Metropolitan Board of Zoning Appeals Division Two Public Hearing - September 10, 2019
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Metropolitan Board of Zoning Appeals Division Two Public Hearing - September 10, 2019
The Metropolitan Board of Zoning Appeals Division Two held a public hearing on September 10, 2019, chaired by Mark Young, with members Mary Kelly and James Duke present, later joined by member Reuter. The board considered continuances for two petitions and ruled on two variance requests. Staff from the Division of Planning provided comments.
Continuances
- 2019 UV 2009 (6401 Zionsville Road): The petitioner (AT&T) requested a 30-day continuance to continue working with the Pike Township Residents Association on a potential alternative site. Staff had no objection. The board unanimously approved the continuance to the October 8, 2019 hearing without additional notice.
- 2019 UV 2014 (4831 Oaknoll Drive): Petitioner Justin King requested a 30-day continuance to allow more time to meet with the city-county counselor. Staff had no objection. The board unanimously approved the continuance to the October 8, 2019 hearing without additional notice.
Variance Requests
- 2019 DV2025 (6462 Avocado Drive, Perry Township): Petitioner Elizabeth Vence Williams (land use planner) requested a variance to allow a 4-foot-tall subdivision identification sign on a 3.5-foot-tall fence with a zero-foot setback from the right-of-way, where a 15-foot front setback and restrictions on signs in the right-of-way normally apply. Staff noted agreement with an addendum in their report. The board voted 3-0 (Kelly, Duke, Young) to approve the variance.
- 2019 DV2026 (8641 Rawls Avenue, Warren Township; address corrected to 1104 South Post Road): Petitioner Joshua H. Kriblar requested a variance to allow more than five double-loaded rows of parking in the front yard, where only one double-loaded row is permitted. The additional rows were needed to separate passenger vehicle parking from truck lanes. Staff noted a condition that landscape requirements must be met. The board voted 4-0 (Kelly, Duke, Young, Reuter) to approve the variance.
Other Business
- The board acknowledged amended findings for case 2019 DV3008, passed along by Board Member Duke, with no further discussion.
Key Outcomes
- Both continuances (2019 UV 2009 and 2019 UV 2014) were granted to the October 8, 2019 hearing without additional notice.
- Variance 2019 DV2025 was approved (3-0).
- Variance 2019 DV2026 was approved (4-0).
- Amended findings for 2019 DV3008 were accepted.
Meeting Transcript
Yeah, wait, I'll let him open his bag. I don't want it to be on the microphone. Make sure you are the zone. The call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Two. I am Mark Young, Chairperson of Division Two. The other board members present currently are Mary Kelly to my right, 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 Steffens, Senior Board Specialist and Secretary to the Board. Uh Robert Ulan Hay, Senior Planner, and Marlena Eretha. I know I just jumbled that, didn't I? Senior planner. Keith Holworth is the current planning administrator. The board has copies of the zoning ordinances that will be incorporated by reference 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 a case being heard shall have a maximum of 15 minutes for the presentation of evidence statements and arguments in support of the petition. Remonstrators and persons appear 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. No further evidence statements or arguments will be heard unless it is at the discretion of the board. Anyone at this hearing who thinks complete and proper notice is not being given and would like to petition to continue due to a lack of proper notice must bring this matter to the board's attention at the beginning of the hearing. 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 approving location permit must be obtained prior to the establishment of the authorized improvements. Please be advised that contact members of the board regarding the 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 request to continuances at this time. This matter has been previously continued once by I think an automatic request, a second time, most recently by ATT. We continue to work with the Pike Township Residents Association and keep them informed of our progress on this site in a potential uh alternative location that they've uh recommended to us and uh request an additional 30-day continuance so we can continue to work through those issues and we've been keeping uh the PTRA advised of our progress on a regular basis, uh, both verbally and in writing uh to let them know and told them we would be seeking a continuance here today as well. Okay, thank you. Um excuse me. Is there anyone in the audience that has any interest in 2019 UV 2009 6401 Zionsville Road? Stafford Thank you, Chairman Young and members of the board staff would have no objection to the continuance of 2019 UV 2009 to the October 8th, 2019 hearing without additional notice. Thank you. Um I will entertain a motion for 2019 UV 2009 6401 Zionsville Road to be moved to the October 8th uh petition without additional notice. So move. All in favor, uh opposed. Thank you. Thank you, Mr. Chairman. Good afternoon, Chairman Young, members of the board, Justin King and addresses 618 East Market Street. Here before you today regarding case number 2019 UV two zero one four, address being 4831 Oaknoll Drive. We are seeking a 30-day continuance to allow us more time to meet with the interested parties, uh particularly the city county counselor of this area, and uh would therefore request continuing this case 30 days to allow for additional time to do that. That would be without additional notice as our request does not change at all. Thank you. Staff. Uh-huh. Thank you, Chairman Young and members of the board.
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