Metropolitan Board of Zoning and Appeals Division 2 Meeting - June 11, 2019

The Metropolitan Board of Zoning and Appeals Division 2 convened on June 11, 2019 at 6:15 PM under Chairperson Mark Young. Board members present included Margaret Bannon, Mary Kelly, and James Duke. Legal counsel Chris Steinmetz and staff from the Division of Planning were present. The agenda consisted of continuances, withdrawals, and multiple variance and special exception petitions. Several petitions were continued to future dates, some were withdrawn, and decisions were made on development standard and use variances.

Consent Calendar

• 2019 SE 2002 & 2019 UV 2008 (2110 Bloyd Ave): Continued to July 9, 2019 without additional notice at the petitioner’s request due to concerns from the Marion County Department of Health.
• 2019 DV 2011 (9445 N Meridian St): Continued to August 6, 2019 with transfer to BZA1 and additional notice, requested by petitioner to allow time for community engagement and amendment for an eight-foot fence.
• 2019 DV 2006 (619 E Minnesota St): Withdrawal acknowledged.
• 2019 UV 2010 (1501 Leslie Ave): Automatically continued to July 9, 2019 via timely filing by registered neighborhood organization.
• 2019 DV 2013 (1431 N Colorado Ave): Continued to July 9, 2019 without additional notice per staff/petitioner agreement.
• 2019 UV 2001 (1151 W Thompson Rd): Withdrawal acknowledged.
• 2019 UV 2009 (6401 Zionsville Rd): Automatically continued to July 9, 2019 via timely filing.
• 2019 DV 2010 (429 Parkway Ave): Continued to July 9, 2019 without additional notice at petitioner’s request.

Public Comments & Testimony

• 2019 SE 2001 (Sunrise Missionary Church parking lots): Lucia Voshel (1906 Cornell Ave) expressed concerns about a proposed retention pond (health/safety) and requested signage, fence extension, and evergreen trees. Cynthia Hooks (Kennedy King Neighborhood Association president) supported the church’s plan unanimously with conditions: a six-foot privacy fence, proper drainage, and signage indicating overflow parking only. Pastor James Johnson and contractor James Long testified in favor, noting the church’s 50-year community service and million-dollar addition.
• 2019 DV 3013 (pole barn, 7645 W 96th St): Jim Calhoun (neighbor to the north) supported locating the pole barn in front of the house to preserve his property view and privacy.
• 2019 DV 2014 (dog daycare, 11 W Stop 11 Rd): Mark Stalitz (120 W Stop 11 Rd) outlined five stipulations as conditions for support: signage size/placement, privacy fence locations, setback of dog area 100 ft from rear garage, keeping front garage door closed, and daily cleanliness. He and his wife emphasized maintaining a residential appearance. Ned Raddock (Meridian Church of God) asked for ongoing dialogue if concerns arise.

Discussion Items

Continuances and Procedural Matters

• The board handled multiple continuances and withdrawals without objection, as noted in the Consent Calendar.

2019 DV 2008 (5325 Searley Rd) – Tractor trailer parking with transitional yard variances

• Petitioner Joseph DeCauldron noted support from Decatur Township Civic Council and tendered requested commitments. Staff recommended approval with two commitments. Vote: 4-0 approved.

2019 DV 2012 (4624 W 38th St) – Standalone ATM variance

• Petitioner Timothy Oaks noted support from Pike Township Residents Association and agreement with staff. Staff recommended approval with commitment (no signage on south facade). Vote: 4-0 approved.

2019 DV 1019 (5208 E 62nd St) – Lot width variance to remedy encroachment

• Petitioner Paul Carroll explained a surveying error caused a house to be built 4 ft over the property line. The variance would transfer 13 ft (amended from 11 ft) of the subject lot to the adjacent lot, leaving a 57-ft-wide lot (80 ft required). Staff recommended denial, citing alternatives like absorbing the lot into adjacent properties and concerns about future variances. The petitioner offered a commitment not to seek additional variances. Vote: 4-0 approved.

2019 DV 1026 (8320 U.S. 31 S) – Electronic variable message sign within 250 ft of protected district

• Petitioner Joseph DeCauldron proposed replacing three manual sign panels (81 sq ft) with one digital panel (54.10 sq ft). Commitments included no blinking/scrolling, 30-second static messages, dimming, and sign turned off 10 p.m. – 6 a.m. Staff recommended denial, citing potential glare, impact on six dwellings, and lack of practical difficulty. Vote: 3-1 approved (Bannon dissenting).

2019 DV 1027 (6221 N Keystone Ave) – Electronic variable message sign within 320 ft of protected district

• Similar proposal at a different Crew Car Wash location. Petitioner argued sign would be lowered 4 ft and screened by existing landscaping. Staff recommended denial, citing unobstructed views for multiple homes and no practical difficulty. Vote: 3-1 approved (Bannon dissenting).

2019 DV 3013 (7645 W 96th St) – Pole barn in front yard, taller than 24 ft, built before dwelling

• Petitioners Ronald and Marcia Streets sought to build a 25.5-ft-tall pole barn in the front yard (300 ft from road) to store construction equipment before building a new home. Staff split recommendation: deny front-yard placement but approve other aspects if barn moved to rear. Neighbor Jim Calhoun supported front placement to protect his view. Vote: The board voted on the petition as submitted. Kelly no, Duke yes, Young yes, Bannon no – a 2-2 tie, resulting in denial (motion not carried).

2019 SE 2001 (916 & 926 E 19th St, 1901 Cornell Ave) – Special exception for church overflow parking lots

• Sunrise Missionary Baptist Church requested 12 additional parking spaces (6 on each lot) as part of a million-dollar expansion. Petitioner Lester Carver presented landscaping plans. Neighbors and Kennedy King Neighborhood Association supported with conditions: six-foot privacy fence, proper drainage, and signage. The church agreed to extend the existing fence at its cost and work with neighbors on drainage. Vote: 4-0 approved with commitment to provide signage and adhere to staff recommendations.

2019 DV 2014 (11 W Stop 11 Rd) – Outdoor dog run and training area for dog daycare

• The Alex and Alley Foundation proposed a boutique dog daycare employing young adults with intellectual disabilities. The outdoor area would be within 0 ft of a protected district (100 ft required). Nearby residents expressed concerns about noise, odor, and property values but offered stipulations. Staff recommended denial, citing noise and potential commercial impacts. The board continued the case to July 9, 2019 to allow the petitioner to work with neighbors and staff on an amended plan of operation and commitments.

2019 DV 2015 (9860 E McGregor Rd) – Pole barn with 12-ft east side setback (30 ft required)

• Petitioner Barbara Quinn requested a reduced setback to avoid floodplains and preserve neighbor’s view. Staff recommended denial, citing ability to move the barn 18 ft west without encroachment. Vote: 3-1 approved (Duke dissenting).

Key Outcomes

• Votes by case:
  • 2019 DV 2008: Approved 4-0.
  • 2019 DV 2012: Approved 4-0.
  • 2019 DV 1019: Approved 4-0.
  • 2019 DV 1026: Approved 3-1 (Bannon no).
  • 2019 DV 1027: Approved 3-1 (Bannon no).
  • 2019 DV 3013: Denied (tie vote 2-2).
  • 2019 SE 2001: Approved 4-0.
  • 2019 DV 2015: Approved 3-1 (Duke no).
• Continuances: Several cases continued to July 9 or August 6, 2019, as noted.
• Commitments: In multiple approvals, commitments were made part of the decision (e.g., sign operational limits, no additional variances, fence upgrades).
• Administrative: Negative findings of fact adopted for 2018 DV 2047 and 2019 UV 2007.