OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Board of Zoning Appeals Division I Meeting - August 4, 2026

Board of Zoning Appeals I — Tuesday, August 4, 2026
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals I
DateTuesday, August 4, 2026
StatusNEW · FILED
Video Record
0:00 / 2:13:33
Transcript — Verbatim
0:00

I'm gonna call this meeting to order.

0:02

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

0:07

I am Peter Nelson, Chairperson of Division One.

0:10

Other board members present today are David Duncan, Jennifer Witt, and John Wolski.

0:15

Legal Counsel for the Board today, Chris Steinmetz.

0:18

Staff members present today from the Division of Planning are Bryce Patz, current planning administrator, Jeff York, current planning manager, Noah Pappas, current planning manager, Adrian Baker, Principal Planner 1, Michael Weigel, Principal Principal Planner 1, Robert Uhlenhake, Senior Planner, Josh Levac, Senior Planner, Jasmine Dillard Nikolich, Senior Planner, and Adams Cheshevsky, Senior Planner, and Marty Weiste, Senior Board Specialist and Secretary to the Board of All House with staff today.

0:48

All right.

0:49

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

0:55

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

0:59

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

1:05

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

1:12

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

1:16

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

1:20

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

1:25

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.

1:32

Remonstrators and persons appearing in opposition to the petition have a maximum of 15 minutes for the presentation of evidence statements and arguments in opposition to the petition.

1:42

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

1:45

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

1:49

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

1:53

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

1:59

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

2:04

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.

2:10

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.

2:23

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.

2:33

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

2:39

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

2:45

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

2:51

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

2:58

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

3:06

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

3:13

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.

3:20

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.

3:29

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

3:32

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

3:40

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

3:47

I will note there are four members present today.

3:50

It does require three votes to take action on any request, and we will consider this when hearing request for continuances.

3:58

If your petition receives an indecisive vote or a two-two vote, your petition will be automatically continued to the September 1st, 2026 hearing.

4:07

Board members, you have been provided meeting minutes for our June 2nd meeting.

4:13

If there are no deletions or additions, I will take their motion for approval.

4:18

Duncan, so moved.

4:20

Is there a second?

4:22

Second.

4:22

All right, call for a vote.

4:23

Duncan.

4:24

Duncan, yes.

4:25

Witt?

4:25

Yes.

4:26

Wolski?

4:27

Yes.

4:27

And Nelson votes yes.

4:29

All right, minutes, and then.

4:32

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

4:38

Yeah.

4:40

Can you uh speak into the microphone, please?

4:42

Thank you.

4:43

And Chris, do we need name and address for the record for questions?

4:46

Yes, please.

4:47

Okay, please.

4:48

Linda Van Scoder, 225 North Arsenal Avenue, Indianapolis.

Discussion Breakdown — Share of Meeting
Zoning and Land Use███████████████████████████████████████39%
Procedural██████████████████18%
Fence Regulation██████████████████18%
Public Safety█████████9%
Engineering And Infrastructure████████8%
Traffic Calming██████6%
Commitment Modification██2%
Summary of Proceedings

Board of Zoning Appeals Division I Meeting - August 4, 2026

The Metropolitan Board of Zoning Appeals Division I held a public hearing on August 4, 2026, at 1:00 PM in the Public Assembly Room of the City-County Building. Chairperson Peter Nelson presided over the meeting, with board members David Duncan, Jennifer Witt, and John Wolski present. The board considered multiple variance requests, including expedited petitions and several contested cases. All votes were unanimous (4-0) unless otherwise noted.

Consent Calendar

  • June 2 Meeting Minutes: Approved unanimously.
  • Withdrawal: Petition 2026-UV1-015 (1902 East 46th Street) was withdrawn at the petitioner's request.
  • Automatic Continuances Acknowledged:
    • 2026-DV1-028 (1019 N Beville Avenue) continued to September 1, 2026.
    • 2026-DV1-031 (4850 West 78th Street) continued to September 1, 2026.
    • 2026-DV1-033 (8006 Meridian Hills Lane) continued to September 1, 2026.
    • 2026-UV1-019 (8185 Sycamore Road) continued to September 1, 2026.
  • Continued by Request:
    • 2026-DV1-035 (7485 Central Avenue) continued to October 6, 2026, without additional notice.
    • 2026-DV1-013 (2440 Lafayette Road) continued to September 1, 2026, at staff's request due to petitioner unavailability.

Public Comments & Testimony

  • Linda Van Scoter (225 N Arsenal Avenue) – Representing the Holy Cross Neighborhood Association Land Use Committee, she spoke in opposition to petition 2026-DV1-027 (330 N Arsenal Avenue). She noted the staircase was added at a renter's request for convenience, not safety, and was built without a permit. She argued granting the variance would reward unauthorized construction and set a bad precedent.
  • Mark St. John (Chief Engineer, Dept. of Public Works) – Testified on petition 2026-DV3-011 (St. Roch Church). He raised concerns about sight distance, noting the solid concrete wall replaced a chain-link fence, reducing visibility and creating a more hazardous clear zone for vehicles on Meridian Street (40 mph speed limit).

