BZA2 Hearing of April 13, 2021: Variance Decisions and Officer Elections
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BZA2 Hearing of April 13, 2021
The Metropolitan Board of Zoning Appeals, Division 2, held a public hearing on April 13, 2021, via electronic means due to COVID-19. Chair Mark Young presided. The meeting covered special requests, continuances, expedited petitions, and full hearings on five variance cases. The board also elected officers for 2021.
Consent Calendar
- None explicitly listed; however, the board handled several routine continuances and withdrawals at the start.
Public Comments & Testimony
- Brian Bailey (call-in) expressed interest as a neighbor regarding case 2021-DV2-017 (Woodlawn Avenue) and asked about building separation distances. His question was answered by petitioner Jonathan Blake.
- No other public testimony was recorded; all other attendees either were petitioners or staff.
Special Requests and Continuances
- Case 2021-SE2-001 (1018 and 1030 Logger Lane): Petitioner Skylar Sullivan requested a continuance to June 8, 2021, without additional notice. Staff had no objection. Motion carried unanimously.
- Case 2021-DV2-011 (11315 East Washington Street): Petitioner requested withdrawal of the digital sign portion and reduction of sign height to four feet. Staff acknowledged and recommended moving to expedited docket. Board approved the withdrawal and moved to expedited docket (unanimous).
- Case 2020-DV3-049 (7430 East Southport Road): Petitioner David Rathaford requested continuance to June 8, 2021, with additional notice for an amended variance. Staff had no objection. Motion carried unanimously.
- Case 2021-DV2-014 (2032 West 64th Street): Petitioner Sarah Walters requested continuance to May 11, 2021, with additional notice due to overlooked rear setback. Staff had no objection. Motion carried unanimously.
- Case 2021-DV2-013 (1531 North High School Road): A neighbor supported withdrawal; petitioner had submitted withdrawal on April 1. Staff acknowledged withdrawal and supported a full refund of $614. Board voted to withdraw and refund (unanimous).
- Case 2021-UV2-05 (3827 West Troy Avenue): Staff noted an automatic continuance to May 11, 2021, by a registered neighborhood organization. Board acknowledged.
- Case 2021-DV2-005 (351 South East Street): Staff requested continuance on petitioner's behalf to May 11, 2021, without notice. Motion carried unanimously.
- Case 2021-DV2-010 (1718 South East Street): Staff recommended continuance to June 8, 2021, with notice because no affidavit had been filed and petitioner was unrepresented. Motion carried unanimously.
Expedited Petitions
- The board voted to approve all expedited petitions in a single vote, adopting findings of fact. Petitions:
- 2021-UV2-006 (5661 Madison Avenue): Variance of use to legally establish a single-family dwelling.
- 2021-DV2-011 (amended, 11315 East Washington Street): For a four-foot tall monument sign (already moved to expedited).
- Motion carried unanimously (5-0).
Discussion Items (Full Hearings)
Case 2021-UV2-004 (811 LeClear Street)
- Request: Convert single-family dwelling into two units; variances for floor area, lot size, parking. Petitioner later withdrew request for four substandard parking spaces.
- Staff: Recommended denial, citing D4 district standards, insufficient lot area, and potential public safety concerns with rear unit entrance.
- Board Vote: Denied 1-4 (only Peter Nelson voted yes).
Case 2021-DV2-012 (9961 East Washington Street) – Chick-fil-A
- Request: Variances for drive-thru lane in front yard, reduced setback, additional sign. Petitioner withdrew sign request and landscape variance, leaving only drive-thru location variance.
- Staff: Recommended denial, noting other drive-thrus in center are located to rear and that the site is smaller than average for the chain.
- Board Vote: Approved as amended 3-2 (Duke and Nelson and Young voted yes; Reuter and Kelly no).
Case 2021-DV2-015 (5330 East Thompson Road) – Tire Discounters sign
- Request: 20-foot tall pole sign within 190 feet of existing sign (300 ft required) and third sign along frontage (max two). Petitioner indicated willingness to consider monument sign.
- Staff: Recommended denial, citing sufficient wall signage and available integrated sign panel.
- Board Vote: Denied 2-3 (only Duke and Young voted yes).
