Metropolitan Board of Zoning Appeals Division One Public Hearing – July 7, 2026
Metropolitan Board of Zoning Appeals Division One Public Hearing – July 7, 2026
The Metropolitan Board of Zoning Appeals Division One convened on July 7, 2026 at 6:15 PM. Chairperson Peter Nelson presided, with members David Duncan, Jennifer Witt, and John Wolski present. The board heard several continuance requests, an expedited docket, and five contested cases. Statutory requirements for variances were discussed. A quorum of three votes was required for action.
Consent Calendar
- Expedited cases: All seven petitions on the expedited docket were approved unanimously (4-0) after no opposition was voiced. These included: 2026 DV1012 amended, 2026 DV1022 amended, 2026 DV1025, 2026 DV1029, 2026 DV2018, 2026 UV1013, and 2026 UV3009. One case (2026 DV1027) was previously continued; another (2026 DV1030) was continued to August 4th.
- Continuances: Nine cases were continued to the August 4, 2026 hearing. Most were granted with new notice or without objection. Case 2026 UV1014 received a two-day waiver for mailing. Case 2026 UV1002 was continued to October 6, 2026. All continuances were approved unanimously.
Public Comments & Testimony
- Leonard Miller (2820 Newport Bay Lane, Indianapolis) commented on case 2026 DV1025 (fueling station on Keystone Ave), raising traffic concerns near a school and bus stop. He stated he was not opposed to the petition but urged a traffic study. His comments were noted after the expedited vote.
- Gayla Dines (President, Kessler Park Neighborhood Association) and Doris Mint McNeil (President, Westside Neighborhood Association) spoke in opposition to case 2026 DV1013 (fence at 2440 Lafayette Road). They objected to barbed wire and insufficient communication from the property owner. They expressed conditional support if barbed wire was removed and the fence was moved out of the easement. They also questioned who would maintain the strip between the fence and adjacent homes.
Discussion Items
- Case 2026 DV1013 (2440 Lafayette Road): Petitioner Sean Maston sought variances for a six-foot chain-link fence with barbed wire and encroachment into a rear easement. He committed to removing barbed wire and moving the fence out of the easement. Staff recommended denial, citing self-imposed difficulty and inconsistency with the commercial corridor’s character. The board voted 2-2 (Nelson and Wolski no; Duncan and Witt yes), resulting in an indecisive vote and automatic continuance to August 4, 2026.
- Case 2026 UV1012 (2355 West Morris Street and Tremont): Petitioner Andrew Distalrath sought a use variance to convert three historic residences into administrative offices for a landscaping company. Staff recommended denial due to inadequate parking, potential alley congestion, inconsistency with comprehensive plan, and loss of housing stock. The board voted 2-2 (Duncan and Nelson no; Witt and Wolski yes), leading to an automatic continuance to August 4, 2026. Staff and board requested a detailed parking plan.
- Case 2026 UV1014 (7711 West 10th Street): Petitioner Abdalmanan Habib requested a use variance for automobile sales on a C3 zoned lot adjacent to a church and residential areas. Staff recommended denial, noting the use is not permitted in C3, potential impacts on protected districts, and traffic concerns. Board voted unanimously to deny (Nelson, Duncan, Wolski, Witt all no).
- Case 2026 UV1016 (1504 South Grant Avenue): Petitioner Ashley Ricardo requested variances for outdoor storage and contractor operations, a larger parking area, and accessory structures exceeding the primary dwelling square footage. Staff recommended denial due to incompatibility with residential zoning. Board voted unanimously to grant (Duncan, Nelson, Witt, Wolski all yes). Conditions were not specified but will be incorporated into findings.
- Case 2026 UV1017 amended (1215 South Girls School Road): Petitioner Bill Neemeyer sought a use variance to expand an existing fueling station (legally non-conforming since 1989). The expansion (larger canopy and new underground storage tanks) was completed after permits were erroneously issued by the city. Staff made no recommendation due to the city error. Petitioner agreed to install a six-foot sidewalk along Morris Street. Board voted unanimously to grant (Nelson, Witt, Wolski, Duncan all yes).
Key Outcomes
- Decisions: One variance denied (UV1014), one granted (UV1016), one granted with unique circumstances (UV1017), and two continued due to indecisive votes (DV1013, UV1012). Seven expedited cases approved.
- Continuances: UV1002 continued to October 6, 2026 with new notice; all others continued to August 4, 2026 with or without new notice as noted.
- Next Steps: Petitioners for continued cases must address board and staff concerns (parking plans, notice compliance, etc.) by the August 4, 2026 hearing. The board also acknowledged staff’s efforts to streamline processes for future meetings.
Meeting Transcript
All right, good afternoon. Going to call this meeting to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division One. I am Peter Nelson, Chairperson of Division One. Other board members present today, David Duncan, Jennifer Witt, and John Wolski. Legal counsel for the board today is Chris Steinmetz. Staff members present from the Division of Planning are Bryce Patz, current planning administrator, Jeff York, current planning manager, Adrian Baker, current or principal planner one, Michael Weigel, Principal Planner 1, Robert Ulenhaig, senior planner, Josh Laveck, senior planner, Piper Gall, office assistant and acting board secretary. The board has copies of the zoning ordinances that'll 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 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 administrators' 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 the matters covered in the statutory requirements, which must be met 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 example. These conditions and commitments are an integral part of the board's decision and must be met for the 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 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 business 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 all outside of this public hearing is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. And we'll note we do have four members present today. It does require three votes to take action on any requests. So we will take this into consideration when hearing requests for continuance. So if your board if your petition receives an indecisive vote, your petition will be automatically continued to the August 4th hearing. Is there anyone in the audience who has any questions about our procedures? All right. Seeing none, 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. Is there a motion? And a second. Duncan second. Alright, call for a vote. Duncan. Duncan, yes. Wolsky. Yes.
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