Indianapolis Metropolitan Board of Zoning Appeals Division Two Meeting - June 8, 2021
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Indianapolis Metropolitan Board of Zoning Appeals Division Two Meeting - June 8, 2021
The Metropolitan Board of Zoning Appeals, Division Two, held a public hearing on June 8, 2021, at 6:00 PM. Chairperson Mark Young presided, with board members Mary Kelly, Alicia Ruder, James Duke, and Peter Nelson present. Legal counsel Chris Steinmetz and several planning staff members attended. The board handled continuances, withdrawals, expedited petitions, and four contested variance petitions.
Special Requests and Continuances
- 2021 SC201 (1018 and 1030 Lowry Lane): Continued to July 13, 2021, without additional notice, to allow petitioner (Central Indiana Christian Fellowship Church) to continue meeting with neighbors.
- 2021 UV2007 (6585 East 30th Street): Withdrawal acknowledged.
- 2021 DV2024 (1054 East Troy Avenue): Transferred to the July 6, 2021, BZA1 hearing without additional notice.
- 2021 DV2025 (8008 Fishback Road): Continued to July 13, 2021, with additional notice if required, to revise site plan for a ground-mounted solar array.
- 2021 DV3049 (7430 East Southport Road): Continued to July 13, 2021, with new notice due to an amended petition.
- 2021 DV2005 (351 Southeast Street): Withdrawal acknowledged.
- 2021 UV2008 (3112, 3118, 3122 Dr. AJ Brown Avenue and 1118 East 30th Street): Withdrawal acknowledged.
- 2021 DV2029 (1445 West 86th Street): Automatic continuance to July 13, 2021, acknowledged.
Expedited Petitions
The board voted unanimously to approve three expedited petitions in a single roll call:
- 2021 DV2026: Variance for a single-family dwelling with reduced setbacks.
- 2021 DV2027: Variance for a single-family dwelling with reduced setbacks and open space.
- 2021 DV2028: Variance for 38 parking spaces where 28 are permitted.
Discussion Items
2021 DV2010 – 1718 Southeast Street (10-foot fence)
- Petitioner: Michael Scherfik (property owner) requested a variance to allow a 10-foot tall fence in side and rear yards (maximum 6 feet permitted). He argued the fence reduced noise from a restaurant/bar tenant and provided privacy for the courtyard. He submitted 8–11 letters of support from adjacent property owners.
- Staff position: Recommended denial, stating that the fence could be reduced to 6 feet and supplemented with landscaping, and no practical difficulty was demonstrated. The property had a zoning violation due to a neighbor complaint.
- Board vote: 3–2 in favor (Duke, Nelson, Young yes; Kelly, Reuter no). Approved.
2021 DV2018 – 4102 East 42nd Street (6-foot front yard fence)
- Petitioner: Melissa Hawk (homeowner) requested a variance to place a 6-foot privacy fence in the front yard (along Forest Manor Avenue) where a 3.5-foot maximum is permitted. She proposed a 7-foot gap from a tree to preserve neighbor's view of traffic. She cited safety concerns for her children playing in the yard.
- Staff position: Recommended denial; the fence could be located at the leading edge of the dwelling to comply (as neighboring property did). No practical difficulty was shown.
- Board vote: 4–1 in favor (Kelly, Duke, Nelson, Young yes; Reuter no). Approved, with continuation for adoption of revised findings of fact.
2021 UV2010 – 6739 Shelbyville Road (business office, sign, parking setback)
- Petitioner: Attorney David Rutherford, on behalf of Scott A. Smith and the Holcombs (Keller Williams real estate office), requested a use variance to operate a business and professional office, a freestanding sign, and a parking lot with a 6-foot side setback (30 feet required). The property is zone DA (agricultural/estate). The petitioner presented commitments including 30–35 evergreen trees, a 6-foot privacy fence, and arborvitae screening. Letters of support were submitted from City-County Councilor Brian Mowry and State Senator Freeman. The Westport HOA and Franklin Township land use committee supported the petition after negotiation.
- Staff position: Recommended denial, citing the use is not permitted in DA, would encourage commercial conversions, and the sign and parking setbacks are inconsistent with the district. Staff noted the revised site plan was received the day before.
- Board vote: 5–0 in favor. Approved.
2021 UV2011 – 9265 East 82nd Street (plant nursery)
- Petitioner: Keith Bucklew requested a variance to operate a plant nursery (retail sale of trees, shrubs, perennials) on a 7-acre property (zone D1). He described it as a part-time hobby business run by his wife, with limited hours and no employees. He claimed the nursery would be non-intrusive and not visible from neighbors.
