BZA Division 2 Hearing: October 13, 2020 – Variances, Continuances, and Approvals
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BZA Division 2 Hearing – October 13, 2020
The Metropolitan Board of Zoning Appeals Division 2 met electronically on October 13, 2020, at approximately 2:00 p.m., adjourning at 2:04 p.m. The board handled several continuances, withdrawals, a two-day waiver, five expedited petitions, and three full hearings. Votes were taken by roll call.
Consent Calendar
- Two‑Day Waiver (2020‑DV2‑041) – Approved unanimously (5‑0) for 8221 Sergeant Road.
- Expedited Petitions (single vote) – The board approved five petitions en bloc after waiving rules of procedure (vote 5‑0): 2020‑DV2‑040 (933 Olive St), 2020‑DV2‑043 (11315 E Washington St), 2020‑DV2‑046 (514 Spruce St), 2020‑DV2‑047 (531 S Capitol Ave), and 2020‑UV2‑015 (940 S Meridian St, with added commitments).
Public Comments & Testimony
- Paula Brooks – Spoke during the withdrawal of 2020‑UV2‑013 (2450 & 2458 Arsenal Ave) to confirm the entire petition (use variance and development standards) was being withdrawn. The withdrawal was acknowledged by the board.
- No other public testimony was offered on the full‑hearing cases; all attendees either were petitioners or representatives.
Discussion Items
- 2020‑DV2‑041 (8221 Sergeant Road) – Petitioner Jeff Grummer accepted staff’s amended recommendation (detached garage in front yard with a reduced front setback, but withdrawing the request for a 5‑foot side setback). Staff recommended approval. The board approved unanimously (5‑0).
- 2020‑DV2‑044 (2451 North Park Avenue) – Petitioner Joshua Fendler sought a variance to allow a 912‑sq‑ft secondary dwelling (carriage house) above a three‑car garage; the ordinance caps secondary dwellings at 720 sq ft. Staff recommended denial, citing lack of practical difficulty and noting the property is a double lot. After a 3‑2 vote (Duke, Nelson, Young in favor; Reuter, Kelly opposed), the variance was approved.
- 2020‑DV2‑048 (5526 Bracken Circle) – Petitioners William Forey and Chloe Whitfield (represented by Cindy Thrasher and Ron Chzinski) requested a zero‑foot side setback and reduced combined side setback for a kitchen/living room addition. Staff recommended denial, arguing the addition could be placed at the rear to meet setbacks. The board voted 4‑1 (Reuter opposed, Kelly, Duke, Nelson, Young in favor) to approve. The property owner confirmed the HOA easement was for pond access, not utility.
Key Outcomes
- Continuances granted (unanimous):
- 2020‑UV2‑009 (10131 E Thompson Rd) – continued to November 17, 2020, without additional notice.
- 2020‑DV2‑042 (8554 Springview Dr) – continued to November 17, 2020, without additional notice (petitioner family emergency).
- 2020‑DV2‑045 (7020 N Pennsylvania St) – continued to November 17, 2020, with additional notice to amend petition for a secondary dwelling.
- Withdrawal acknowledged: 2020‑UV2‑013 (2450 & 2458 Arsenal Ave) was withdrawn by the petitioner, with plans to file new rezoning and variance petitions.
- Findings of fact adopted for the three approved full‑hearing cases (2020‑DV2‑041, 2020‑DV2‑044, 2020‑DV2‑048) after a motion and vote (board members who voted against a case did not participate in adopting its findings).
Meeting Transcript
Oh Heather, I was gonna be here today because I'm you're the only one that got through RSVD. What's up with that? Uh oh. Yeah, look. Look, as Heaven knows, I'm doing good to get my RCP in, let alone anybody else's. Normally, James responds to Mary and lets her know he's gonna be here. Oh man. Oh well. Gotta love this group. But we're here though, right? You know. I think, you know, I still want to uh keep our group as probably the best attended uh board uh that you have, you know, Heather, so well I'm not keeping track because I love you all equally. But yeah, you probably win on the attendance thing. Yeah. And Mark, everyone should know that Mark took one for the team and subbed on one of the other divisions with the 5G stuff, which your board unfortunately has not had the joy of experiencing. So that's why the chance to sub on one or three. I want you in, please. Well, thank you, Mark, for being the leader that you are and uh representing uh BZA too. Uh as I see that we are recording, you know. Uh I just appreciate all that everyone on the phone does uh for the citizens of Indianapolis and Mary County. Very well. Oh let me know when we're ready. Yeah, I was just gonna say that it appears that everyone is here. In fact, Mr. Callaway is here twice. Um we could get starting. Sounds good. Um we can uh call to order the BZA2, uh, October 13, 2020. Uh a few housekeeping items. Um please remain muted unless you are speaking. This helps reduce eliminated feedback and static. If participants are experiencing bandwidth issues, they can turn off the video feature and still participate via audio. Also, it's helpful to close other programs and windows, disconnect from BPN, etc. This will help with connectivity issues and ensure faster speeds. I'm going to call the October 13, 2020 meeting to order. This is a public hearing of the Metropolitan Board of Zone and Appeals Division 2. I am Mark Young, Chairperson of Division 2. Executive orders issued by Governor Holcomb. Mayor Hogset regarding COVID-19 guidelines and restriction enable us to connect today's meeting electronically. We use reasonable efforts to carry out the public hearing online and do not accept liability for equipment failure, inability to access the internet or software malfunctions related to the operation of the hearing. City heavily encourages the public to email your comments to DMD public comments at Indy.gov or the planner assigned to the case 24 hours prior to the meeting to ensure your comments are included in the record. All attendees, please go to the QA function now and state to state your name, petition number, whether you have a special request or you are attending in support or opposition to the request. You may also state whether you wish to speak. Thank you. Mary Kelly. I'm present, I can hear and see you. James Duke. I am present. I can hear and see you. Uh Peter Nelson.
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