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Record of Proceedings

Indianapolis BZA2 Meeting - August 5, 2020

Board of Zoning Appeals II — Wednesday, August 5, 2020
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals II
DateWednesday, August 5, 2020
StatusFILED
Video Record
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Transcript — Verbatim
0:01

All right, this is uh the Board of Zoning Appeals, uh BZA 2, um, June 9th, 2020.

0:08

A couple of high housekeeping items.

0:10

Uh, please remain uh muted unless uh you are speaking, so reduce, eliminate feedback and static uh participants are experiencing bandwidth issues, they can turn off the video feature and still participate via audio.

0:25

Um, it's also helpful to close other programs and windows, disconnect from VPNs, etc.

0:30

This will help connectivity and ensure faster speeds.

0:34

Uh the Board of Zoning Appeals 2 for June 9th, 2020 will now come to order due to recent executive orders issued by Governor Holcomb and Mayor Hawk said regarding COVID-919 guidelines and restrictions, enabling legislative bodies, the ability to conduct meetings electronically.

0:51

The BZA Division 2 is conducting today's meeting electronically.

0:56

I will now ask the board members to verbally confirm that they can see and hear the other participants.

1:02

I will individually read each board member's name.

1:05

Please acknowledge that you are present when you are called.

1:08

Alicia Reuter.

1:21

Alicia Reuter, I can both see and hear you.

1:25

Uh Mary Kelly.

1:28

Yes, I'm present.

1:29

I can see and hear everyone.

1:31

Thank you.

1:32

James Duke.

1:33

Yes, James Duke can see and hear everyone.

1:36

And I'm Mark Young, of course.

1:39

Um, hearing specialist Heather Stephan, can you please confirm that you can see and hear other participants?

1:48

I can see and hear the other participants.

1:52

Thank you.

1:53

Now call out some names to make sure that everyone else can also um hear everything that's going on.

1:59

Uh let's start with uh Robert Ullenha.

2:06

Thank you, Chairman Young.

2:08

I can see and hear everyone participating.

2:10

No, right.

2:13

Thank you.

2:14

Marlena Arita.

2:19

I can't see and hear everyone.

2:20

Thank you.

2:21

Alison Richardson.

2:25

Alison Richardson, I can see and hear everyone.

2:28

Larry Callaway.

2:32

I can see and hear everyone.

2:34

Steve Scholmeyer.

2:40

Steve Sellmeyer, I can see and hear everyone.

2:43

Thank you.

2:44

Jeffrey York.

2:46

Thank you, Chairperson Young.

2:47

I can see and hear everyone.

2:48

This is Jeff York.

2:50

Linda Albret, or brand, observed.

2:53

Thank you, Chairperson Young.

2:54

I can see and hear everyone.

2:56

And Matt Pleasant.

2:58

Matt Pleasant, I can see and hear everyone.

3:02

Thank you.

3:02

Um let's see, that is Chris Steimens.

3:09

Present audio and video, good.

3:12

Thank you, sir.

3:13

Um, I think that's everyone.

3:15

I don't think I missed anyone.

3:17

Um, all voting today will be done by roll call.

3:20

That means on any given vote, I will individually read each board member's name and ask them to vote yes or no.

3:26

Because some persons may uh be participating and listening via telephone and self-hold if the board members respond with your last name and vote.

3:33

Uh E.G.

3:34

Duke, yes.

3:35

Uh, does everyone understand?

3:36

And are there any questions?

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████57%
Procedural██████████13%
Transportation█████████11%
Public Engagement██████7%
Meeting Management█████6%
Public Safety██3%
Health And Hospital Corporation█1%
Transportation Safety█1%
Traffic Safety█1%
Summary of Proceedings

Indianapolis BZA2 Meeting - August 5, 2020

The Board of Zoning Appeals Division 2 (BZA2) met electronically on August 5, 2020. Note: The raw transcript repeatedly states "June 9th, 2020," conflicting with the date assigned to this summary. The board handled routine approvals, continuances, three public hearings, and adoption of findings of fact.

Consent Calendar

  • The May 19, 2020 meeting minutes were adopted unanimously (4-0).
  • The board temporarily suspended the notarization requirement for affidavits of notice and applications until August 11, 2020.
  • The board temporarily suspended the rule requiring posting of notice on the subject property until August 11, 2020.

Continuances & Special Requests

  • 2020 UV2-003 (6907 Kaufman Road): Automatic continuance to July 14, 2020, submitted by a neighborhood organization, was acknowledged.
  • 2020 UV2-007 (2515 South Hope Road): Petitioner Adam Lee requested a continuance to July 14, 2020, with additional notice; staff had no objection. The board approved it unanimously.
  • 2019 DV2-035 (2222 Bluff Road / 357 West Raymond Street): Petitioner Justin Kingan sought a continuance to July 14, 2020. Staff noted this was the fifth request and expressed concern, but did not object subject to conditions: revised information due by June 23, 2020, and agreed-upon improvements completed by November 1, 2020. The petitioner accepted the conditions; the board granted the continuance unanimously.

