Board of Zoning Appeals Division 2 Meeting - May 19, 2020
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Board of Zoning Appeals Division 2 Meeting - May 19, 2020
The Indianapolis Board of Zoning Appeals (BZA) Division 2 held a virtual public meeting on May 19, 2020, starting at 6:00 PM. The meeting covered continuances, withdrawals, expedited petitions, and two public hearings. Votes were conducted by roll call. The board denied both public hearing petitions, approved all expedited petitions, and granted several continuances.
Consent Calendar
- The board unanimously adopted the minutes from the April 14, 2020 BZA 2 meeting (motion by Duke, second by Reuter; all four members voted yes).
- All expedited petitions (2020 DV2-011, 2013, 2014, 2016, 2017, 2018, 2019, and 2020 UV2-004) were approved by a 4-0 vote after noting an amendment to petition 2020 DV2-018 (garage setback changed to five feet from alley). The board also added a condition to record the change.
Public Comments & Testimony
- Greg Ulrich (President, Highland Kessler Civic League) spoke in support of petition 2020 DV2-015 (5620 Michigan Road). He noted the building had been empty, welcomed the improvement, and asked for clarification on the drive-thru operation. He also pointed out illegal dumping near the creek but expressed confidence it would be cleaned up.
- No other public comments were received for the other petitions.
Discussion Items
Continuances and Withdrawals
- Several petitions were continued to the June 9, 2020 hearing: 2019 DV2-035 (2222 Bluff Road) – one-month continuance agreed; 2020 DV2-012 (6740 South Franklin Road) – continuance requested due to WebEx discomfort; 2020 UV2-005 (5339 West 71st Street) – continued with additional notice after re-noticing error; 2020 UV2-003 (6907 Kaufman Road) – continued without additional notice (Russell Jackson of New Augusta Woods HOA had no objection).
- Petition 2020 UV2-006 (518 Warsaw Street) was withdrawn at staff’s request, with fees transferred to a future companion petition.
- A timely automatic continuance for 2020 DV2-008 was acknowledged.
Petition 2020 DV2-015 – 5620 Michigan Road (Public Hearing)
- Petitioner: David King, representing HSE IN LLC and Domino’s, requested a variance to legally establish a two-foot side transitional yard, provide a drive-through lane within 25 feet of a protected district without a bypass lane, and encroach into a stream protection corridor (100 feet required, two feet proposed).
- Position: King argued the use has existed for 20 years (formerly a Dunkin Donuts and Fisher’s Chicken & Fish), the ordinance changed, not the development. He stated Domino’s pickup windows are low-contact and already installed at eight other Marion County locations. Letters of support from Highland Kessler Civic League, Crooked Creek Community Development Corporation, and Councilor Manroy were submitted.
- Staff Position: Staff recommended denial, stating the pickup window could function as a permitted walk-up window, there was no practical difficulty, and the encroachment into the stream corridor was not supported. Staff noted a prior variance was approved before the stream protection ordinance was adopted.
- Outcome: The board voted 3-1 to deny (Reuter no, Kelly no, Duke no, Young yes). The chair noted the petitioner agreed to install bollards and a privacy fence, but the variance was still denied. The petition was continued for adoption of revised findings of fact.
Petition 2020 DV2-010 – 1042 South Tremont Street (Public Hearing)
- Petitioner: Cindy Thrasher, representing Susan and Randall Hewitt, requested a variance to rebuild a detached garage on its existing foundation at a two-foot setback (three feet required) and to legally establish a two-foot side setback for the existing house (also three feet required). The garage was damaged by a car and needed full demolition and replacement slightly larger (20×20 vs. 18×20).
- Staff Position: Staff recommended denial, noting the garage could be reconstructed on the existing foundation under a provision allowing replacement at its current size, but the proposed garage is larger. They stated there was no practical difficulty, as the garage could be moved one foot over. Staff did not oppose legalizing the house’s setback.
- Outcome: The board voted 2-1 to deny (Reuter no, Kelly no, Young yes). The chair’s statement of “three votes cast, one yes, three no” appears to be a misstatement; the actual roll call shows two no votes. The petition was denied and continued for adoption of findings of fact.
Key Outcomes
- Denied: Petition 2020 DV2-015 (5620 Michigan Road) – 3-1 vote against the variance.
- Denied: Petition 2020 DV2-010 (1042 South Tremont Street) – 2-1 vote against the variance.
- Approved: All nine expedited petitions on the consent calendar (4-0).
- Continued to June 9, 2020: Petitions 2019 DV2-035, 2020 DV2-012, 2020 UV2-005 (with additional notice), and 2020 UV2-003 (without additional notice).
- Withdrawn: Petition 2020 UV2-006 (518 Warsaw Street), with fee transfer authorized.
Meeting Transcript
And the attendee list. I do not. Okay. All right. Well, we've got at least three of those. All right. I'm hanging up, Mark. Mark, if you can unmute yourself just so I can get a sound check on you, and then I will do quickly over the public hearing process. Um as well as some of the new agenda you guys everybody should receive, just post on the website. The mute button should be on the bottom left button, I believe. It's like a round button. If not, I can unmute you. Oh it did it for a second. There it is. Yeah, I couldn't hear you before for some reason. But I can hear you now. Okay, good. And I can hear you. Okay. Um before we start, and I'll keep an eye out for uh Alicia in case she jumps in as an attendee on accident. But um so uh let me sorry. So we have been able to figure out a way for all of us to have a public hearing process. We've done it for how many meetings? Uh six meetings now. It's worked out really well. Um so far. So the public and but this includes both the petitioners and the public, uh, have now the ability to to speak in these meetings. There'll be three ways in which they can communicate into these meetings. One, um, as they're as you go throughout this process and mark, you'll you'll kind of acknowledge after the read through the continuances, you'll acknowledge the staff or public have any comments, petitioners, um, as well as after the expedite cases and also when it's available for the public hearing public hearing. Um the the people the public have available to speak, they can either email me at dmdpubliccomments.com uh at indie.gov, which I monitor uh the entire time. And then if a comment comes in, I'll read it right back to the board so it's in the record. I'll also forward it to Heather so she can also include it to her uh materials. The second way is for people is to make comments in the QA, which is on which is within WebX here, should be on like the bottom right, I believe. You as board members should not have to look at it at all. Um that QA, we have somebody as Steve Schulmeyer today. He's gonna be our QA manager. If somebody wishes to relay their comment into the meeting, um that way instead of by email, they can always do it right here. He will just immediately read it right back to you so it's in the record. Um and lastly, I as a host, we have figured out an ability for them to people to um to speak verbally just like I am today. You will not be able to see them, but you will be able to hear them. Um I'll grant them the ability to speak. They they will speak, they'll give their spiel their testimonies. Um you can go back and forth questions just like you would at a normal meeting. Um, this is intended to function exactly as if we were in the city county building, except that we are behind desks at our own homes and on video. So we've gotten it as close as we possibly can. Um, I think fairly successfully, if I might add. Um, but but there we are. Uh you should have received a an update agenda for today. Uh Heather had emailed it to you. It's also link on the website.
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