Metropolitan Board of Zoning Appeals Division II Hearing - December 10, 2019
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Metropolitan Board of Zoning Appeals Division II Hearing - December 10, 2019
The Metropolitan Board of Zoning Appeals Division II held a public hearing on December 10, 2019, chaired by Mark Young, with board members Alicia Reuter, Margaret Banning, Mary Kelly, and James Duke present. The meeting addressed requests for continuances, modifications, and variances of development standards. The board approved all items on the agenda, including one continuance and three variance approvals.
Consent Calendar
- No items were listed on a consent calendar; all cases were heard individually.
Public Comments & Testimony
- No public comments or remonstrator testimony were presented during the hearing. The petitioner for case 2019 DV2 035 mentioned ongoing contact with the South Village Neighborhood Association but did not testify as a remonstrator.
Discussion Items
Request for Continuance - Case 2019 DV2 035
- Representative for Safeway Realty LLC requested a continuance for properties at 2222 Bluff Road and 357 West Raymond Street. The request was to allow time to revise the site plan and to meet with the South Village Neighborhood Association in early January 2020. The continuance was granted without additional notice, but staff noted an ongoing violation case and indicated reluctance to grant further continuances beyond the January 14, 2020 hearing date.
Case 2019 AP 2001 - Modification of Site and Landscape Plan (1300 North McClee Avenue)
- Petitioner's agent David Gilman (address: 211 South Ritter Avenue, Suite H, Indianapolis) requested modification of site/landscape plan and condition #2 of petition 2009 UV 2007. Staff recommended approval subject to two commitments listed in the staff report. The board unanimously approved the modification.
Case 2019 DV 2033 - Variance of Development Standards (8160 Lafayette Road)
- Petitioner Charlie Swartzel (Eagle Creek Nursery and Landscape) requested variance to allow two freestanding signs measuring 9.1 feet tall and 48 square feet, whereas the maximum permitted is 6 feet tall and 40 square feet. The petitioner had amended the plan after a previous continuance, eliminating a southern entrance sign and relocating the proposed signs 10 feet west of the right-of-way, reducing size from 64 to 48 square feet. Staff recommended approval, and the board unanimously approved.
Case 2019 HOV 048 - Variance of Development Standards (1135 Jefferson Avenue)
- Petitioner Mark Crouch (representing Jason Blankenship) requested variance for a single-family dwelling with a five-foot rear setback (permitted 20 feet) and 50% open space. The case was originally assigned to a hearing officer but transferred due to remonstrance, which was reportedly resolved. Staff recommended approval, and the board unanimously approved.
Key Outcomes
- Case 2019 DV2 035: Continuance granted to January 14, 2020, without additional notice; staff cautioned about further continuances.
- Case 2019 AP 2001: Approved unanimously (5-0).
- Case 2019 DV 2033: Approved unanimously (5-0).
- Case 2019 HOV 048: Approved unanimously (5-0).
No further business was conducted, and the meeting adjourned.
Meeting Transcript
Call to order. Uh, this is a public hearing of the Metropolitan Board of Zoning Appeals, Division II. I am Mark Young, Chairperson of Division II. The other board members present are Alicia Reuter and Margaret Banning to my left, Mary Kelly and James Duke to my right. Legal counsel for the board today is Chris Steimetz. Recording these proceedings today is Ron Hampton. Staff members present today from the Division of Planning are Heather Stefan, Senior Board Specialist and Secretary to the Board. Larry Callaway, Principal Planner 2. Linda Albrand, Principal Planner 2, Robert Ulanhake, Senior Planner, and Marlena Aretta, Senior Planner. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinance that will be incorporated by reference into the record of each case heard today. The proceedings of this hearing are governed by the board's rules of procedure. The expedited cases will be heard immediately immediately after all requests for continuances or withdrawals. As each non-expedited case is called, petitioners and remonstrators interested in that particular case will please stand. 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 the case being heard should have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in support of the petition. Remonstrators and persons appearing 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 administrator's comments regarding the petition. The petitioner will then be allowed five minutes for rebuttal and the summation of the case. Reboto must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement. No further evidence, statements, or arguments will be heard unless it is at the discretion of the board. Please limit your testimony and evidence to matters covered in the statutory requirements, which must be met in order for the board to grant a variance. If petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedures, including the post us of the notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks completing proper notice is not been given and would like the petition continue 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 parking area, and the dedication of rights away are all 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 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 condition 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 the 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 and must include the person's full name and correct mailing address and the reference to the board's petition number. 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. Here before you today on case 2019 DV2 035 properties at 2222 Bluff Road and 357 West Raymond Street, representing Safeway Realty LLC. We filed a request to continue this petition to your believe be January 14th 2020 hearing in order for us to do two things. We're still working on a revision to the site plan, and we do have had contact with the South Village Neighborhood Association, and we are to appear at the first week of January before them regarding this petition. And therefore, our request would be without additional notice. Thank you. Is there anyone in the audience that has any interest in 2019 DV2035? 2222 Bluff Road and 357 West Raymond Street. Staff. Thank you, Chairperson Young, members of the board. Staff has no objection to continuing this petition to the January 14, 2020 hearing.
openpublica.com