Metropolitan Board of Zoning Appeals Division 2 Public Hearing - June 12, 2018

The Metropolitan Board of Zoning Appeals, Division 2, convened on June 12, 2018, at 6:00 PM, chaired by Mark Young, with members Leisha Ruder, Margaret Banning, Mary Kelly, and James Duke. The board heard numerous variance petitions, including continuances, an expedited docket, and several contested cases. The meeting lasted several hours and covered a wide range of requests.

Continuances and Administrative Matters

• 2018 DV3020 (3500 Lafayette Road): Continued to July 10 without additional notice at petitioner's request.
• 2018 DV2013 (907 State Avenue): Continued to July 10 without additional notice.
• 2018 UV1005 (3320 N. Arlington Avenue): Continued and transferred to Board 1 for July 3 hearing without additional notice.
• 2018 DV2016 (2037 Bellefontaine Street): Petition withdrawn, acknowledged by board.
• 2018 UV2012 (1329 Southeast Street): Continued to July 10 with new notice to amend petition.
• 2018 UV2005 (6155 Guyan Road): Continued to July 10 with new notice.
• A typographical error was corrected for the address of 2018 HOV052 (5106 Carrollton Avenue).

Consent Calendar / Expedited Docket

The following petitions were approved unanimously (5-0) with little or no discussion:

• 2018 DV1011 (8451 S. Emerson Avenue): Variance for 4-foot tall vehicle entry point signs (max 2.5 ft permitted). Approved.
• 2018 DV1012 (2205 S. Holt Road): Variance for accessory solar array in front yard. Approved.
• 2018 DV2012 (822 Olive Street): Variance for front setback, open space, and dwelling separation. Approved.
• 2018 DV2014 (602 Terrace Avenue): Variance to legally establish single-family dwelling with reduced setbacks. Approved.
• 2018 DV2015 (1517 Leonard Street): Variance to legally establish existing dwelling and addition with reduced setbacks. Approved.
• 2018 DV2018 (7420 Shadeland Station Way): Variance for two ground signs on 545 ft frontage (600 ft required). Initially moved to regular docket due to a remonstrator, but the remonstrator was found to be referring to a different property, so it was returned to expedited and approved 5-0.
• 2018 UV1018 (6050 E. 10th Street): Variance of use to allow second floor residences for students. Approved subject to commitments (no more than three students at a time). Approved 5-0.
• 2018 UV1021 (1411 & 1413 S. Alabama Street): Variance to legally establish two duplexes with reduced lot width, setbacks, and open space. Approved 5-0.
• 2018 UV1022 (2936 E. Washington Street): Variance to provide porch additions to multifamily dwelling. Approved 5-0, but continued for adoption of findings of fact.

Regular Discussion Items

2018 HOV052 (5106 Carrollton Avenue) – Meridian Kessler Neighborhood

Petitioner: Canary Construction LLC, represented by Paul J. Lamby, seeking a variance of development standards to allow a single-family dwelling with 7 feet between primary dwellings (10 ft required). The house was rebuilt down to the foundation after mold and rot were discovered, triggering new construction standards.

Remonstrators: Multiple speakers opposed, including Robert Weiss (30-year resident, architect), Mary Owens (land use committee), Chelsea Marburg (executive director of Meridian Kessler Neighborhood Association), Eileen Hack (land use committee chair), and Councilman Joe Simpson. They argued that the petitioner violated building codes and permits, that the structure does not conform to the neighborhood plan, and that granting the variance would reward irresponsible behavior and set a bad precedent. They noted the house was built without proper permits and that the same builder had a similar issue at 5715 Washington Boulevard.

Staff: Recommended approval, stating that the variance is only for the 10-foot separation requirement, which staff considers unrealistic in older urban neighborhoods. Staff acknowledged structural concerns but said those are handled by the Department of Business and Neighborhood Services.

Petitioner’s Rebuttal: The builder, Bobby Jennings, explained that the wall studs deteriorated and were removed for safety, and they believed they could amend permits. They offered that the new house is safe and the neighbors to the north and south support the project.

Board Vote: Approved 5-0 (Duke, Kelly, Young, Banning, Reuter all yes).

2018 DV1010 (2218-2234 Central Avenue) – Fall Creek Place Area

Petitioner: Joe Smoker for Commodore Davis, seeking variances for three two-unit townhomes with zero-foot side setbacks, reduced lot widths, reduced front setbacks, and reduced open space. The proposal featured offset units to provide wider living spaces.

Staff: Recommended denial for most variances except the front setback. Staff argued that the proposed lot configuration does not follow historic patterns, would create hardships for future development, and that practical difficulties were not demonstrated since the site is undeveloped and could be developed with a traditional side-by-side layout.

Board Vote: Denied 1-4 (only Kelly voted yes; Duke, Young, Reuter, Banning voted no). The petition was continued for adoption of findings of fact.

