Metropolitan Board of Zoning Appeals Division Two Hearing - October 8, 2019
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Metropolitan Board of Zoning Appeals Division Two Hearing - October 8, 2019
The Metropolitan Board of Zoning Appeals, Division Two, convened on October 8, 2019, at 6:00 PM under the chairmanship of Mark Young. Board members present included Alicia Ruder, Margaret Banning, Mary Kelly, and James Duke. Legal counsel was provided by Chris Steinman, and the proceedings were recorded by Ryan Hampton. Staff from the Division of Planning included Heather Steffen, Larry Callaway, Robert Ulanhake, Marlena Aretta, and Keith Holesworth. The hearing considered five petitions: one continuance, two variance of development standards, and two variance of use requests.
Public Comments & Testimony
- Petition 2019 UV2014 (4831 Oaknoll Drive): Pat Andrews, chair of the Decatur Township Civic Council's Land Use Committee, testified that the council voted 33-0-1 to support the petition after negotiating commitments limiting the use to the petitioner, Matt Thompson. She stated the council was initially skeptical but was convinced by the small scale and commitments. Neighbors provided letters of support.
- Petition 2019 UV2018 (4639 Burkett Street): Pat Andrews also testified for this petition, noting the Decatur Township Civic Council voted 21-3-1 to support it, highlighting the family-oriented nature (the petitioner's mother already lives in the main house). Neighbors Ryan Thompson and Eric Tooley spoke in support. Brian Tue, attorney for the petitioner, noted that the city had issued multiple permits before the zoning issue was flagged, and that over $40,000 had been spent.
Discussion Items
- Continuance - 2019 UV 2-009 (6401 Zionsville Road): Kyle Russell, representing ATT Mobility, requested a continuance to November 12, 2019, without additional notice, citing ongoing negotiations with the Pike Township Residents Association and evaluation of an alternative site. Staff had no objection. The board granted the continuance unanimously.
- 2019 DV2028 (401 Parkway Avenue): Petitioner Michelle Raithy requested a variance to build a single-family dwelling with reduced setbacks (7-foot front, 1-foot side, 2 feet between dwellings, 46% open space, and a detached garage with 18-foot setback, 3-foot side, 10 feet between dwellings, 60% open space). Staff had no additional comments. The board voted 5-0 to approve.
- 2019 DV1052 (1131 Hoyt Avenue): Petitioner Ricardo Turula sought a variance to build a 22x24-foot detached garage (50% open space vs. 60% required) to house two cars, tools, and equipment for an urban garden. Staff recommended denial unless the garage was reduced to 20x20 feet (53% open space). Turula argued that staff's recommendation would barely fit two cars and that he lacked funds for vertical storage. Board members discussed comparisons to prior approved variances. Vote: 2 yes (Young, Banning) and 3 no (Kelly, Duke, Reuter). Denied. The petition was continued for adoption of findings of fact.
- 2019 UV2014 (4831 Oaknoll Drive): Petitioner Matt Thompson, represented by David Kingan, requested a variance of use for machining, fabricating, and welding metal components in a detached garage. The plan included 10 commitments: no customers, no deliveries, limited hours, no expansion, etc. The Decatur Township Civic Council and City-County Councillor Jared Evans supported the petition. Staff opposed, citing the industrial use in a residential zone and the availability of a home occupation exception if the garage were smaller. Thompson demonstrated the equipment's noise level was minimal. Vote: 4 yes (Young, Reuter, Banning, Duke) and 1 no (Kelly). Approved.
- 2019 UV2018 (4639 Burkett Street): Petitioner Brad Rugg, represented by Brian Tue, requested a variance to house his elderly father Art Rugg in a 480-square-foot secondary dwelling unit within a new accessory building. The property had been issued permits for the structure before the zoning conflict was identified. The Decatur Township Civic Council and Councillor Jason Holiday supported the request. Staff recommended denial, stating secondary dwellings are not permitted in the metro context area and that an addition to the main house would be more appropriate. Commitments were presented: unit only for Art Rugg, address distinct from main house, stove removal and unit converted to storage after his need ends. Vote: 5-0 in favor. Approved with commitments.
Key Outcomes
- Continuance granted: 2019 UV 2-009 moved to November 12, 2019, without additional notice (unanimous).
- Approved (5-0): 2019 DV2028 (401 Parkway Avenue) - variance of development standards for single-family dwelling and detached garage.
- Denied (2-3): 2019 DV1052 (1131 Hoyt Avenue) - variance for 22x24-foot detached garage. Continued for findings of fact.
- Approved (4-1): 2019 UV2014 (4831 Oaknoll Drive) - variance of use for machining and fabrication in a detached garage, subject to commitments.
- Approved (5-0): 2019 UV2018 (4639 Burkett Street) - variance of use for secondary dwelling unit for Art Rugg, subject to four commitments.
Meeting Transcript
Well, yes, you can't do that. 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 are Alicia Ruder and Margaret Banning to my right, and Mary Kelly and James Duke to my left. Legal counsel. Alicia Ruder and Margaret Banning to my left. Is that how it's going to be today? Legal counsel for the board today is Chris Steinman's. Recording these proceedings today is Ryan Hampton. Staff members, 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, Robert Ulanhake, Senior Planner, Marlena Aretta, Senior Planner. Keith Holesworth 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. Please 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 parking area, and the dedication of rights away are 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 the 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 Businesses and Neighborhood Services. The person may file a written request to receive notice of a 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. It 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 attained from the board secretary. Please be advised that contacting members of the board regarding the matter pending before the board outside 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. My name is Kyle Russell Territor to the law firm of Bingham Greenbob Dahl. Here uh about petition 2019 UV 2-009, 6401 Zinesville Road. Here on behalf of the uh petitioner ATT Mobility and my co-counsel Matthew Price of the same firm Bingham Grimbaum Dahl. We just respectfully request uh another continuance of this petition. Uh we have been in uh continual contact with the uh Pike Township Residents Association who has expressed uh some concern about this petition in the past, and we are evaluating other options, potentially a a uh a second site that the PTRA has proposed. We've been in communication with the owner of that site. Um there's just been some lag in response from that owner, but we have established a uh a willingness to discuss a uh a lease and would just ask for uh another continuance and um if possible without notice. That would be appreciated. Thank you for your time. Uh your request into the November 12th that would be thank you. Is there anyone in the audience that has any interest in 2019 UV 2009 6401 Zionsville Road? Stafford Thank you, Chairperson Young, members of the board. Staff has no objection to the continuance of 2019 UV 2009 to the November 12th, 2019 hearing without additional notice. Thank you. I undertain a motion to move 2019 UV 2009, 6401 Zionsville Road to the November 12th uh hearing date, and that's without additional notice. So move. All in favor? All right. Thank you. Appreciate your time.
openpublica.com