Indianapolis Metropolitan Board of Zoning Appeals Division Two Meeting - October 9, 2018
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Indianapolis Metropolitan Board of Zoning Appeals Division Two - October 9, 2018
The Metropolitan Board of Zoning Appeals Division Two, chaired by Mark Young, held a public hearing on October 9, 2018, to consider several variance requests and continuances. The board voted on multiple petitions, including approvals and denials, and continued several cases to future dates.
Continuances and Procedural Motions
- 2018 DV2028 (2019-2029 N College Ave) continued to the November 13, 2018 hearing without additional notice.
- 2018 DV2034 (1102-1108 Fletcher Ave) continued to the November 13, 2018 hearing without additional notice.
- 2018 DV2036 (1105 English Ave) continued to the November 13, 2018 hearing with additional notice due to amendments.
- 2018 DV2037 (231 Virginia Ave, 336 S Delaware St, 302-322 E Louisiana St, 230 S Alabama St, 237 S Delaware St) continued to the November 13, 2018 hearing without additional notice.
- 2018 UV2023 (8438 Crawfordsville Rd) continued to the November 13, 2018 hearing with additional notice.
- 2018 UV2021 (1318 N Capitol Ave) was moved to the expedited docket and later heard.
- The garage portion of 2018 DV2026 (3155 Bonham Dr) was continued to the November 13, 2018 hearing without additional notice to allow the petitioner to seek an encroachment permit from the Department of Business and Neighborhood Services.
Public Comments & Testimony
- Glenda Arieta (petitioner, resident of 525 N Temple Ave) spoke in favor of retaining a 47-inch tall opaque fence in the front yard and a 10-foot tall fence in the side and rear yards, citing the need to safeguard her 16 dogs, neighbors, and herself. She stated that animals had jumped over the fence in the past and that Animal Care Control had no issues with her current setup.
- David Legg (remonstrator, resident of 3172 N Centennial Ave) opposed the variances at 3155 Bonham Dr, raising concerns about stormwater runoff from proposed paving that could flood neighboring properties, the fence enclosing a utility pole (hindering access for repairs), and the garage being constructed without proper permits. He also disputed the petitioner's claim that he lived directly behind the property.
- Jacob Nelson (petitioner, resident of 2222 N Delaware St) presented his case for additions at 2230 N Delaware St, emphasizing that the current 1,500 sq ft, two-bedroom home is one of the last on the block unrenovated. He argued that building to the front and south side was the only viable option due to roof lines, interior space constraints, and the need for a usable backyard. He provided letters of support from all surrounding neighbors and the Fall Creek Place HOA, and cited two prior variances (2002 DV3029 and 2006 CVR 814) that granted similar setbacks in the neighborhood.
Discussion Items
- 2018 UV2022 (2240 N Meridian St): David Kingan represented the petitioner (AEP Charter Meridian LLC) for a variance of use to convert a recently constructed charter school building into office use for a nonprofit. No initial building changes were planned, and the petitioner agreed to file a regional center petition for any exterior improvements. Staff had no additional comments. The board approved the variance unanimously (5-0).
- 2018 DV2022 (525 N Temple Ave): Glenda Arieta requested variances to keep a 47-inch opaque brick fence in the front yard and a 10-foot tall fence in the side and rear yards. Staff recommended denial, stating that the fence height violated ordinance standards and that no practical difficulty existed; suggested alternatives like landscape plantings or electric fencing. The board split the request: Part A (front yard fence) was approved 5-0, and Part B (side/rear fence) was denied 0-5. Findings of fact will be adopted.
- 2018 UV2021 (1318 N Capitol Ave): Jeff Cowser and Andy Bulla of Indy Brew Bus LLC requested a variance of use to allow a bar/tasting room in an existing automotive garage. Staff had recommended commitments, including submission of a regional center petition for a dumpster enclosure within 60 days. The petitioner agreed to all commitments. The board approved the variance unanimously (5-0).
- 2018 DV2026 (3155 Bonham Dr): Antonio Lisenby requested variances for a detached garage with a three-foot rear setback (five feet required) and two-foot encroachment into a utility easement, plus an eight-foot fence in the utility easement and a seven-foot side yard fence (six feet maximum). Staff recommended denial, citing the lack of permits, utility access issues, and the compound aesthetic of tall fences. Neighbor David Legg remonstrated against the drainage and utility pole concerns. The board continued the garage portion to November 13 for an encroachment permit review, then voted on the fence portion separately. The fence variance was denied 0-5. Findings of fact will be adopted.