Expedited Petition

  • 2020 UV2-008 (8531 Bash Street): A variance of use and development standards for an office use with a deck addition was approved unanimously (4-0). Councilman Boots spoke in support, calling the project innovative and beneficial to the Castleton area.

Public Hearing: 2020 DV2-008 (6750 East 82nd Street)

  • Petitioner Alan Townsend, representing Take Five Oil Change, requested development standard variances for an oil change facility on a 0.58-acre lot. Elliot Smith, founder of Take Five Indiana, described the business and its community record. They argued the variances would replace a blighted former Rally's restaurant, reduce curb cuts, and increase green space.
  • Remonstrators including Mo McReynolds (Greater Allisonville Community Council), Jason DeArman (former GACC president and Castleton Revitalization Plan committee member), Chris Parmalee (North Shade Land Alliance), and a letter from George Wright (BRAG) opposed the variances, stating the business conflicted with the Castleton Strategic Revitalization Plan, would increase traffic, and was incompatible with the future Nickel Plate Trail and pedestrian-oriented vision. Councilors Boots and Evans also opposed.
  • Staff noted the oil-change use was allowed by right in C4 zoning and had worked with the petitioner on setbacks and curb cuts, but acknowledged the revitalization plan's importance.
  • Vote: 3-1 against (Reuter no, Kelly no, Duke no, Young yes). The petition was denied; findings of fact were continued.

Public Hearing: 2020 DV2-012 (6740 South Franklin Road)

  • Petitioner Russell Brown requested variances to allow three rows of parking and an increased front setback (139 feet vs. 85 feet) for a 16,500-square-foot medical office building operated by St. Francis Hospitals. Support letters were submitted from the Franklin Township Civic League, Councillor Brian Mowery, and State Senator Aaron Freeman.
  • Staff opposed the variances, asserting there was no practical difficulty and the floor plan could be rearranged.
  • Vote: 4-0 in favor. The variance was approved.

Public Hearing: 2020 DV2-020 (5602 Ensonata Avenue)

  • Petitioner Daniel Russello requested a variance to maintain a six-foot fence in the front yard and clear side triangle at a corner lot. He argued the fence predated the property's purchase, served safety and privacy, and that the intersection had a stop sign and no accident history.
  • Staff recommended denial, stating the fence was non-compliant since 2008 and no practical difficulty existed; suggested moving it 10 feet or lowering it to 42 inches.
  • Vote: 3-1 against (Reuter no, Kelly no, Duke no, Young yes). The petition was denied; findings continued.

Findings of Fact

  • The board adopted findings of fact for petitions from April 14, 2020 and May 19, 2020, and certain June 9, 2020 cases. A discrepancy regarding 2020 UV2-008 findings was noted, and those findings were continued.

Key Outcomes

  • Approved: minutes, suspension of notice rules, continuances (UV2-007, DV2-035), expedited petition UV2-008, DV2-012, findings of fact.
  • Denied: DV2-008 (3-1), DV2-020 (3-1).
  • Next steps: Findings for denied petitions and UV2-008 to be adopted at a future hearing.

Meeting Transcript

All right, this is uh the Board of Zoning Appeals, uh BZA 2, um, June 9th, 2020. A couple of high housekeeping items. Uh, please remain uh muted unless uh you are speaking, so reduce, eliminate feedback and static uh participants are experiencing bandwidth issues, they can turn off the video feature and still participate via audio. Um, it's also helpful to close other programs and windows, disconnect from VPNs, etc. This will help connectivity and ensure faster speeds. Uh the Board of Zoning Appeals 2 for June 9th, 2020 will now come to order due to recent executive orders issued by Governor Holcomb and Mayor Hawk said regarding COVID-919 guidelines and restrictions, enabling legislative bodies, the ability to conduct meetings electronically. The BZA Division 2 is conducting today's meeting electronically. I will now ask the board members to verbally confirm that they can see and hear the other participants. I will individually read each board member's name. Please acknowledge that you are present when you are called. Alicia Reuter. Alicia Reuter, I can both see and hear you. Uh Mary Kelly. Yes, I'm present. I can see and hear everyone. Thank you. James Duke. Yes, James Duke can see and hear everyone. And I'm Mark Young, of course. Um, hearing specialist Heather Stephan, can you please confirm that you can see and hear other participants? I can see and hear the other participants. Thank you. Now call out some names to make sure that everyone else can also um hear everything that's going on. Uh let's start with uh Robert Ullenha. Thank you, Chairman Young. I can see and hear everyone participating. No, right. Thank you. Marlena Arita. I can't see and hear everyone. Thank you. Alison Richardson. Alison Richardson, I can see and hear everyone. Larry Callaway. I can see and hear everyone. Steve Scholmeyer. Steve Sellmeyer, I can see and hear everyone. Thank you. Jeffrey York. Thank you, Chairperson Young. I can see and hear everyone. This is Jeff York. Linda Albret, or brand, observed. Thank you, Chairperson Young. I can see and hear everyone. And Matt Pleasant. Matt Pleasant, I can see and hear everyone. Thank you. Um let's see, that is Chris Steimens. Present audio and video, good.

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