OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Indianapolis Board of Zoning Appeals Division 2 Meeting - February 9, 2021

Board of Zoning Appeals IITuesday, February 9, 2021
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals II
DateTuesday, February 9, 2021
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
1:11

Everybody hear me okay.

1:16

Yep, sure can.

1:19

Yep, loud and clear.

2:02

All right, we're ready to get started.

2:07

I'm ready if you're ready.

2:09

Do we have Steinmouth here?

2:15

Do we have Mr.

2:16

Duke?

2:17

I don't see him.

2:20

I see.

2:24

I see myself.

2:26

I see Lisa.

2:28

I see I don't see Mary or Peter, I don't think.

2:48

Do we need that to start?

2:51

Okay.

2:51

No, of course we need him, and he's very important.

2:54

And we can start this meeting without him.

2:56

All right.

2:57

Well, let's get started with that.

3:00

Um just a couple of housekeeping um items for the board of zoning appeals to meeting, February ninth.

3:08

Uh please remain muted unless you are speaking.

3:10

This helps reduce eliminate feedback and static.

3:13

Um participants are experiencing bandwidth issues.

3:25

This will help with connectivity and ensure faster speeds.

3:28

Um BZA2 hearing of February 9, 2021 would now come to order.

3:33

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

3:37

I am Mark Young, Chairperson of Division Two.

3:40

Executive orders issued by Governor Holcomb and Mayor Mayor Hog said regarding COVID 19 guidelines and restrictions.gov or the planner assigned to the case twenty-four hours prior to the meeting to ensure your comments are included in the record.

4:44

Please acknowledge that you were present when you were called on.

4:47

Alicia Ruder.

4:53

I can see and hear everyone.

4:56

Peter Nelson.

4:58

Peter Nelson, I can see and hear everyone.

5:06

If not, I am Mark.

5:08

Sorry, go ahead.

5:09

Sorry, Chairman Young.

5:10

Um he just indicated to me that he can't find the link, so I'm just shooting the link.

5:14

He should be here in a minute.

5:15

Okay.

5:16

I will not ask DMD and the Office of Corporation Council staff members to verbally confirm that they can see and hear the other participants.

5:24

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

5:28

Legal Counsel for the board, Chris Steinmetz.

5:31

Thank you.

5:32

I can see in here.

5:34

Larry Callaway, Principal Planner 2.

5:37

Thank you, Chairman Young.

5:38

I can see in here.

5:39

Robert Ulan Hake, Senior Planner.

5:42

Thank you, Chairman Young.

5:43

I can see and hear.

5:48

Thank you, Chairperson Young.

5:49

I can see in here.

5:55

Thank you.

5:56

I can see in here.

5:59

Genesis Hill, Associate Planner.

6:03

Thank you.

6:03

I can see and hear everyone.

6:05

Thank you.

6:06

Eric Henshaw, Principal Planner 2, serving as QA manager.

6:11

Thank you.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████49%
Procedural███████████████████████████████████38%
Public Engagement████████████13%
Summary of Proceedings

Indianapolis Board of Zoning Appeals Division 2 Meeting - February 9, 2021

The Metropolitan Board of Zoning Appeals, Division 2, met on February 9, 2021, via WebEx. Chair Mark Young presided. The meeting addressed special requests for continuances and waivers, approved an expedited consent docket, and heard a contested variance petition for a detached garage. The meeting adjourned at 1:48 p.m.

Consent Calendar

  • Approved a two-day waiver of legal notice for 2021 DV2002 (411 North Keystone Avenue) after the sign was posted late due to COVID-19 quarantine, with staff not opposed.
  • Granted a continuance for 2020 UV2009 (10131 East Thompson Road) to March 9, 2021, without additional notice, after the petitioner stated that final documents were still being prepared. This was the seventh continuance, and staff indicated no further continuances would be supported.
  • Granted a staff-requested continuance for 2020 DV2051 (432 Forest Avenue) to March 9, 2021, with additional notice, to allow the petitioner to verify if the petition is still needed.
  • Granted a continuance for 2019 UV1-009 (2629 West Walnut Street) to March 9, 2021, without additional notice, with staff noting this would be the final continuance they would support.
  • Acknowledged the withdrawal of 2020 DV3050 (5809 Bluff Road) as requested by the petitioner.

