Metropolitan Board of Zoning Appeals Division 2 Meeting - January 14, 2020
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Metropolitan Board of Zoning Appeals Division 2 Meeting - January 14, 2020
The Metropolitan Board of Zoning Appeals Division 2 met on January 14, 2020 at 6:00 PM to hear several variance petitions. The meeting was chaired by Mark Young with members Alicia Rooter, Peter Hanskin, Mary Kelly, and James Duke. Staff presented recommendations on each case.
Public Comments & Testimony
- Judith Essex, representing the Old South Side Neighborhood Association, expressed support for Motor Vault LLC's variance of use for automobile display and sales at 520 West McCarty Street, stating it was exactly the type of business the neighborhood seeks.
Discussion Items
- Continuances:
- 2019 UV 2009 (6401 Zionsville Road): Petitioner requested a 30-day continuance to February 11, 2020. Staff had no objection. All members voted in favor, granted.
- 2019 DV2035 (2222 Bluff Road and 357 West Raymond Street): Petitioner requested a two-month continuance to March 10, 2020, after initial confusion about the date. Staff had no objection to transferring to March 10 hearing. All members voted in favor, granted.
- Variance of Development Standards:
- 2019 DB 2040 (1225 Span Avenue): Jacob Weizen requested variance for a detached garage with 46% open space (required 60%) and a porch with a second-floor balcony with a 6-foot front setback (required 18-foot average). Staff had no additional comments. Approved 5-0.
- 2019 UV 2020 (543 East Westfield Boulevard): Chad and Corinna Thompson requested variance of use for a real estate office. The petitioner withdrew the request for a 30-square-foot wall sign. Staff recommended approval if at least one existing residential unit is converted to office use. Approved 5-0.
- 2019 DB2036 (8335 Mud Creek Road): John and Emily Perkins and James and Teresa Yaney requested variance to create two 75-foot-wide lots (required 90 feet). Staff recommended approval despite a remonstrator's letter. Approved 5-0.
- 2019 DB2037 (1055 South High School Road): Zelda Holloway requested variance for a two-story accessory building taller than the primary dwelling. Construction was about 80% complete without permits. Staff recommended denial citing self-imposed hardship and lot size. Petitioner committed to removing HVAC unit and keeping structure non-residential. Approved 4-1 (Reuter dissenting).
- 2019 DB2038 (2001 Alvard Street): Joshua Dubach requested variance for a detached garage in the clear side triangle. Staff recommended denial citing safety concerns. Petitioner argued similar designs exist in area. Approved 3-2 (Hanscom and Kelly dissenting).
- 2019 DB2039 (1427 Marlowe Avenue): Joshua Dubach requested variance for a two-family dwelling and garage with 48% open space (required 55%). Staff recommended denial stating property could be developed as single-family without variance. Petitioner noted support from neighborhood and affordability. Approved 5-0.
- 2019 DB2042 (2132 Bellefontaine Street): Joseph DeCaudin requested variance for replacement of an outdoor stairway with a 0.5-foot side setback (required 4 feet). Staff recommended denial citing illegal conversion from single-family to duplex. Petitioner argued improvements to existing conditions. Approved 4-1 (Reuter dissenting).
- Variance of Use:
- 2019 UV2021 (520 West McCarty Street): Jason Lucking requested variance for automobile display and sales in an I-4 zone. Staff recommended denial as auto sales is a suburban use not promoting Regional Center Plan goals. Petitioner described high-end exotic car sales with limited traffic. Neighborhood association and Stadium Village Business Association supported. Petitioner agreed to 15 commitments from the business association. Approved 5-0.
Key Outcomes
- All continuances and variances were approved except for two dissenting votes on individual items. The board granted all petitions with conditions as noted.
Meeting Transcript
Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2. I am Mark Young, Chairperson of Division 1, Division 2. The other board members present here are uh Alicia Rooter and Peter uh Hanskin to my left and Mary Kelly and James Duke to my right. Legal counsel for the board today is Chris Stymans. Uh staff members present from the Division of Planning are Heather Steffen, Senior Specialist and Secretary to the Board, Larry Callaway, Principal Planner 2, Jeffrey York, Senior Planner, Robert Ulanhake, Senior Planner, Marlena Aretha, Senior Planner, and Alison Richardson, Senior Planner. Matt Pleasant 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. Those who testify will state their name and address for the record before beginning to testify. Staff will then present the administrators' comments regarding the petition. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petition of the petitioners' 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. 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 of way 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 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 destab prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of a variance granted 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 petition for judicial review of a board decision. 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 obtained from the board secretary. Please be advised that contacting 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 requests and continuances at this time. Good afternoon. Here this afternoon to request a continuance of 30 days. And again, has met with the new landowner several times. So if if you so please, I would appreciate a 30-day continuance. If if you if this agreement goes through this petition will be withdrawn. That's correct. Okay. Is anyone in the audience that has any interest in 2019 UV 2009 6401 Zionsville Road? Staff. Thank you, Chairperson and members of the board. The staff has no objection to the continuance of 2019 UV 2009 to the February 11th 2020 hearing without additional notice. Thank you. All in favor? Opposed? Thank you. Thank you. Good afternoon, Chairperson Young, members of the board. Justin King and addresses 618 East Market Street, Indianapolis, Indiana 46202. Here before you today on the first item under your continued petitions, uh case number 2019 DV205 addresses being 2222 Bluff Road and 357 West Raymond Street. We are asking for a two-month continuance of this petition without additional notice. We met with the neighborhood group last week. Um and while we made some progress at that meeting, we think additional meetings are necessary in order to iron out the uh details of the petition.
openpublica.com