Metropon Board of Zoning Appeals Division 2 Public Hearing - July 9, 2019
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Metropon Board of Zoning Appeals Division 2 Public Hearing - July 9, 2019
This was a regular public hearing of the Metropon Board of Zoning Appeals, Division 2, held on July 9, 2019, at 6:00 PM. The board considered multiple petitions for variances, special exceptions, and continuances. All decisions were unanimous, with several items continued to the August 13, 2019 meeting.
Consent Calendar
- 2019 D V two 017 (1401 Leonard Street): Continuance to August 13, 2019, without additional notice. Motion passed unanimously.
- 2019 UV two zero zero eight (2110 Blood Avenue): Moved to expedited docket. Motion passed unanimously.
- 2019 D V two 013 (1431 North Colorado Avenue): Continued to August 13, 2019, without additional notice. Motion passed unanimously.
- 2019 UV two-012 (1040 East 75th Street): Automatic continuance to August 13, 2019, acknowledged without objection.
- 2019 UV two zero one four (4831 Oakno Drive): Continuance to August 13, 2019, without additional notice. Motion passed unanimously.
Public Comments & Testimony
- Petitioner (unidentified name) for 2019 DB two-014 (111 West Stop 11 Road): Expressed desire to proceed on the current date rather than continue, arguing that a month's delay would cause inconvenience and that preparation was done overnight without communication. However, the board decided to continue the case to August 13, 2019, as published.
- Christina Bruno (attorney for Lutheran Child and Family Services): Presented Petition 2019 UV 2010 for a variance of use to allow a group home emergency shelter for up to 10 children (ages 8-13). Noted no remonstrators, neighborhood support, and staff support. The variance was approved.
- James R. Cotterall (property owner): Presented Petition 2019 UV two zero one one for a variance to create a parking lot at 237 and 241 West 38th Street for an existing ministry. Asked to proceed that day despite a requested continuance; the board voted to decide immediately with added commitments. The variance was approved.
- Justin Kingan (petitioner for 2019 DV2019, 1147 Span Avenue): Presented a variance of development standards for a single-family dwelling and detached garage. A remonstrator, Jackie (surname not provided), voiced opposition. The variance was approved.
Discussion Items
- 2019 D V two zero one nine (1147 Span Avenue): Originally on expedited docket but moved to full hearing due to a remonstrance. After testimony, the board voted to approve the variance.
- 2019 SE 2002: Special exception for a community room use. Staff requested four commitments: limit on number of ovens, landscaping plan, community room for dinner events, and approval of items. The board voted to approve with those commitments.
- Commitments for 2019 UV two zero one one: Staff recommended three commitments (including landscaping plan submission); the board added a fourth (community room for dinners). All approved.
Key Outcomes
- All continuance requests were granted, moving cases to the August 13, 2019 hearing date.
- 2019 D V three zero one zero: Variance approved. Vote: 5-0.
- 2019 UV 2010 (1501 Leslie Avenue): Variance of use for group home emergency shelter approved. Vote: 5-0.
- 2019 UV two zero one one (237 & 241 West 38th Street): Variance of use and development standards for parking lot approved with four commitments. Vote: 5-0.
- 2019 SE 2002: Special exception approved with four commitments. Vote: 5-0.
- 2019 DV2019 (1147 Span Avenue): Variance of development standards approved. Vote: 5-0.
Meeting Transcript
If everyone has brought me an attendance slip indicating who you are and what petition you are here for today, I appreciate it, and I thank you very much. If there's anybody out there that plans to speak today who has not brought me an attendance slip, I want it now, please. Thank you. Call to order. Good afternoon. This is a public hearing of the Metropon Board of Zoning Appeals, Division 2. I am Mark Young, Chairperson of Division Two. The other board members present are to my left, Alicia Ruder and Margaret Branding. And to my right, uh Mary Kelly and James Duke. Legal counsel for the board today is Chris Steinmetz. Recording these proceedings today are is Ron Hampton. Staff members present today from the Division of Planning are Heather Steffen, Senior Board Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2, Jeffrey York, Senior Planner, Robert Udenhake, Senior Planner, Paige Story, Senior Planner, and try to get it right. Sorry. The proceedings of this hearing are governed by the Board's rules of rules of procedure. The expedited cases will be heard immediately after all requests for continues or withdrawals. 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. Staff will then present the administrative comments regarding the petition. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due 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 of way are examples. These conditions and commitments are an integral part of the board's decision and must be met for a granting variance to be valid. Compliance 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 location permit must be obtained prior to the establishment of the 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 a hearing 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 mailing address and a reference to the board's petition numbers. Forms are available and may be obtained from the board secretary. Please be advised that contact the 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? If not, we will consider special requests and continuances at this time. Good afternoon. I'm Anda Foe Smith, 337 North Riley Avenue, Indianapolis, Indiana, 46201. The case number is uh 2019 D V two Zero One Zero. Um we are requesting a continuance and a transfer. We're still working um on our site plan and uh the community neighborhood association is still going back and forth, so we would like to go ahead and continue. You want to continue to the August 6th. August 6th, BZA 1. That'll work. Uh is there anyone in the audience that has any interest in 2019 D V two Zero O 429 Parkway Avenue? Staff Thank you. Staff has no objection to this continuance request and transfer without additional notice. Thank you. Uh I'll entertain a motion to transfer 2019 D V two Zero O429 Parkway Avenue to the August 6 BZA one hearing date, and that is without additional notice. So move. All in favor? Aye.
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