Expedited Docket

  • The board voted to waive rules of procedure to approve all expedited petitions in a single vote. The following petitions were approved unanimously:
    • 2021 DV2001 (1823 Singleton Street) – variance for a single-family dwelling and detached garage with reduced setbacks.
    • 2021 DV2002 (411 North Keystone Avenue) – variance for reconstruction of steps, addition to a dwelling, and accessory building.
    • 2021 DV2003 (1012 Lexington Avenue) – variance for construction of an accessory garage with reduced side setback and open space.
    • 2020 UV2019 (3401 West 10th Street and 970 North Tibbs Avenue) – variance of use for reconstruction of a gasoline station and convenience store.
    • 2021 UV2001 (1808 East Washington Street) – variance of use for two dwelling units.

Public Comments & Testimony

  • Corey Shonborn, a call-in user, inquired about the approved expedited petition for 411 North Keystone Avenue. He asked when construction would start; the board clarified that it does not control permitting timelines. No opposition was expressed.
  • Dalton Conway, a call-in user, stated he owned the house next door to 407/411 North Keystone but was not connected to the case being discussed. No further testimony.

Discussion Items

  • 2020 DV3066 (325 Parkway Avenue) – Variance for Detached Garage
    • Petitioner Cindy Thrasher, on behalf of the owners, requested a variance to construct a 22' x 24' detached garage (528 sq. ft.) with storage above, which would reduce the lot's open space from 48% to 44% (60% required). The existing dwelling and a 374 sq. ft. garage already occupy the lot. The petitioner argued that the existing garage is too small to accommodate the owners' two vehicles (one oversized SUV) and that neighboring properties have similar or larger garages with less open space. She also provided a letter of support from the Bates Hendricks Neighborhood Association.
    • Staff recommended denial, stating that the lot is already overdeveloped and that the need for a larger garage is a self-imposed hardship. Staff noted that the garage drawing showed only one overhead door, suggesting only one vehicle would be stored, but the petitioner clarified that was a drafting error.
    • Board member James Duke commented that the owners' choice to own an oversized vehicle is a self-imposed hardship and does not justify the variance.
    • The board voted to separate the request: Part A (legal establishment of the existing single-family dwelling) was approved unanimously (5-0). Part B (construction of the detached garage) was denied (3-2, with Reuter, Kelly, and Young voting no, and Duke and Nelson voting yes).

Key Outcomes

  • Votes on Special Requests: All motions passed unanimously.
  • Expedited Petitions: Approved by a single vote (5-0).
  • 2020 DV3066 Part A (Legal Establishment): Approved (5-0).
  • 2020 DV3066 Part B (Detached Garage): Denied (3-2).
  • Adoption of Negative Findings of Fact:
    • For 2020 DV1056 (denied on November 17, 2020) – adopted unanimously.
    • For 2020 UV2016 (denied on January 12, 2021) – adopted unanimously.
  • The meeting adjourned at 1:48 p.m.

Meeting Transcript

Everybody hear me okay. Yep, sure can. Yep, loud and clear. All right, we're ready to get started. I'm ready if you're ready. Do we have Steinmouth here? Do we have Mr. Duke? I don't see him. I see. I see myself. I see Lisa. I see I don't see Mary or Peter, I don't think. Do we need that to start? Okay. No, of course we need him, and he's very important. And we can start this meeting without him. All right. Well, let's get started with that. Um just a couple of housekeeping um items for the board of zoning appeals to meeting, February ninth. Uh please remain muted unless you are speaking. This helps reduce eliminate feedback and static. Um participants are experiencing bandwidth issues. This will help with connectivity and ensure faster speeds. Um BZA2 hearing of February 9, 2021 would now come to order. 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 Mayor Hog said regarding COVID 19 guidelines and restrictions.gov or the planner assigned to the case twenty-four hours prior to the meeting to ensure your comments are included in the record. Please acknowledge that you were present when you were called on. Alicia Ruder. I can see and hear everyone. Peter Nelson. Peter Nelson, I can see and hear everyone. If not, I am Mark. Sorry, go ahead. Sorry, Chairman Young. Um he just indicated to me that he can't find the link, so I'm just shooting the link. He should be here in a minute. Okay. I will not ask DMD and the Office of Corporation Council staff members to verbally confirm that they can see and hear the other participants. Please acknowledge that you are present when you're called upon. Legal Counsel for the board, Chris Steinmetz. Thank you. I can see in here. Larry Callaway, Principal Planner 2. Thank you, Chairman Young. I can see in here. Robert Ulan Hake, Senior Planner. Thank you, Chairman Young. I can see and hear.

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