Indianapolis Board of Zoning Appeals Hearing - March 9, 2021

The Indianapolis Board of Zoning Appeals (BZA) convened on March 9, 2021, at 18:00 UTC (1:00 PM local) via hybrid virtual format due to the COVID-19 pandemic. Chairman Mark Young presided over the meeting, with board members Alicia Reuter, Mary Kelly, James Duke, and Peter Nelson in attendance. The board heard several special requests, expedited petitions, and full hearings, with votes conducted by roll call. The meeting was adjourned at approximately 4:05 PM local time.

Special Requests & Continuances

• 2021-UV2-003 (3854 North College Avenue): Sarah Walters requested and received a three-day waiver of notice requirements. The board approved the waiver unanimously (5-0).
• 2020-DV2-051 (432 Forest Avenue): The board acknowledged the petitioner's email request to withdraw this petition.
• 2019-UV1-009 (2629 West Walnut Street): The petitioner submitted a letter indicating withdrawal; however, the case was continued to April 13, 2021, to allow time to possibly amend the petition. David Rutherford, representing the petitioner, agreed to the continuance. The board voted unanimously (5-0) to continue without additional notice unless the petition is amended.
• 2020-DB3049 (7430 East South Boat Road): Continued to April 13, 2021, without additional notice unless required. Motion by Kelly, seconded by Nelson, approved unanimously (5-0).
• 2021-DB2005 (351 East Street): The petitioners filed a timely request for automatic continuance to April 13, 2021; the board acknowledged it.
• 2021-DV2-010 (1718 South East Street): The petitioner was deficient on public notice (never picked up the notice sign) and had not submitted an affidavit of notice. The board voted unanimously (5-0) to continue the case to April 13, 2021, with notice.

Expedited Petitions

All expedited petitions were approved in a single unanimous vote (5-0) after a waiver of procedural rules. Petitioners had stated they read and agreed with staff reports, knew of no remonstrators, and agreed to conditions. The approved petitions were:

• 2021-DV204 (5246 Central Avenue): Variance for a two-story dwelling and garage addition with a five-foot rear setback (20 feet required).
• 2021-DV2007 (amended, 5246 Central Avenue): Variance for an 18-foot front setback and other development standards.
• 2021-DV2009 (831 Lincoln Street): Variance for a detached garage accessory to a single-family dwelling with 52% open space (60% required).
• 2021-UV2002 (4407 Man Road): Variance of use to convert a single-family dwelling into two dwelling units (not permitted).
• 2021-UV2003 (3854 North College Avenue): Variance of use for a two-family dwelling with an attached garage (not permitted).

Full Hearing: 2020-UV2009 (10131 East Thompson Road) - APPROVED

• Petition: Variance of use for a landscaping contractor business with seasonal outdoor storage of trailers within a gravel parking area in the DA (agricultural) district. Attorney David Rutherford represented the petitioners, Robert Harris and Kelly L. Dearth.
• Petitioner's Position: Rutherford argued the six-acre property is uniquely situated (backing to I-74 and Thompson Road), that the business has operated for two years without neighbor complaints, that all three potentially impacted neighbors support the request subject to a detailed plan of operation and two commitments (drainage improvements and tree planting), and that the Franklin Township Civic League land use committee supports the variance. He also noted the comprehensive plan splits the property between estate residential (front) and industrial (rear), making the use arguably consistent with plan recommendations.
• Councillor Support: City-County Councillor Brian Maori submitted a letter of strong support, stating the property matches the comprehensive plan's split recommendations and that the variance process "brought peace to this neighborhood."
• Staff Position: Staff recommended denial, citing concerns about the business being larger than the primary dwelling, increased intensity of non-agricultural use in the DA district, and potential traffic on Thompson Road.
• Outcome: The board voted unanimously (5-0) to approve the variance, subject to the plan of operation and two filed commitments.

Full Hearing: 2020-SE2002 (604 West Stop 11 Road) - DENIED

• Petition: Indy Zion Baptist Church sought a special exception for religious use (construction of new buildings with parking) and a variance for a 40-square-foot ground sign on an 8.5-acre parcel in the D3 district. Daniel Rosello represented the church; Jeff Boyna (Myler Church Builders) also testified in support.
• Petitioner's Position: The congregation currently rents space from another church, averages 140 attendees per service, and hopes to reach 300. Rosello argued the project would be beneficial to the community, aligned with the comprehensive plan, and that ingress/egress already exists. Boyna stated the project would improve drainage with a retention pond, tie into city sewer, and use downward-pointing lighting to minimize light pollution.
• Remonstrator Positions (six speakers, 15 minutes collective time):
  • Amy Davis (534 West Stop 11): Concerned about drainage and questioned whether city sewer is available; also noted noise from summer gatherings.
  • Brenda Dalk (7904 Rake Road): Cited existing drainage problems, privacy and security concerns, and traffic hazards for children walking to nearby schools.
  • Marilyn Cummings (7919 Forest Park Drive): Expressed shock at the 300-person goal (Rosello had previously described a "small congregation"); noted the church would be in the backyard of 35 homes; asserted no city sewer exists in the area; and raised concerns about tax-exempt status reducing school revenue.
  • Graylin (7848 Rake Road): Submitted documentation asserting no city sewer is available (Citizens would charge $100-$300 per foot for 870 feet, roughly $400,000 to extend); cited soil and water conservation district data showing water at one foot depth; and opposed the retention pond as a means of controlling all neighborhood drainage.
  • Jonathan Carter (7809 Opelika Court): Expressed concern that the retention pond posed a drowning risk to children, noting his grandfather drowned in a retention pond.
  • Laura Piercefield (315 Albany Street): Cited traffic visibility issues on Stop 11, personal childhood accidents, and argued the church should consider existing commercial properties for reuse instead.
  • Nancy Summit (7840 Rake Road): Reported current flooding in her backyard and stated Citizens Energy confirmed no sewer exists on Stop 11.
  • Matt Davis (534 West Stop 11): Reported chronic flooding ("Lake Davis") and stated a parking lot would worsen runoff and affect his septic system.
• Staff Position: Staff recommended approval with commitments, including submission of a tree preservation plan and landscape plan, and requiring future expansions to undergo additional special exception hearings. Staff noted the proposed sign would comply with SU-1 district standards.
• Outcome: The board voted unanimously (5-0) to DENY the petition. The case was continued for adoption of findings of fact supporting the denial.