2018 UV1003 (2245 W. 62nd Street) – Crooked Creek Area

Petitioner: David Miller for Tomas Eduardo Meta Revolorio, seeking a variance of use and development standards to store commercial vehicles and building materials on a residential lot, with a gravel storage area, reduced setbacks. Petitioner later amended to remove material storage and request only three commercial trailers on an 8,000 sq ft gravel area.

Remonstrators: Carmen Bailey (neighbor and Crooked Creek Community Organization land use chair) opposed, citing traffic safety, incompatibility with the residential character, potential runoff issues, and concerns about property values. She noted the property is near a library and a school, and that the alley is already used by commercial vehicles.

Staff: Recommended denial, stating the use is inappropriate for a residential zone, would set a precedent, and does not meet the comprehensive plan. Staff also noted that the neighbor’s similar trailers may themselves be violations.

Board Vote: Initially tallied as Young yes, others no (1-4), but the chair corrected the tally to 0-5 (all no) after clarifying that Young intended to vote no. Petition denied and continued for findings of fact.

2018 DV2008 (2317 S. Garfield Drive) – Garfield Park

Petitioner: Martin Kuntz, seeking a variance for a second-story addition to an existing detached garage to create an art studio, with a zero-foot south side setback for an exterior stairway. The stairway was proposed on the south side to meet visibility requirements for secondary dwelling units.

Staff: Recommended denial, suggesting the stairway could be placed on the north side to avoid the setback variance. Petitioner argued the north side has an existing door and window, and moving the stairway would require widening the driveway, creating more impervious surface.

Board Vote: Approved 5-0 (Kelly, Duke, Young, Reuter, Banning all yes).

2018 DV2010 (6320 N. College Avenue) – Broad Ripple

Petitioner: F. Douglas Staley Jr., seeking a variance for a 45.3 sq ft wall sign (6.5% of facade) for a St. Vincent immediate care center (zoned D7, max 3% allowed). Petitioner revised the design to 45.3 sq ft, flush-mounted, and committed to no ground sign, after discussions with Broad Ripple Village Association.

Staff: Recommended denial, citing potential traffic safety concerns and that the site can be identified with a smaller sign or an existing allowed ground sign.

Board Vote: Approved 4-1 (Kelly, Young, Reuter, Banning yes; Duke no), subject to the revised plan (45.3 sq ft, no raceways, no ground sign).

2018 DV2011 (1323 W. 32nd Street) – Center Township

Petitioner: Kevin P. Horn, seeking a variance to build a new 24x24 garage accessed from 32nd Street instead of the existing alley, which is in poor condition. He stated the alley is not maintained, the existing garage has been broken into, and he wants better visibility and safety.

Staff: Recommended denial, citing safety concerns with additional curb cuts on 32nd Street and that the alley is still usable for trash collection.

Board Vote: Approved 4-1 (Reuter, Duke, Kelly, Young yes; Banning no), with a commitment that the existing garage will be removed within one year of the grant.

2018 DB2017 (1815 Bade Road) – Warren Township

Petitioner: DJ Davis for Dwight and Janet Pertlebaugh, seeking variances to divide a 2.43-acre parcel into a 1.5-acre lot (with house) and a 1-acre lot (to be sold to a neighbor for a new home). The new lot would lack direct street access and have insufficient lot width (165 ft vs 250 ft required) and area (1 acre vs 3 acres minimum).

Remonstrators: None present. Petitioner noted the neighbor at 1807 Bade Road received a similar variance in 2005 and that the area has many substandard lots.

Staff: Recommended denial, stating the proposed lots do not meet the DA district’s requirements, would set a precedent, and that the strict application does not create a practical difficulty since the existing house can continue as is.

Board Vote: Approved 5-0 (Kelly, Duke, Young, Reuter, Banning all yes), with commitments that the access drive easement be paved and maintained within one year, and that an address sign be posted at the intersection with Bade Road.

Key Outcomes

• Approved variances:
  • 2018 DV1011, DV1012, DV2012, DV2014, DV2015, DV2018, UV1018, UV1021, UV1022 (all 5-0, UV1022 continued for findings).
  • 2018 HOV052 (5-0 over strong opposition).
  • 2018 DV2008 (5-0).
  • 2018 DV2010 (4-1 with conditions).
  • 2018 DV2011 (4-1 with commitment).
  • 2018 DB2017 (5-0 with commitments).
• Denied variances:
  • 2018 DV1010 (Central Avenue) – 1-4 (only Kelly yes).
  • 2018 UV1003 (W. 62nd Street) – initially 1-4 but corrected to 0-5 (unanimous denial after chair corrected vote).
• Continued/Administrative: Several cases continued to July 10, 2018, with or without new notice; one withdrawn; one transferred to another board.