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Record of Proceedings

Metropolitan Board of Zoning Appeals Division Two Public Hearing - September 8, 2020

Board of Zoning Appeals II — Tuesday, September 8, 2020
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals II
DateTuesday, September 8, 2020
StatusFILED
Video Record
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0:01

And then we have to get a little bit more.

2:06

Do we have a mark?

2:10

He said he's on, but I'm telling that he's not on as a panelist.

2:14

He may be in uh I got him.

2:20

He was in the attending list.

2:53

Okay.

3:23

Yes.

3:24

I hear you, Mark.

3:27

Um, it appears that all five of you are here.

3:34

And if you are ready to start, I believe we're all ready to follow your lead, sir.

3:47

Heather and Chris, I just sent you guys an email.

3:50

Could you check that out?

3:52

This is Peter, by the way.

3:54

If you couldn't tell.

3:56

Hi, Peter, I see that.

3:58

Okay.

4:04

Um, we can go ahead and get started.

4:06

Um, I'm going to call the September eighth, twenty twenty meeting to order.

4:17

Uh, this is a public hearing of the Metropolitan Board of Zoning Appeals, Division Two.

4:21

I am Mark Young, Chairperson of Division Two.

4:24

Executive orders issued by Governor Holcomb and Mayor Hog said regarding COVID nineteen guidelines and restrictions, enable us to conduct the today's meeting.

4:36

A couple of housekeeping items.

4:37

Uh, please remain muted unless you are speaking.

4:40

This helped reduce eliminate feedback and static.

4:43

Uh, if participants are experiencing bandwidth issues, they can turn off the video and still participate via audio.

4:52

Also, it's helpful to close up the program windows, disconnect from VPN, etc.

4:57

This will help with connectivity and ensure faster speeds.

5:14

You may also state whether you wish to speak.

5:18

To the host, are there any call-in users present who need to be identified?

5:27

Yes, we have a few.

5:30

Thank you.

5:31

Those of you who have called in on telephone, I am going to unmute you and ask for your name and what case you are here on behalf of.

5:40

You will hear a beep when you're unmuted.

5:43

Those of you who are on computer or on an app on a cell phone or tablet, you may indicate in the QA if you wish to speak today.

5:58

Do you wish to speak on the case today?

6:03

Are you talking to me, Richard Roller?

6:06

Yes.

6:07

Okay.

6:08

Um, I have a commitment I wanted to make sure you got addressed.

6:15

Which case is this?

6:22

2020-DB2-039.

6:30

Okay.

6:32

And are you are you here in support of it or in opposition to that case?

6:38

Well, I'm not really in support since we're right next to the composed property.

6:45

But I just wanted I just wanted to uh have a commitment that I've talked to Mr.

6:51

U and A and Mr.

6:53

King about.

6:54

I wanted to make sure that got addressed.

6:57

Okay.

6:58

We will we will come back to you when it's uh time for that case.

7:02

Okay, thank you.

7:03

Thank you.

7:07

Are you here to speak on a case?

7:10

Um I'm the petitioner, but I do need to speak.

7:12

I have a special replay.

7:13

What's your name?

7:15

Charmin Fry.

7:19

Okay, I will unmute you when it's time for special requests.

7:22

Okay.

7:23

Thank you.

Discussion Breakdown — Share of Meeting
Zoning and Land Use████████████████████████████████████████████44%
Procedural████████████████████20%
Affordable Housing████████8%
Economic Development██████6%
Water And Wastewater Management█████5%
Public Engagement████4%
Permitting Process████4%
Public Safety████4%
Fence Regulation██2%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division Two Public Hearing - September 8, 2020

The Metropolitan Board of Zoning Appeals Division Two held a virtual public hearing on September 8, 2020, at 6:00 PM, chaired by Mark Young. The meeting addressed continuances, fee waivers, expedited petitions, and full hearings on variance requests for development standards and use. All votes were conducted by roll call. The meeting was held under COVID-19 guidelines.

Consent Calendar

  • Waiver of Notarizations: Approved unanimously by roll call (Reuters yes, Kelly yes, Duke yes, Nelson yes, Young yes).
  • Special Requests:
    • 2020-DV-2033 (Charmin Fry): Request for a six-day waiver for mail-in notice and an eight-day waiver for sign placement. Staff had no objection. Approved unanimously.
    • 2020-UV-2005 (ATT Mobility, Kyle Russell Terrace): Continuance to November 17, 2020, without additional notice, to work with schools on a new location. Staff had no objection. Approved unanimously.
    • 2020-UV-2009 (David Rutherford, Thompson Road): Continuance to October 13, 2020, without additional notice, to resolve drainage issues with an abutting neighbor. Staff had no objection. Approved unanimously.
    • 2020-UV-2013 (automatic continuance): Automatically continued to October 13, 2020, acknowledged by the board. David Kingan noted the rules of procedure were not followed, but staff confirmed compliance. Acknowledged.
    • 2020-UV-2014 (Indiana Dog Park Company, Erica Ballard): Request for 50% fee waiver ($900). Staff supported. Approved unanimously.