Case 2021-DV2-016 (1401 Harding Court) – MK Truck Centers signs
- Request: Part A – Two 45-foot tall pole signs (one 250 sq ft, one 150 sq ft) spaced 175 feet apart. Part B – Allow the 250 sq ft sign to be digital (vs. non-digital). Staff recommended approval of non-digital sign at 45 ft but denial of digital component at 250 sq ft and 45 ft height.
- Board Vote: Part A approved 5-0. Part B denied 2-3 (Duke and Young voted yes; Reuter, Kelly, Nelson no).
Case 2021-DV2-017 (1627-1635 Woodlawn Avenue)
- Request: Subdivide three parcels into five single-family lots (4,300 sq ft each, 24 ft width, 6 ft between dwellings). Petitioner argued consistency with neighborhood plan.
- Staff: Recommended denial, citing inadequate lot width, precedent concerns, and ability to develop without variances.
- Board Vote: Denied 1-4 (only Nelson voted yes).
Key Outcomes
- Continuances granted: Cases 2021-SE2-001 (June 8), 2020-DV3-049 (June 8 with notice), 2021-DV2-014 (May 11 with notice), 2021-DV2-005 (May 11 without notice), 2021-DV2-010 (June 8 with notice).
- Withdrawal approved: Cases 2021-DV2-013 (with refund of $614) and 2021-DV2-011 (digital sign portion withdrawn, moved to expedited).
- Expedited petitions approved: Two cases (2021-UV2-006 and amended 2021-DV2-011).
- Full hearing decisions:
- 2021-UV2-004: Denied (1-4).
- 2021-DV2-012: Approved with amendments (3-2).
- 2021-DV2-015: Denied (2-3).
- 2021-DV2-016 Part A (non-digital signs): Approved (5-0); Part B (digital component): Denied (2-3).
- 2021-DV2-017: Denied (1-4).
- Officer elections: Mark Young retained as Chair, Alicia Reuter as Vice Chair, Mary Kelly as Secretary (all votes unanimous).
- Next meeting: Scheduled for May 11, 2021, with potential return to in-person at the City-County Building.
Meeting Transcript
We good to go, Heather. Um we have enough to go. I'm shooting the link to Duke now. Yeah, as soon as you see that Michael's ready to record, I should go for it. It just asked me to email him the meeting link on the report. Yeah, just Senate time. Okay. Okay, we can get started. Uh the BZO2 hearing of April 13, 2021 will now come to order. Uh this is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2. I am Mark Young, Chair Portion of Division 2. Uh, a couple of housekeeping items um remain muted unless that you are speaking. Uh this helps to reduce and eliminate feedback and static. Uh if participants are experiencing bandwidth issues, they can turn off the video feature and still participate via audio via audio. Uh, it's also helpful to close other programs and windows, disconnect from VPN, etc. This will help with connectivity and ensure faster speeds. Um, executive orders issued by Governor Holcomb and Mayor Hogsett regarding COVID 19 guidelines and restrictions, enabled us to conduct conday's meeting uh electronically. The City of Indianapolis holds public hearings in high regard for public input, where we use reasonable efforts to carry out uh 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 nd.gov or the planner assigned to the case 24 hours prior to the meeting to ensure your comments are included in the record. Do all petitioners and anyone make any special requests, please go to the QA function now and state your name, petition number, and your special request. I will individually read each board member's name. Please acknowledge that you are present when you are called upon. Alicia Ruder. Thank you. Mary Kelly. Kelly, I can see and hear you. Uh Peter Nelson. Peter Nelson, I can see and hear everyone. Uh James Duke. Doesn't make it yet. Okay. And I'm Mark Young and I can see and hear everyone, obviously. I will not ask the DMD 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 him here. Larry Callaway, Principal Planner 2. I can see him here. Jeffrey York, Senior Planner. Thank you, Chairman Young. I can see in here. Robert Ulanhake, Senior Planner. Marlene Aretha, Senior Planner. Thank you, Chairperson Young. I can see and hear from uh Genesis Heal, Associate Planner. Thank you, Chairperson Young. I can see and hear everyone. Eddie Homia, senior planner serving as presentations manager.
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