Indianapolis Board of Zoning Appeals Meeting - August 5, 2020

Note: The meeting transcript states the date as July 14, 2020, but the provided record indicates the meeting took place on August 5, 2020. This summary uses the given date per instructions but notes the discrepancy.

The Indianapolis Board of Zoning Appeals (BZA) held a virtual public hearing on August 5, 2020, to consider various variance requests. Due to the COVID-19 pandemic, the meeting was conducted electronically via WebEx. The board voted on minutes, continuances, withdrawals, expedited petitions, and several contested variance cases. All voting was by roll call.

Consent Calendar

• Adoption of the minutes from the June 9, 2020 BZA2 hearing was approved unanimously (5-0).
• Continuances were granted for the following cases with no additional notice or with additional notice as specified:
  • 2020-UV2-005 (5339 West 71st Street): Continued to August 11, 2020, with no additional notice (5-0).
  • 2020-DV2-021 (1660 Kessler Boulevard East Drive): Continued and transferred to BZA3 on July 21, 2020, with additional notice (5-0).
  • 2020-DB2-022 (1931 Dr. AJ Brown Avenue and 1436 East 19th Street): Continued to August 11, 2020, with additional notice (5-0).
• Withdrawal of case 2019-DV2-035 (2222 Left Road and 357 West Raymond Street) was acknowledged.
• A one-day waiver of public notice for petition 2020-DV2-027 (2103 Webb Street) was approved (5-0).
• Five expedited petitions (2020-DV2-023, 026, 028, 029, 030) were approved without opposition (5-0).

Public Comments & Testimony

• No members of the public spoke in opposition during the scheduled hearings. Several call-in participants identified themselves but only as listening or supporting the petitioner. For case 2020-UV2-003, no remonstrators appeared. For case 2020-UV2-007, no audience comments were made.

Discussion Items

• 2020-UV2-003 – 6907 Kaufman Road (RAS Development Company)

  • Petitioner (Joseph Cauldron): Sought a variance of use to allow heavy industrial (injection molding of plastic) in an I-2 zone. Argued that the heat-based process (350–500°F) is no more intense than many permitted I-2 uses, such as industrial laundry or vehicle storage. Noted they had support from the Pike Township Residents Association (nearly unanimous) and the New Augusta Woods HOA board. Presented six commitments including no outdoor storage, limited truck hours, and a privacy fence.
  • Staff (Robert Eulan Hake): Recommended denial, stating the use would be more appropriate in I-4 heavy industrial zoning and would set a precedent for other heavy industries to encroach into light industrial/residential areas. Staff argued no practical difficulty exists because the site can be used for permitted I-2 uses.
  • Board Discussion: Board member Reuter asked for clarification on the heat issue. Staff responded that the concern is about opening the door to other heavy uses, not just heat. Cauldron countered that the plan of operation is specific and would not create a precedent. The board voted 4-1 to approve.

• 2020-UV2-007 – 2515 South Holt Road (Covanta Environmental Solutions)

  • Petitioner (Adam Hart): Requested a variance of use to expand a non-hazardous waste processing facility (including medical and pharmaceutical waste) and a variance to allow existing barbed wire fencing. Explained the need for expanded office space and parking due to increased COVID-19 related waste. Emphasized that the barbed wire is necessary for security against theft and vandalism, citing two past burglaries. Provided emails from architect, owner, and tenant supporting the need for barbed wire. Noted that many neighboring industrial properties also have barbed wire.
  • Staff: Supported the use variance (as similar use was approved in 2016) but recommended denial of the barbed wire variance, stating alternative security measures are possible and the ordinance does not permit it except for agricultural or correctional uses.
  • Board Discussion: Board members questioned whether other facilities use barbed wire and how enforcement works. Staff clarified that existing non-conforming barbed wire would be addressed only upon complaint. Petitioner argued that removal would cost significant money and reduce security. The board voted 5-0 to approve both the use and barbed wire variances as separate votes.

• 2020-DV2-024 – 7030 Emblem Drive (Jeff Nelson by Elisa Westlake)

  • Petitioner (Elisa Westlake): Sought a variance for a 36-foot tall, 223-square-foot internally illuminated pole sign (pole signs not permitted in C-3 zone). Argued that an existing 35-foot tall sign from 1999 was grandfathered, and they only wanted to replace sign faces with a new logo, which would increase height by 1 foot and area by 7 square feet. Taking down the entire structure would be costly.
  • Staff: Recommended denial, but offered an alternative: a 20-foot tall, 158-square-foot internally illuminated pole sign that would meet the ordinance. Noted that the site has street visibility and can use wall signs.
  • Board Discussion: Board member Reuter noted the existing sign is non-conforming and can remain; changing it would require compliance. The board voted 2-3 to deny the petition (Reuter, Kelly, Duke voted no; Nelson, Young voted yes).

• 2020-DV2-025 – 3316 and 3318 St. Paul Street – Petitioner was not present and had technical issues. The board continued the case to August 11, 2020 without additional notice by unanimous consent (5-0).

• 2020-DV2-027 – 2103 Webb Street (Greg Green by Mark and Kim Crouch)

  • Petitioner (Mark Crouch and property owner Greg Green): Requested variances for a detached garage with access from La Grand Avenue (alley access required), location within the clear sight triangle, and 47% open space (60% required). They reduced the garage size to meet 50% open space and argued the existing garage is closer to the triangle. Owner Green stated he runs an electrical business and needs secure storage for ladders and a boat.
  • Staff: Did not support the petition because the proposal remained within the clear sight triangle. Staff suggested continuing to allow further negotiation.
  • Board Action: The petitioner agreed to a continuance to allow more time to meet staff recommendations. The case was continued to August 4, 2020 (BZA1) without additional notice, approved 5-0.

Key Outcomes

• 2020-UV2-003 (6907 Kaufman Road): Approved 4-1 (Nelson opposed). Continued for adoption of findings.
• 2020-UV2-007 (2515 South Holt Road):
  • A. Use variance: Approved 5-0.
  • B. Barbed wire variance: Approved 5-0.
  • Both continued for adoption of findings.
• 2020-DV2-024 (7030 Emblem Drive): Denied 2-3 (Reuter, Kelly, Duke opposed; Nelson, Young for). Continued for adoption of findings.
• 2020-DV2-025 (3316/3318 St. Paul Street): Continued to August 11, 2020, without additional notice.
• 2020-DV2-027 (2103 Webb Street): Continued to August 4, 2020, without additional notice.
• Findings of fact were adopted for cases from the June 9, 2020 hearing: 2020-DV2-023, 026, 028, 029, 030 (approved), and 2020-DV2-008 and 020 (denied). Board members who were not present at that hearing (Nelson) abstained from these votes.