OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Metropolitan Board of Zoning Appeals Division 2 Hearing - November 17, 2020

Board of Zoning Appeals IITuesday, November 17, 2020
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals II
DateTuesday, November 17, 2020
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

The DZA2 hearing of November 17, 2020, will now come to order.

0:05

This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2.

0:08

I am Mark Young, Chairperson of Division 2.

0:11

Executive orders issued by Governor Holcomb to make Mayor Hawk said regarding COVID-19 guidelines and restriction restrictions enabled us to conduct conduct conduct indeed today's meeting electronically.

0:23

The city of Indianapolis hold public hearings in high regard for public input.

0:28

We will 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.

0:40

We ask that you remain patient throughout this time.

0:42

The city heavily encourages the public to email your comments to DMD public comments at Indy.gov.

0:49

Or the planner assigned to the case 24 hours prior to the meeting to ensure your comments are included in the record.

1:08

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

1:13

I will individually read each board member's name.

1:15

Please acknowledge that you are present when you're called on.

1:19

Alicia Ruder.

1:21

Alicia Reuter, I can both see and hear you.

1:24

Peter Nelson.

1:26

Peter Nelson, I can see and hear you.

1:28

Clinton McKay.

1:33

Did Mary Kelly join us yet?

1:36

Yes, Mary Kelly, I can see and hear you.

1:38

Thank you.

1:39

I will now ask the D and D and Office of Corporation Council members, corporation or council staff members to verbally confirm that they can see and hear the other participants.

1:48

Please acknowledge that you are present when you are called upon.

1:52

Legal Counsel for the board, Chris Steinmetz.

1:54

Thank you.

1:55

I can see and hear.

1:57

Larry Callaway, president two.

2:01

Thank you, Chairperson Young.

2:02

I can see and hear.

2:04

Kathleen.

2:07

Thank you, Chairperson Young.

2:08

I can see and hear everyone.

2:11

Robert Ulan Hake, Senior Planner.

2:13

Thank you, Chairperson Young.

2:15

I can see and hear everyone.

2:16

Marlena Aretta, senior planner.

2:21

I can see and hear everyone.

2:23

Alison Richardson, senior planner.

2:27

Thank you, Chairperson Young.

2:28

I can see and hear everyone.

2:31

Erica Henshaw, Principal Planner 2, serving as host today and handling the QA function.

2:38

Thank you.

2:38

I can see and hear everyone.

2:40

And he honey, senior planner serving as presentation manager today.

2:46

Chairperson Young, I can see and hear everyone.

2:48

Thank you.

2:49

Hearing specialist Heather Steffen, can you can you please confirm that you can see and hear the other participants?

2:55

I confirm.

2:57

Thank you.

2:59

The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today.

3:06

Rebuttal must be limited to the subject matter of initial presentations.

3:10

No further evidence, statements or arguments will be heard unless it is at the discretion of the board.

3:15

A person may file a written request to receive notice of the filing of a petition for judicial review of a decision of the board.

3:21

The written request must be filed within five days of the board's decision.

3:24

It must include the person's full name and correct mailing address and a reference to the board's petition number.

3:29

Forms are available and may be obtained from the board secretary.

3:33

All voting today will be done by roll call.

3:35

I will individually read each board member's name and ask them to vote yes or no.

3:39

Board members, please respond with your last name plus your vote.

3:45

To all attendees, please go to the question and answer function and state your name and address as well as the petition number for which you are here today.

3:52

Also state whether you wish to speak on the petition or if you have a special request to make to the board.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████33%
Cell Tower Regulation████████████████████████24%
Zoning and Land Use███████████████████████23%
Sign Regulation█████████9%
Public Safety███████7%
Technology and Innovation██2%
Sidewalk Management██2%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division 2 Hearing - November 17, 2020

The Metropolitan Board of Zoning Appeals, Division 2, held a public hearing on November 17, 2020, via electronic meeting due to COVID-19. Chairperson Mark Young presided. The board addressed expedited petitions, a full hearing on a small cell facility variance, and a continuance. All votes were conducted by roll call.

Consent Calendar

  • Expedited Petitions (single vote): The board waived rules of procedure to vote on all expedited petitions together. The following were approved unanimously (5-0):
    • 2020 DV3051 – 8900 Keystone Crossing: Variance for a 35‑foot tall pylon sign (25‑ft allowed), subject to a commitment that no panel be used for “for lease” or “for rent” advertising.
    • 2020 DV2055 – 1234 Fletcher Avenue: Variance for a garage addition to an existing single‑family dwelling with reduced setbacks and open space.
  • 2020 DV3054 – 241 East Brunswick Avenue: Continued to December 8, 2020, without additional notice, as no petitioner appeared.

Public Comments & Testimony

No public comments were submitted or presented during the meeting.

Discussion Items

  • 2020 GV1056 (amended) – 5118 Mason Drive and 4175 West 52nd Street: Petitioner Russell Brown (attorney) requested a variance of development standards for a small cell facility. Testimony included discussion of 5G technology benefits and market share. Remonstrators raised concerns about aesthetics, property values, and public health. After testimony, board members questioned the petitioner about the percentage of users served and alternative locations.

Key Outcomes

  • 2020 GV1056 Denied: Vote 1‑4 (Nelson yes; Ruder, Kelly, McKay, Young no). The petition was denied, and the board will adopt negative findings of fact at a later date.
  • Expedited Petitions Approved: All expedited petitions (including 2020 DV3051 and 2020 DV2055) were approved in a single 5‑0 vote.
  • Continuance Granted: 2020 DV3054 continued to December 8, 2020, without additional notice.
  • Adjournment: The meeting was adjourned after all business concluded.

Meeting Transcript

The DZA2 hearing of November 17, 2020, will now come to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2. I am Mark Young, Chairperson of Division 2. Executive orders issued by Governor Holcomb to make Mayor Hawk said regarding COVID-19 guidelines and restriction restrictions enabled us to conduct conduct conduct indeed today's meeting electronically. The city of Indianapolis hold public hearings in high regard for public input. We will 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. We ask that you remain patient throughout this time. The 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. I will now ask board members to verbally confirm that they can see and hear other participants. I will individually read each board member's name. Please acknowledge that you are present when you're called on. Alicia Ruder. Alicia Reuter, I can both see and hear you. Peter Nelson. Peter Nelson, I can see and hear you. Clinton McKay. Did Mary Kelly join us yet? Yes, Mary Kelly, I can see and hear you. Thank you. I will now ask the D and D and Office of Corporation Council members, corporation or council staff members to verbally confirm that they can see and hear the other participants. Please acknowledge that you are present when you are called upon. Legal Counsel for the board, Chris Steinmetz. Thank you. I can see and hear. Larry Callaway, president two. Thank you, Chairperson Young. I can see and hear. Kathleen. Thank you, Chairperson Young. I can see and hear everyone. Robert Ulan Hake, Senior Planner. Thank you, Chairperson Young. I can see and hear everyone. Marlena Aretta, senior planner. I can see and hear everyone. Alison Richardson, senior planner. Thank you, Chairperson Young. I can see and hear everyone. Erica Henshaw, Principal Planner 2, serving as host today and handling the QA function. Thank you. I can see and hear everyone. And he honey, senior planner serving as presentation manager today. Chairperson Young, I can see and hear everyone. Thank you. Hearing specialist Heather Steffen, can you can you please confirm that you can see and hear the other participants? I confirm. Thank you. The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today. Rebuttal must be limited to the subject matter of initial presentations.

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