- Remonstrators: Several neighbors testified in opposition. They cited: ongoing business operations without a variance (zoning violation), altered drainage causing flooding, increased traffic, noise from dump trucks, removal of trees, and concerns about property values. The Sergeant Hills Homeowners Association, represented by John Franklin Reasner, opposed the petition. The neighbors stated the petitioner had not communicated with many of them and that the property was not occupied.
- Staff position: Recommended denial, noting the proposed use is heavy commercial retail, the business was already operating, and the variance would be injurious to the community. Staff also cited concerns about visibility, traffic, and inconsistency with the comprehensive plan.
- Board vote: 5–0 to deny. Denied, with continuation for adoption of negative findings of fact.
Key Outcomes
- Approved: 2021 DV2010 (3–2), 2021 DV2018 (4–1, continued for findings), 2021 UV2010 (5–0).
- Denied: 2021 UV2011 (5–0, continued for negative findings).
- Expedited petitions: All three approved unanimously.
- Continuances and withdrawals: As listed above, all granted or acknowledged.
Administrator Update on SEA 392
- Matt Pleasant, Plan Administrator, informed the board about Indiana Senate Enrolled Act 392, which will require all nine Marion County townships to be represented across the three BZA divisions starting in 2022. The legislation also affects appointment procedures. The board will work with the City-County Council and Mayor's office to ensure compliance by the end of 2021.
Meeting Transcript
I haven't seen that. It was sent to them last night, so anything. Well, then I'll just do paper on those things. I'll make it easy. No, there's five. Good. I mean, you've got four so far. I spread them out. Is it a good idea? I mean it is. We don't want to hear anything on you. And Brian is not too much. Yes. Call to order. This is a public meeting. Public hearing, I'm sorry, of the Metropolitan Board of Zoning Appeals, Division Two. I am Mark Young, Chairperson of Division Two. The other board members present are Mary Kelly, Alicia Ruder, James Duke, Peter Nelson. Legal Counsel for the board today is Chris Steinmetz. Staff members present today from the division of planning are Larry Callaway, Principal Planner Two. Jeffrey York, senior planner, Robert Ulanhake, senior planner, Marlena Aretta, senior planner, Genesis Hill Associate Planner, and Heather Steffen, Senior Specialist and Secretary to the Board. Matt Pleasant is the current planet administrator. The expedited cases will be heard immediately after all requests for continuances or withdrawals. As each non-expedited case is called petitioners and remonstrators interested in that particular case will please stand. Those who intend to testify will please remain standing and be sworn. Petitioners should be on your left and remonstrators on your right as you face the board. Those who testify will state their name and address for the record before beginning to testify. Petitioners and persons appearing in support of a case being heard shall have a maximum of 15 minutes for the presentation of evidence, statements, and arguments in support of the petition. Remonstrators and persons appearing in opposition to the petition shall have a maximum of 15 minutes for the presentation of evidence statements and arguments in opposition to the petition. Staff will then present the administrators' comments regarding the petition. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal of the petitioner's rebuttal evidence and a brief closing statement. No further evidence, statements or arguments will be heard unless it is at the discretion of the board. Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met for the board to grant a variance. If petitioners have failed to comply with all notice requirements as stipulated by the board's rules of procedure, including posting of the notice signed on the subject property at least 23 days prior to the hearing, the board may continue the petition. Anyone at this hearing who thinks complete and proper notice is not being given and would like the petition continue to a lack of proper notice, must bring this matter to the board's attention at the beginning of the hearing. The board may impose various conditions or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening, the pavement of parking area, and the dedication of right-of-ways are example. These conditions and commitments are an integral part of the board's decision and must be met for granted variance to be valid. Compliance with conditions imposed by the board must be approved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of authorized improvements. Failure to comply with any conditions or commitments of a variance grant is a violation enforceable by the Department of Business and Neighborhood Services. 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 to the board's petition number. Forms are available and may be obtained from the board secretary. Please be advised that contact the members of the board regarding a matter pending before the board outside of this public hearing process is prohibited. All voting today will be done by roll call. I will individually read each board member's name and ask them to vote yes or no. Please be courteous and orderly at all times, and please be sure cell phone ringers are turned off. Before we hear special requests, I will ask for a waiver of our rules of procedure to allow for the board to vote for all expedited petitions and adopt their findings of fact in a single fold rather than voting on each petition separately.
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