Wit, so moved. And a second. Duncan second. All right, we'll call for a vote. Wit. Wit, yes. Duncan. Duncan, yes. And Nelson votes yes. All right. Is there any member that wishes to serve as vice chair? I'll uh nominate myself to serve as vice chair. All right. Do we have a motion to nominate? Uh I'll take I'll take uh David's motion as a or David's volunteer as a motion. So do we have a second? Wit, second. All right, so we'll call for a vote to for David Duncan to be vice chair of Division One. Uh Witt. Wit. Uh yes. Duncan. Duncan, yes. And Nelson votes yes. All right. And then finally, is there any member that wishes to serve as secretary? I volunteer to be secretary. All right. I will take Jennifer's volunteering to be secretary as the first motion. Is there a second? Duncan second. All right, call for a vote for Jennifer Witt to be secretary of Division One. Witt. Wit. Yes. Duncan. Duncan, yes. And Nelson votes yes. All right. Thank you everyone for your patience with that. Excuse me. This is a public hearing of the Metropolitan Board of Zoning Appeals Division One. I am Peter Nelson, newly elected chairperson of Division One.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com