Metropolitan Board of Zoning Appeals Division Two Meeting - July 13, 2021

The Metropolitan Board of Zoning Appeals, Division Two, convened on July 13, 2021, at 6:00 PM under the chairmanship of Mark Young. Board members present included Alicia Reuter, Peter Nelson, Mary Kelly, and James Duke (who arrived later). Staff from the Division of Planning presented on several variance petitions. The meeting covered routine procedural approvals, continuances, and deliberation on three contested variance requests.

Consent Calendar

• The board voted unanimously to waive rules of procedure to allow a single vote on all expedited petitions and adopt their findings of fact collectively.
• Several petitions were continued without debate:
  • 2020 DB 3049 (7430 East Southport Road): Continued to August 10, 2021, with notice if needed, after multiple prior continuances. Staff requested this be the last continuance.
  • 2021 DV 2036 (644 North Tacoma Avenue): Transferred to the August 3, 2021, hearing of Division 1 (without additional notice).
  • 2021 UV 2014 (5053 East Michigan Street): Continued to August 10, 2021, with notice due to a docketing error.
  • 2021 SE 2001 (1018 and 1030 Lowry Lane): Acknowledged automatic continuance to August 10, 2021.
  • 2021 DV 2025 (8008 Fishback Road): Continued to August 10, 2021, without additional notice.
  • 2021 DV 2029 (1445 West 86th Street) was initially moved to the expedited docket but pulled after an objector appeared.
• Expedited petitions (excluding 2021 DV 2029) were approved unanimously by roll call. These included variances for garages, open space, and setbacks at addresses including 4002 South Delaware Street, 1623 Hoyt Avenue, 1409 Charles Street, 1525 West 26th Street, 10621 East Edgewood Avenue, and 1841 South East Street.

Public Comments & Testimony

• Ron Wallace (806th Street, Taunton Road, Greenbrier subdivision) spoke on the 2021 DV 2029 petition (1445 West 86th Street). He initially objected to a sign but expressed willingness to accept the proposed 10-foot monument sign and two menu boards, though he remained concerned about visual impact from the road. He stated he was not aware of the neighborhood organization approval.

Discussion Items

2021 DV 2029 (1445 West 86th Street) – McDonald's Sign Variance

• Petitioner Sean Smith (6001 Nymph's Parkway, South Bend) requested variances for a 10-foot monument sign (third freestanding sign on 86th Street, within 85 feet of an existing sign) and two menu boards per drive-through lane (one permitted). The petition was amended from a taller pylon sign to a monument design after neighborhood organization input. The neighborhood organization (Nora Northside Community Council) filed a no-objection letter with a condition to protect city-owned trees.
• Staff recommended approval, noting the reduced height and size were acceptable.
• The board voted unanimously to approve the variance, including the condition regarding trees.

2021 DV 2030 (8252 Kelly Lane) – Crew Car Wash Digital Sign Variance

• Petitioner Joe Calderon (11 South Meridian, Indianapolis) represented DOM Number 5, doing business as Crew Car Wash. The request was for a 54.10-square-foot digital sign on an existing pole sign; digital signs are not permitted on pole signs per the 2019 sign code. Calderon argued the existing pole sign is legal and set back from Allisonville Road; the digital sign would replace three panels totaling 80.77 square feet, reducing signage by about 30%. The location is in C4 zoning near Castleton Square with no nearby residences. Commitments included no blinking or flashing, adjusted brightness, off between 10 PM and 6 AM, and limited messaging during rush hours.
• Staff recommended denial, citing the 2019 sign code revisions that explicitly prohibit conversion of pole signs to digital displays to reduce proliferation and improve aesthetics. Staff noted the digital display would be permitted if the sign were converted to a monument or pylon sign, and that no practical difficulty existed.
• The board voted 5-0 to approve the variance, with all members voting yes.

2021 DV 2034 (2038 Yandy Street) – Duplex Variance

• Petitioner Mark Dimmerley (Demerley Architects, 6500 Westfield Boulevard) sought variances for a two-family dwelling (duplex) in D8 zoning: a 10.5-foot front setback (18 feet or average required), 50% open space (55% required), and two-foot side setbacks for a detached four-car garage (four feet required). The site is a 40-foot-wide lot. Dimmerley cited two prior approvals in the King Park area (2056 Park Avenue and 1630/1634 North Carrollton) as precedent. He requested the case be split into two votes: Part A (front setback and open space) and Part B (side setbacks).
• Staff recommended denial of the two-foot side setbacks due to concerns about fire separation and overdevelopment; they noted the garage could be reduced to a two- or three-car size. Staff did not oppose the front setback or open space variances.
• The board voted separately:
  • Part A (10.5-foot front setback and 50% open space): Approved 5-0.
  • Part B (two-foot side setbacks): Approved 3-2 (Reuter and Kelly voted no; Duke, Nelson, and Young voted yes).
• Findings of fact were deferred to the August 10, 2021, meeting for adoption, as the submittal was deficient.

Key Outcomes

• Expedited petitions (excluding 2021 DV 2029): Approved unanimously.
• 2021 DV 2029 (1445 West 86th Street): Approved unanimously with a condition to protect city-owned trees.
• 2021 DV 2030 (8252 Kelly Lane): Approved 5-0 for a digital sign conversion on an existing pole sign, against staff recommendation.
• 2021 DV 2034 (2038 Yandy Street): Part A (front setback and open space) approved 5-0; Part B (side setbacks) approved 3-2. Findings of fact to be presented for adoption at the August 10, 2021, meeting.
• Various continuances were granted as noted in the Consent Calendar.
• The meeting adjourned after the final case.