Public Comments & Testimony

  • Richard Roller (2020-DV-2039): Expressed a commitment about the case, later confirmed by the petitioner.
  • Kevin Labradt (2020-UV-2012): Neighbor at 633 East 38th Street, asked about the tax credit percentage (9% tax credit) and unit mix. Petitioner responded.

Discussion Items

  • 2020-DV-2022 (Major Tool & Machine, 1931 Dr. AJ Brown Ave): Petitioner Tim Oakes requested variances for a 24,000 sq ft manufacturing addition with zero-foot front setback, parking encroachment, 6-foot fence with barbed wire. Staff recommended approval for all except barbed wire, citing agricultural/penal use only. Petitioner argued unique security needs for defense contracts. The board voted 4-1 (Kelly no) to approve all variances including barbed wire.
  • 2020-DV-2025 (Roger Watson, 3316-3318 St. Paul St): Petitioner requested variance for private wells (public water required). Staff recommended temporary two-year approval only. Petitioner disagreed, stating infrastructure costs too high and other homes have wells. The board voted to remove the staff commitment, approving the variance permanently (5-0).
  • 2020-UV-2012 (Redline Holdings, 605-625 E. 38th St): Mixed-use development with 40 affordable housing units, 1,600 sq ft retail, variances for height, setbacks, open space, clear site triangles. Staff recommended denial due to insufficient development standards, but petitioner noted a September 18 deadline for tax credit application. The board voted 4-0 (Nelson recused) to approve all variances. Petitioner offered commitments including rezoning to MU1, administrative approval of elevations, and privacy fence.
  • 2020-UV-2014 (Indiana Dog Park Company, 368-382 Prospect St): Variance for dog park (use) and banner yard signs. Staff recommended approval with commitments, including a 100% opaque north fence. Petitioner and neighbor Donna Gore requested chain link fence for visibility and safety. Board approved with amended commitment allowing chain link fence (4-0).

Key Outcomes

  • Expedited Petitions (2020-DV-2033, 2034, 2035, 2038, 2039): Approved in a single vote (5-0). For 2020-DV-2039, three commitments read into record (sanitary sewer access, tree removal, privacy fence). Also approved subject to staff site plan commitment.
  • Full Hearing Votes:
    • 2020-DV-2022: Approved 4-1 (Kelly dissenting).
    • 2020-DV-2025: Approved 5-0 (without staff's two-year commitment).
    • 2020-UV-2012: Approved 4-0 (Nelson recused).
    • 2020-UV-2014: Approved 4-0 (with amended fence commitment).
  • Findings of Fact Adopted: For 2020-DV-2033, 2034, 2035, 2039, 2022, 2025, and UV-2012 (with Nelson abstaining on UV-2012).
  • Continuances: Approved for 2020-UV-2005 (to Nov 17), 2020-UV-2009 (to Oct 13), and automatic continuance for 2020-UV-2013 (to Oct 13).

Meeting Transcript

And then we have to get a little bit more. Do we have a mark? He said he's on, but I'm telling that he's not on as a panelist. He may be in uh I got him. He was in the attending list. Okay. Yes. I hear you, Mark. Um, it appears that all five of you are here. And if you are ready to start, I believe we're all ready to follow your lead, sir. Heather and Chris, I just sent you guys an email. Could you check that out? This is Peter, by the way. If you couldn't tell. Hi, Peter, I see that. Okay. Um, we can go ahead and get started. Um, I'm going to call the September eighth, twenty twenty meeting to order. Uh, this is a public hearing of the Metropolitan Board of Zoning Appeals, Division Two. I am Mark Young, Chairperson of Division Two. Executive orders issued by Governor Holcomb and Mayor Hog said regarding COVID nineteen guidelines and restrictions, enable us to conduct the today's meeting. A couple of housekeeping items. Uh, please remain muted unless you are speaking. This helped reduce eliminate feedback and static. Uh, if participants are experiencing bandwidth issues, they can turn off the video and still participate via audio. Also, it's helpful to close up the program windows, disconnect from VPN, etc. This will help with connectivity and ensure faster speeds. You may also state whether you wish to speak. To the host, are there any call-in users present who need to be identified? Yes, we have a few. Thank you. Those of you who have called in on telephone, I am going to unmute you and ask for your name and what case you are here on behalf of. You will hear a beep when you're unmuted. Those of you who are on computer or on an app on a cell phone or tablet, you may indicate in the QA if you wish to speak today. Do you wish to speak on the case today? Are you talking to me, Richard Roller? Yes. Okay. Um, I have a commitment I wanted to make sure you got addressed. Which case is this? 2020-DB2-039. Okay. And are you are you here in support of it or in opposition to that case? Well, I'm not really in support since we're right next to the composed property. But I just wanted I just wanted to uh have a commitment that I've talked to Mr. U and A and Mr. King about. I wanted to make sure that got addressed. Okay. We will we will come back to you when it's uh time for that case.

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