- 2018 DV2033 (2230 N Delaware St): Jacob Nelson requested variances for additions to a single-family home: a 10-foot front setback (18 feet required), a six-foot south side building separation (10 feet required), and to legally establish an existing two-foot north side setback and nine-foot building separation. Staff recommended approval for the existing north side deficiencies (pre-dating zoning) but denial for the new construction variances, arguing that the front setback reduction was a 44% deviation from the average block setback and that the south side separation would negatively impact adjacent properties. The board voted 3-2 (Young, Reuter, Banning in favor; Duke, Kelly opposed) to approve the entire petition, including the new construction variances.
Key Outcomes
- Approved:
- 2018 UV2022 (2240 N Meridian St): Variance of use for office, approved 5-0.
- 2018 DV2022 Part A (525 N Temple Ave): 47-inch front fence, approved 5-0.
- 2018 UV2021 (1318 N Capitol Ave): Variance of use for bar/tasting room, approved 5-0.
- 2018 DV2033 (2230 N Delaware St): Variances for additions including reduced front setback and south side building separation, approved 3-2.
- Denied:
- 2018 DV2022 Part B (525 N Temple Ave): 10-foot side/rear fence, denied 0-5.
- 2018 DV2026 fence portion (3155 Bonham Dr): Fence variance, denied 0-5.
- Continued:
- Multiple cases continued to November 13, 2018 (see Continuances section). The garage portion of 2018 DV2026 continued to November 13 without additional notice.
- Next Steps: Petitioners for denied cases may submit revised proposals; findings of fact will be adopted for 2018 DV2022, 2018 DV2026, and others as noted. The board also acknowledged negative findings of fact for petition 2018 DV2024, but no further action was taken.
Meeting Transcript
Uh call to order. This is a public hearing of the Metropolitan Board of Zon and Appeals, Division Two. I am Mark Young, Chairperson of Division Two. The other board members present are Alicia Ruder and Margaret Banning to my left and Mary Kelly and James Duke to my right. Legal Counsel for the Board today is Chris Steinz recording these proceedings today is Ron Hampton. Staff members present today from the Division of Planning are Heather Stefan, Senior Specialist and Secretary to the Board, Larry Callaway, Principal Planner Two, Jeffrey York, Senior Planner, Robert Eulon Hake, Senior Planner, Christopher Myers, Senior Planner, and Paige Story, Senior Planner. Keith Holt Keith Holdsworth is the current planning administrator. The board has copies of the zoning ordinance that will be incorporated by reference into the recorded into the record of each case heard today. 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 should have a maximum of 15 minutes for the presentation of evidence, statements and arguments in support of the 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 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 on a brief closing statement. No further evidence, statements, or arguments will be heard. 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 notices requirements as stipulated by the board's rules of procedures, including the posting of notice signed on the 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 right-of-ways are examples. These conditions and commitments are integral part of the board's decision and must be met for a granted variance to be valid. Compliance with conditions imposed by the board must be must be proved by an affidavit of 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 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 request must be filed within five days of the board's decision and must include the person's full name and correct mailing address as 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 early at all times, and please be sure all cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedures? If not, we will consider special requests and continuances at this time. Chairman Young, members of the board, David Kingan with offices at 618 East Market Street here before you on case 2018 DV2028 as amended property at 2019 through 2029 North College, representing Indy City Properties LLC. We have been working with the Kennedy King Land Use Committee on this petition and are set to return to them in this next week. And therefore, we filed a request to continue this petition to your November 13th public hearing, and that would be with or without additional notice if additional notice is needed. Thank you. Is there anyone in the audience that has any interest in 2018 DV2028 2019 and 2029 North College Avenue? Staff. Thank you, Chairperson Young, members of the board. Staff has no objection to the request to continue this petition to your November 13th hearing without additional notice unless changes to the petition require new notice. Thank you. I'll entertain a motion to move 2018 D V two Zero Two Eight 2019 through 2029 North College Avenue to the November 13th board hearing that is without additional notice. All in favor? Aye. Opposed. Thank you. Thank you very much.
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