Full Hearing: 2021-DV206 (5310 Claybrook Commons Drive) - APPROVED

• Petition: Variance of development standards for an 80-foot-tall, 528-square-foot pole sign (maximum 20-foot-tall, 300-square-foot pole sign permitted) for a CarMax dealership on a 4.6-acre parcel in the C5 district. Joe Calderon represented Claybrook Commons East LLC; John Cunningham (developer) also testified.
• Petitioner's Position: The sign is needed because the property is over 1,000 feet from Emerson Avenue and is obscured by a tree stand in the state right-of-way along I-65. The total sign square footage (528) is less than the 600 square feet permitted via two 300-square-foot signs. The petitioner argued the height is the minimum needed for visibility and that a conforming sign would be completely buried by trees.
• Staff Position: Staff recommended denial, citing the recent sign regulation changes intended to reduce visual impact, the I-65/County Line Road strategic plan goals (gateway first impression), and the availability of alternative signage options (integrated center signs along Emerson or further north). Staff noted the 80-foot sign would equal the height of a five-story hotel.
• Outcome: The board voted unanimously (5-0) to APPROVE the variance.

Full Hearing: 2021-DV208 (12 and 14 Sherwood Drive) - APPROVED

• Petition: Variance of development standards to legally establish an existing pool shed and deck with a one-foot west side setback, two-foot rear setback, and encroachment into a five-foot utility easement, plus an addition to a single-family dwelling. Tyler Vargo (architectural designer) represented petitioners Tim and Emily Delaney.
• Petitioner's Position: The pool shed and deck were installed before the Delaneys purchased the home 3.5 years ago and were never legally established. The shed is on a full foundation, making relocation impractical (demolition would be required). Four letters of support were submitted from neighbors and a community member. The petitioner noted he was working with the utility company for approval and had support from the Nora Northside Community Council and the Town of Meridian Hills land use committee.
• Staff Position: Staff recommended denial, stating that minor residential structures should meet required setbacks and that permitting the structure within a recorded utility easement is inappropriate given the easement's purpose of providing utility access. Staff argued the shed could likely be relocated.
• Outcome: The board voted unanimously (5-0) to APPROVE the variance.

Full Hearing: 2021-UV2004 (811 LeCleed Street) - CONTINUED

• Petition: West Side Renters, Inc. sought a variance of use and development standards to convert a single-family dwelling into two units and a detached garage into two additional units (four total units) on a 7,450-square-foot lot. The minimum required floor area is 900 square feet per unit; proposed units would range from 300 to 600 square feet. The minimum lot size for a two-family dwelling is 10,000 square feet.
• Petitioner's Position: The petitioner (McConnell) had difficulty with audio and connectivity. He stated the business is close to the property and employees (11-12) need housing near work. He acknowledged the permit was not obtained initially but was "by it now" and requested time to submit new designs.
• Staff Position: Staff recommended denial, noting the proposed use would create a density of 24 dwelling units per acre (exceeding the comprehensive plan recommendation of 5-8 units per acre by 300%), that no peculiar site condition exists, and that the hardship is self-imposed.
• Outcome: The petitioner requested a continuance to April 13, 2021, without additional notice. Staff did not object. The board voted unanimously (5-0) to continue the case. Board member Ewan Hake offered to reach out to the petitioner to ensure he understood the process.

Adoption of Findings

• The board adopted revised findings for petition 2020-DV2054 (Mr. Carvajal), previously approved at an earlier hearing. The motion was made by Reuter, seconded by Kelly, and approved by unanimous vote of the three board members who had voted on the original petition (Reuter, Kelly, Nelson).

Key Outcomes

• Approved: 2020-UV2009 (variance of use, 5-0); 2021-DV206 (sign variance, 5-0); 2021-DV208 (development standards variance, 5-0); all expedited petitions (5-0).
• Denied: 2020-SE2002 (special exception and sign variance, 0-5).
• Continued to April 13, 2021: 2019-UV1-009, 2020-DB3049, 2021-DB2005, 2021-DV2-010, 2021-UV2004.
• Withdrawals acknowledged: 2020-DV2-051.
• Findings adopted: 2020-DV2054.
• Technical difficulties: Multiple remonstrators and call-in users experienced connectivity issues, particularly for case 2020-SE2002; the board accommodated by proceeding out of order and returning to the case when participation was possible.