Discussion Items

  • 2026-DV3-011 (3603 S Meridian Street – St. Roch Church Fence) – The petitioner requested variances for an 8-foot fence in the front yard and within the clear sight triangle to protect school children. After multiple continuances, the petitioner proposed reducing the fence height by 56 inches within the clear sight triangle (removing aluminum railing and two concrete masonry layers). Board members expressed concerns about safety: the corner had been hit four times since installation, and lowering the fence might allow cars to jump the curb and endanger students. The board also questioned the gate visibility at Sumner Avenue. Staff recommended denial, citing practical difficulties and safety. The petitioner agreed to a continuance to explore additional safety measures, including temporary netting. The board voted unanimously to continue to September 1, 2026.
  • 2026-DV1-020 (6129 S Emerson Avenue – Taylor Accessory Structure) – The Taylors requested a variance to build a 4,800 sq. ft. detached accessory structure (larger than the primary dwelling) for vehicle storage and family gatherings on a through-lot. The petitioner noted support from adjacent neighbors and argued the structure would be screened by trees and not visible from streets. Staff opposed, stating the size was self-imposed and could be achieved with two smaller buildings without a variance. The board granted the variance unanimously, citing the lot's unique configuration and neighborhood support.
  • 2026-DV1-027 (330 N Arsenal Avenue – Deck and Stairs) – The petitioner sought a variance to allow a deck and stairs to encroach 4 feet into the required 8-foot corner side setback. The remonstrator (Linda Van Scoter) opposed, arguing the stairs were built without permits and were not for safety. Staff recommended approval, noting the lot's narrow width (38 feet vs. 60 feet required) and no impact on pedestrians or sight triangles. The board granted the variance unanimously.
  • 2026-UV1-012 (2355 W Morris Street – Hurst Properties Office Use) – The petitioner requested variances to use three residential lots as accessory offices for an adjacent landscaping business, with reduced parking. After an indecisive vote last month, the petitioner worked with staff to develop three commitments: (1) the variance is tied to the residential structures and reverts if the commercial property is sold; (2) parking limited to a maximum of six spaces (two per residence); (3) landscaping improvements along Tremont Street to be completed within 12 months. The board granted the variance unanimously with the modified commitments.

Key Outcomes

  • Expedited Petitions (all granted unanimously):
    • 2026-DV1-026 (Tallman Avenue / Columbia Avenue) – Duplex development variances.
    • 2026-DV1-030 (1406 S Capitol Avenue) – 227-unit residential development parking/front building line variances.
    • 2026-DV1-032 (3213 Lowry Road) – Garage addition variance.
    • 2026-DV1-034 (4907 Rowney Street) – Covered patio variance.
    • 2026-DV1-037 (1515 S Drover Street) – Accessory structures for co-generation facility variances.
    • 2026-DV1-038 (1825 Marlowe Avenue) – Multiple setback variances.
    • 2026-UV1-008 (1852 Shelby Street) – Use and development variances for single-family attached dwellings.
    • 2026-UV1-018 (5160 E 65th Street) – Sports training facility variances.
  • 2026-DV3-011 (St. Roch Church): Continued to September 1, 2026, for further discussion of safety measures.
  • 2026-DV1-020 (Taylor): Variance granted (4-0).
  • 2026-DV1-027 (Arsenal Avenue): Variance granted (4-0).
  • 2026-UV1-012 (Hurst Properties): Variance granted with commitments (4-0).

Meeting Transcript

I'm gonna 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 are David Duncan, Jennifer Witt, and John Wolski. Legal Counsel for the Board today, Chris Steinmetz. Staff members present today from the Division of Planning are Bryce Patz, current planning administrator, Jeff York, current planning manager, Noah Pappas, current planning manager, Adrian Baker, Principal Planner 1, Michael Weigel, Principal Principal Planner 1, Robert Uhlenhake, Senior Planner, Josh Levac, Senior Planner, Jasmine Dillard Nikolich, Senior Planner, and Adams Cheshevsky, Senior Planner, and Marty Weiste, Senior Board Specialist and Secretary to the Board of All House with staff today. All right. 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. 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 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 the 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 the 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. I will note there are four members present today. It does require three votes to take action on any request, and we will consider this when hearing request for continuances. If your petition receives an indecisive vote or a two-two vote, your petition will be automatically continued to the September 1st, 2026 hearing. Board members, you have been provided meeting minutes for our June 2nd meeting. If there are no deletions or additions, I will take their motion for approval. Duncan, so moved. Is there a second? Second. All right, call for a vote. Duncan. Duncan, yes. Witt? Yes. Wolski? Yes.

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