Metropolitan Board of Zoning Appeals Division 2 Public Hearing - July 10, 2018

The Metropolitan Board of Zoning Appeals Division 2 convened on July 10, 2018, at 6:00 PM under Chairperson Mark Young to hear requests for variances, special exceptions, and modifications of conditions. Board members Alicia Ruder, Margaret Banning, Mary Kelly, and James Duke were present. The meeting addressed multiple petitions, including continuances, withdrawals, and expedited cases, as well as contested applications for outdoor storage, snow removal operations, and a residential fence. Decisions were made on all items, with most approvals being unanimous.

Procedural Actions

• Continuances and Withdrawals: Several petitions were continued to future hearings with or without additional notice: 2018 UV2-013 (continued to August 7), 2018 DV2-022 (continued to August 14 without notice), 2018 UV2012 (continued to August 14 with new notice), 2018 DV2020 (continued to August 14 with new notice), 2018 DV2013 (continued to August 14 without notice). Petition 2018 DV3-020 was withdrawn; a partial refund request was deferred to staff.
• Expedited Transfers: Cases 2018 HOV 076, 2018 SE3-004, and 2018 MO2001 were moved to the expedited list and subsequently approved unanimously.

Public Comments & Testimony

• Cheryl Factor (5750 West 80th Street) expressed concerns about existing flooding on the property west of 8020 Zionsville Road, stating that annual flooding affects her outbuilding and that additional paving could exacerbate the issue. She did not formally oppose the variance but urged a comprehensive drainage study. The petitioner’s engineer testified that the addition of less than 0.5% impervious surface would not materially worsen drainage, and that a drainage permit would be required.

Discussion Items

2018 HOV 016 – 8020 Zionsville Road (Pike Township, Zone I2)

• Petitioner (Tim Oaks, BHZ LLC): Requested variances to expand a parking lot south of the building and to legally establish a 29.7-foot west side setback (30 feet required). Argued the setback deviation was minor (0.3 feet) and that additional parking was needed for the building’s new use. Presented engineering reports showing no flooding issues after record rainfall in April 2018 and committed to ditch improvements already completed.
• Staff: Recommended approval, noting the practical difficulty of adding parking on a site built under older ordinances and that the drainage concerns would be addressed at the improvement location permit stage.
• Board Decision: Approved unanimously (5-0).

2018 UV 3015 – 4140 West Washington Street (Wayne Township, Zones C5/C7)

• Petitioner (Paul Lamby, Tovar Snow Professionals): Sought variances to allow a snow removal contractor (use not permitted in C5), outdoor salt storage exceeding 10 feet in height (proposed 23-foot peak salt bin), and a zero-foot rear transitional yard. Argued the site historically was used for heavy commercial operations, that screening walls and landscaping mitigated impacts, and that relocation to the C7 portion of the lot would be infeasible.
• Staff: Recommended denial, citing the comprehensive plan’s preference for low-intensity commercial uses, the ordinance’s restrictions on outdoor storage near protected districts, and the availability of alternative compliant options. Staff noted that adjacent approved variances had commitments prohibiting outdoor storage.
• Board Decision: Denied (4-1, with Duke voting yes) after a motion to approve subject to petitioner’s commitments failed. The board adopted findings of fact supporting denial.

2018 UV 2005 – 6155 Guion Road (Pike Township, Zone I2)

• Petitioner (Ray Basile, Frase Investments): Requested variances to permit outdoor storage and heavy outdoor storage exceeding the 25% floor area ratio (requested 125%) and within 35 feet of a protected district (500 feet required). The owner had used the property for 20 years without complaints; an auto repair use was withdrawn after enforcement. Sixteen commitments included screening, limited hours, and no increase in intensity.
• Staff: Recommended denial, citing the comprehensive plan’s call for light industrial uses with limited outdoor storage, but acknowledged the petitioner’s commitments and letters of support from neighbors and the Pike Township Residents Association.
• Board Decision: Approved (3-2, with Banning and Reuter voting no) subject to the commitments filed July 9, 2018. The board ordered revised findings of fact.

2018 DV2023 – 5209 Papas Drive (Franklin Township, Zone D4)

• Petitioner (Terry Thomas): Requested a variance to keep a 6-foot privacy fence in the front yard (maximum 42 inches). She explained security concerns, dog harassment by pedestrians, and plans for a pool. A petition from 12 neighbors supported the fence.
• Staff: Recommended denial, stating that the fence creates a compound aesthetic and that alternative locations (e.g., moving it 24 feet back) or reducing height to 42 inches would comply. No practical difficulty justified the variance.
• Board Decision: Denied (3-2, with Young and Duke voting in favor, Kelly, Reuter, Banning opposed). The board adopted findings of fact.

Key Outcomes

• Approved unanimously (5-0):
  • 2018 SE2-001 (religious use special exception, 3440 North Hovey Street)
  • 2018 UV2-014 and 2018 UV2-015 (Lexington Avenue residential variances)
  • 2018 UV2-016 (Shelby Street commercial variance)
  • 2018 HOV 076 (Lexington Avenue single-family dwelling with multiple setbacks)
  • 2018 SE3-004 (Linden Street shelter special exception)
  • 2018 MO2-001 (modification of conditions for auto sales)
  • 2018 HOV 016 (Zionsville Road parking and setback variances)
• Approved with conditions (3-2): 2018 UV2-005 (outdoor storage on Guion Road)
• Denied (4-1): 2018 UV3-015 (Tovar snow removal use and storage)
• Denied (3-2): 2018 DV2-023 (front yard privacy fence)
• Continued: Several petitions as noted above.
• Next Steps: Petitioners for approved variances must comply with conditions (e.g., drainage permits, landscaping plans) and submit an affidavit of compliance within 30 days of completion. The board adjourned with a reminder of a training session later in July.