Metropolitan Board of Zoning Appeals Division II Public Hearing – May 21, 2019

The Metropolitan Board of Zoning Appeals (BZA) Division II met on May 21, 2019, beginning at 1:00 p.m. in the Public Assembly Room of the City-County Building, Indianapolis, Indiana. Chair Mark Young presided with board members Alicia Reuter, Mary Kelly, James Duke, and Margaret Banning present. The board heard eight petitions, approved seven, denied one, and continued six docket items to later June 2019 hearings.

Continuances and Procedural Actions

• 2019-DV2-010 (429 Parkway Avenue) – continued to June 11, 2019, without additional notice at the petitioner's request; staff had no objection.
• 2019-DV2-008 (5325 Seerley Road) – continued to June 11, 2019, without additional notice; attorney Joe Calderon requested time for revised plans and review by the Decatur Township Civic Council.
• 2019-UV2-001 (1151 West Thompson Road) – continued to June 11, 2019, without additional notice; attorney John Cross cited a pending HOA and city-county councilor review.
• 2019-UV2-006 (3380 North Sherman Drive) – continued and transferred to the June 18, 2019 BZA III hearing without additional notice so the petitioner could provide additional information.
• 2019-SE2-001 (916 and 926 East 19th Street / 1901 Cornell Avenue) – automatically continued to June 11, 2019; the automatic continuance was acknowledged.
• 2019-DV2-006 (619 East Minnesota Street) – continued to June 11, 2019, without additional notice; staff noted the petitioner planned to amend the request.

Discussion Items / Petitions Heard

2019-DV2-003 – 1140 Ohio Street (Approved 5-0)

• Petitioner Mark Crouch sought a variance of development standards to convert a two-family dwelling into single-family attached dwellings and legally establish a zero-foot west side yard, a 2.5-foot east side yard, 2.5 feet between dwellings, and 39.5% open space (four-foot side yards, 10 feet between dwellings, and 55% open space required).
• Staff recommended approval subject to the site plan dated April 1, 2019; a discrepancy between the referenced site plan and the one included in the staff report was clarified.
• The board voted 5-0 to approve.

2019-DV2-004 – 232 North Oriental Street (Approved 5-0)

• Petitioner Josh Hreha requested variances for a garage addition, reduced setbacks, porch steps encroaching 5.5 feet into the right-of-way, access to Oriental Street, and 26% open space (15-foot rear setback, four-foot side setback, 18-foot front or average setback, and 55% open space required).
• Hreha stated the proposed configuration mirrors a home across the street and had neighborhood association support.
• Staff had no additional comments; the board voted 5-0 to approve.

2019-DV2-007 – 1440 Hoyt Avenue (Approved 5-0)

• Mark Crouch, for Goris Homes LLC, requested a variance to construct a detached garage creating 41% open space (60% required) and to legalize an existing 13-foot front setback, zero-foot side setbacks, and zero-foot separation from adjoining dwellings (18-foot front or average, three-foot side setback, and 10-foot separation required).
• Staff recommended approval subject to a commitment that the grant remains valid only while the existing structure is retained; if the structure is torn down or expanded, the grant is invalid.
• The board voted 5-0 to approve with that commitment.

2019-DV2-009 – 421 East Morris Street (Approved 5-0)

• The petition sought to legally establish an existing single-family dwelling and garage with a 10-foot front setback, two-foot side setbacks, a two-foot separation from a primary dwelling, and 51% open space (18-foot front or average, three-foot side setbacks, 10 feet between dwellings, and 60% open space required).
• Staff had no additional comments; the board voted 5-0 to approve.

2019-UV2-005 (Amended) – 6158 West 10th Street (Approved 5-0)

• Homes in Motion LLC requested a variance of use for a real estate office in a residential structure, plus one 24-square-foot ground sign; the original request for two 15-square-foot wall signs was removed by amendment.
• Attorney John Cross said the neighborhood supported the petition subject to commitments preventing the variance from running with the land. Staff recommended approval subject to those commitments.
• The board voted 5-0 to approve, subject to the submitted site plan and the commitments.

2019-DV3-008 (Amended) – 7307 Holliday Drive West (Setback Approved 4-1; Fence Approved 5-0)

• Andrew Thompson requested a variance for an addition with an eight-foot north side setback and a 20-foot aggregate side setback (12-foot side and 30-foot aggregate required) and a six-foot-tall privacy fence along the east side lot line within the front yard of 73rd Street (maximum four feet with 30% opacity or less).
• Staff had a split recommendation: denial of the reduced setback and approval of the fence as amended.
• The board voted on Part A (the setback) 4-1 to approve, with Alicia Reuter dissenting, and Part B (the fence) 5-0 to approve. The case was continued for updated findings of fact.

2019-DV2-005 – 3820 South Sherman Drive (Approved 3-2)

• Amanda Faux-Smith, for Amandeep Singh, requested variances to legalize a rebuilt porch with a two-foot side setback and a 20-foot front setback from the proposed right-of-way of Sherman Drive, and to legalize a storage barn with a one-foot south side setback (three-foot side setback and 35-foot front setback from the proposed right-of-way required).
• Faux-Smith withdrew the request related to the barn's side setback, stating the barn would be moved to comply.
• Staff recommended denial, arguing the work was done without proper permits and the deficient setbacks created maintenance and trespass concerns.
• The board approved the petition 3-2; it was continued for revised findings.

2019-UV2-007 (Amended) – 1027 Sears Street (Denied 5-0)

• Ana Lopez, through Amanda Faux-Smith, requested a variance of use to store multiple commercial vehicles in a proposed garage and to legally establish a shed with a five-foot north side setback (seven-foot side and 19-foot aggregate side setback required).
• Staff recommended denial, stating contractor vehicle storage is not permitted in residential districts, no peculiar hardship existed, and the use would extend commercial activity into a residential neighborhood.
• The board voted 5-0 to deny and continued the case for adoption of findings of fact; staff said it would clarify whether the existing shed must be brought into compliance.

Key Outcomes

• Approved: 2019-DV2-003, 2019-DV2-004, 2019-DV2-007, 2019-DV2-009, 2019-UV2-005, 2019-DV3-008 (both parts), and 2019-DV2-005.
• Denied: 2019-UV2-007.
• Continued: 2019-DV2-010, 2019-DV2-008, 2019-UV2-001, 2019-UV2-006, 2019-SE2-001, and 2019-DV2-006 to later June 2019 hearings.
• Several approvals were conditioned on site plans, commitments not to let variances run with the land, or commitments to retain existing structures; certain cases were continued to adopt or revise findings of fact.