Indianapolis Metropolitan Board of Zoning Appeals Division Two – November 13, 2018
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Indianapolis Metropolitan Board of Zoning Appeals Division Two – November 13, 2018
The Metropolitan Board of Zoning Appeals, Division Two, met on November 13, 2018, at 18:00 local time, chaired by Mark Young. The board heard several petitions for variances, special exceptions, and continuances. Key decisions included approval of a special exception for a crematorium, approval of multiple development standard variances, and a contentious denial of a use variance for a church’s housing ministry.
Consent Calendar
- 2018 SE 2002: Special exception for a crematorium at 2020 Montcalm Street (Washington Park Cemetery Association). Approved unanimously (5-0).
- 2018 DV2 036: Variance for commercial building at 1105 English Avenue (Lexington Place LLC). Approved unanimously (5-0).
- 2018 DV2 037: Variance for signs at multiple addresses (Buckingham Properties). Approved unanimously (5-0).
- 2018 DV2 045: Variance for single-family dwelling at 2314 Woodlawn Avenue (Randall Hubble). Approved unanimously (5-0).
- 2018 DV2 041: Variance for single-family dwelling at 755 Terrace Avenue (Benchmark Design Homes LLC). Approved unanimously (5-0).
- Continuances: Several petitions were continued to December 11, 2018, or February 12, 2019, without objection.
Public Comments & Testimony
- 2018 UV 2017 (10th Street Baptist Church): David Hittle (NESCO Land Use Committee) opposed the expansion, citing poor living conditions, safety hazards, and violation history. James Taylor (John Bonner Neighborhood Center) described appalling conditions during a tour, including missing smoke detectors and blocked stairwells. Joe Bowling (Inglewood CDC) questioned the claim that commercial space was unviable without adequate marketing. Tim Harmon (business owner) testified about unsanitary conditions inside the 970 Olney house. Chris Staub (Rivley Park Neighborhood) detailed the initial complaint and noted 17 police calls to one address. Natalie Waite (Near East Side Association of Tenants) opposed the use but supported decent housing. Remonstrators urged denial of the expansion.
Discussion Items
- 2018 UV 2017: Petitioner David Rutherford argued that the variance was necessary to legally establish housing for men in a ministry, emphasizing that the properties were previously vacant and that the ministry had improved them. He noted that staff recommended approval with conditions, including caps on residents. The board debated the living conditions and the petitioner’s history of violations. Ultimately, the board voted 2-3 to deny the variance.
- 2018 UV 2023 (Hector Lozano): Petitioner Jason Burke presented a case for adding a second-floor residence and expanding storage at a contractor’s site. He argued that the business had grown and that the expansion would not negatively impact neighbors. Staff recommended denial, citing conflict with the comprehensive plan and potential impacts on property values. The board approved the variance 4-1, with one member dissenting due to concerns about the modern design and storage.
Key Outcomes
- 2018 UV 2017 (10th Street Baptist Church): Denied (2-3). Votes: Duke (yes), Kelly (no), Young (yes), Reuter (no), Banning (no). The petition was continued for adoption of findings of fact.
- 2018 UV 2023 (Hector Lozano): Approved (4-1). Votes: Banning (no), Duke (yes), Kelly (yes), Young (yes), Reuter (yes).
- Other variances: All unanimously approved.
- Continuances: 2018 DV2 028 (North College Ave) continued to Dec 11; 2018 DV2 044 (1221 N Bevel Ave) continued to Dec 11; 2018 DV2 045 (2314 Woodlawn) waiver of notice granted; 2018 DV2 042 (401 Parkway Ave) continued to Dec 11 with notice; 2018 DV2 034 (1102 & 1108 Fletcher Ave) continued to Dec 11 without notice; 2018 DV2 043 (1329 Marlowe Ave) continued to Dec 11 without notice; 2018 DV2 026B (3155 Bonham Dr) continued to Feb 12, 2019, month-to-month without notice.
- Withdrawal: The development standards variance (sign) portion of 2018 UV 2017 was formally withdrawn.
Meeting Transcript
I don't want it unless you stand before it well then I certainly don't care. If we get confused. I'm gonna say this one more time because we're gonna start pretty soon. If you have not already brought me an attendance slip indicating who you are and what petition you are here for today, I want that now. Also, if you have any exhibits to submit for a petition being heard today, I want that now as well. Thank you. Oh, he's all right. Uh this is a public hearing of the Metropolitan Board of Zone and Appeals, Division Two. I am Mark Young, Chairperson of Division Two. The other board members present are to my left, Alicia Ruder and Margaret Banning, and to my right, uh Mary Kelly and James Duke. Legal counsel for the board today is Chris Steinmetz recording these proceedings today is Ron Hampton. Staff members present today from the division of planning are Heather Steffen, Senior Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2, Jeffrey York, Senior Planner, Robert Ulanhake, Senior Planner, and Paige Story, Senior Planner. Keith Holwartz is the current planning administrator. The board has copies of the zoning ordinance that will be incorporated by reference into the record of each of the cases 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. Remonstrators and persons appearing in opposition to the petition. 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 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 is it 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 petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedures, including posting of the notice signs on the subject property at least 23 days prior to the hearing, the board may continue the petition. Anyone at this at this hearing who thinks complete and proper notice has not been given and would like the petition to continue to a 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 a parking area, and the dedication of rights away or 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 other with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement 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 various grant is a violation enforceable by the dividends of 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. Is there anyone in the audience who has any questions about our procedures? Not thank you. With that, we will um consider special requests and continuances at this time. Chairperson Young, members of the board, David King and with offices at 618 Smart Street here before you today on the second petition of your continued petitions 2018 D V two O two eight property at 2019 through 2029 North College representing Indy Properties LLC. We are still having discussions with the Kennedy King neighborhood and also went to file some additional documentation to staff, and therefore we filed a request to continue this petition from today's date to your December 4th hearing, and that would be without additional notice. That's what I thought. Well, yeah, it is. Do you want you want Division 1? Is that what you requested? Oh, I'm sorry. As that would be the 11th, I'm sorry.
openpublica.com