Indianapolis BZA Division 2 Hearing - March 8, 2021
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Indianapolis Metropolitan Board of Zoning Appeals Division 2 Hearing - March 8, 2021
This meeting of the Indianapolis Metropolitan Board of Zoning Appeals Division 2 was held electronically due to COVID-19. The board considered multiple continuance requests, waiver requests, expedited petitions, and several full hearings, all involving variances of use or development standards. Key actions included granting continuances, approving expedited petitions, and voting on contested variance requests.
Special Requests & Continuances
- 2020 UV2009 (10131 East Thompson Road): Attorney David Rutherford requested a continuance to January 12, 2021, to finalize agreements with a neighbor. Granted unanimously.
- 2020 DV3-049 (7430 East Southport Road): Susie Wilson requested a continuance to January 12, 2021, to amend the petition. Granted unanimously.
- 2020 UV2-016 (7300 Highland Road): Staff requested a continuance on behalf of the petitioner to January 12, 2021. A remonstrator (Michael Hoy) did not object. Granted unanimously.
- 2020 DV2-051 (432 North Forest Avenue): Petitioner William Bentley requested a two-day waiver of the 23-day notice requirement. Staff supported. Granted unanimously.
- 2020 DV2-058 (6111 Lake Haven Lane): David Gilman requested a five-day waiver of the 30-day notice requirement due to a mailing error. Staff supported. Granted unanimously.
- 2020 DV2-042 (8554 Springview Drive): Staff requested a one-month continuance to January 12, 2021, as the petitioner was not present. Granted unanimously.
- 2020 DV3-054 (241 East Bronswick Avenue): Withdrawn by the petitioner; acknowledged by the board.
Expedited Petitions
- 2020 DV2-050 (816 East 21st Street) and 2020 DV2-057 (1131 Hoyt Avenue): Both petitions were read and approved in a single vote after a waiver of rules. The board voted unanimously (5-0) to approve and adopt findings of fact.
Full Hearing Items
2019 UV1-009 (2629 West Walnut Street) – Tow Yard and Storage
- Petitioner Jose Solano (representing William B. Baker) requested variances for a tow yard, setbacks, signage, parking, and handicapped space. Staff recommended denial, citing incompatibility with the comprehensive plan, lack of practical difficulty, and 100% deviation from setback standards. During discussion, the petitioner indicated they may have corrected violations but could not provide amended site plans. The board voted to continue the case to February 9, 2021, without additional notice, to allow the petitioner to submit revised plans. Motion carried unanimously.
2020 DV2-051 (432 North Forest Avenue) – Single-Family Dwelling Additions
- Petitioner William Bentley (representing Joseph Hogan) requested variances for reduced front setback, reduced open space, and zero-foot side setback. The building was already constructed without proper permits. Staff recommended denial, noting the petitioner could revert to original state. After discussion, the board agreed to a continuance to February 9, 2021, to allow negotiation with staff on a possible compromise. Motion carried unanimously.
2020 DV2-058 (6111 Lake Haven Lane) – Outdoor Storage Surface
- Petitioner David Gilman (representing R.H. Marlin) requested a variance to use milled asphalt and aggregate (instead of hard surface) for a 200,000+ sq. ft. outdoor storage area. Staff recommended denial but added a condition for paved internal drives. The petitioner agreed to pave internal drives and requested administrative review of a revised site plan. The board approved the variance (5-0) subject to the condition.
2020 UV2-018 (7875 West 10th Street) – Outdoor Cooler for Domino's Pizza
- Petitioners (Renee Chappelle, John Killiani, Nate Lee) requested a variance of use and development standards for an outdoor walk-in cooler reducing the side setback from 20 ft to 3 ft. Staff supported the use variance but opposed the setback variance, noting adequate space on the south side. The petitioners argued operational hardship and offered to add screening. The board voted 3-2 to approve (Duke, Nelson, Young in favor; Reuter, Kelly opposed).
Adoption of Findings of Fact
- Revised findings of fact for 2020 DV2-053A and 2020 DV2-053B (from a previous meeting) were adopted by a vote of Reuter, Kelly, and Nelson (3-0).
Key Outcomes
- All continuance and waiver requests were granted unanimously.
- Expedited petitions were approved unanimously.
- 2019 UV1-009 and 2020 DV2-051 were continued to February 9, 2021.
- 2020 DV2-058 was approved with a condition (paved internal drives subject to administrative review).
- 2020 UV2-018 was approved by a 3-2 vote.
- Revised findings for two prior petitions were adopted.
Note: The meeting date is recorded as March 8, 2021, per the instructions, although the transcript references December 8, 2020, indicating a possible discrepancy between the provided date and the actual meeting content.
Meeting Transcript
Faster speeds. The BZA 2 hearing of December 8th, 2020 would now come to order. This is a public hearing for of the Metropon Metropolitan Board of Zoning Appeals Division 2. I am Mark Young, Chairperson of Division 2. Executive orders issued by Governor Holcomb and Mayor Hawkset regarding COVID-19 guidelines and restrictions. Enable us to conduct today's meeting electronically. City of Indianapolis holds public hearings and high regards 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 through this time.gov or the planner assigned to the case 24 hours prior to the meeting to ensure your comments are included in the record. To all petitioners and anyone making a special request, please go to the QA function now and state your name, petition number, and your special special requests. Reuters, I can both see and hear you. Mary Kelly. Peter Nelson. Peter Nelson, I can see and hear everyone. Thank you. I will now ask the DMD office and 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 are called upon. Legal counsel for the board, Chris Steinmetz. Thank you. I can see and hear. Larry Callaway, Principal Planner 2. I can see in here. Jeffrey York, Senior Planner, also serving as presentations manager. Thank you, Chairperson Young. I can see and hear. Robert Ulan Hake, Senior Planner. Thank you, Chairperson Young. I can see and hear. Marlena Aretta, senior planner. Thank you, Chairperson Young. I can see and hear everyone. Alison Richardson, senior planner. Thank you, Chairperson Young. I can see and hear everyone. Erica Hinshaw, Principal Planner 2. Thank you. I can see and hear everyone. Thank you. Matt Pleasant, uh, planning administrator, also serving as host. Thank you, Chairperson. I can see and hear everyone. And hearing specialist Heather Stefan, can you please confirm that you can see and hear the other participants? Mrs. Heather, I confirm. Thank you. The board has copies of the zoning ordinances that will be incorporated by reference into the record for each case heard today. Rebuttal must be limited to the subject matter of the initial presentations. No further evidence statements or arguments will be heard unless it is at the discretion of the board. 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. The written request must be filed within five days of the board's decision and must include the person's full name and correct mailing address and a reference of the board's petition number.
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