Board of Zoning Appeals Division 2 Hearing - July 22, 2021
STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE
Board of Zoning Appeals Division 2 Hearing - July 22, 2021
The Metropolitan Board of Zoning Appeals Division 2 (BZA2) convened electronically on July 22, 2021, at 1:15 PM, chaired by Mark Young. The meeting addressed five continuance requests, two petition withdrawals, and three expedited petitions approved in a single vote. The primary contested item was a variance of use petition for a hemp farm in a residential area, which was denied unanimously.
Special Requests and Continuances
- 2020 DV3049 (7430 East Southport Road): Continued to March 9, 2021, without additional notice (third continuance by petitioner; staff noted no further continuances would be supported).
- 2020 UV2019 (3401 West 10th Street / 970 North Tibbs Avenue): Continued to February 9, 2021, with additional notice at the request of the neighborhood zoning office.
- 2020 DV3050 (5809 Bluff Road): Continued to February 9, 2021, without additional notice to allow further neighborhood negotiations.
- 2020 UV209 (10131 East Thompson Road): Continued to February 9, 2021, without additional notice to obtain documentation.
- 2020 SC2002 (604 West Stop 11 Road): Continued to March 9, 2021, with additional notice due to a newly added variance and to address remonstrator concerns.
- 2020 DV2042 (8554 Springview Drive): Withdrawn by petitioner, acknowledged by the board.
- 2020 UV2005 (5339 West 71st Street): Withdrawn by petitioner, acknowledged by the board.
Expedited Petitions (Consent Calendar)
The board waived its rules to vote on all expedited petitions in a single vote. The following petitions were approved unanimously with agreed commitments:
- 2020 DV2061 (944 Hervey Street): Variance to legally establish a single-family dwelling with reduced setbacks and open space.
- 2020 DV2062 (2207 Lexington Avenue): Variance for a porch reconstruction with a reduced front setback.
- 2020 UV2020 (250 North Girls School Road): Variance of use to provide a rental office for apartments and maintain a freestanding sign, with commitments to remove an existing poll sign.
Public Comments & Testimony (Full Hearing Case 2020 UV2016)
- Petitioner Stan Kloss (6607 Bridge Court) argued for a variance of use to grow hemp commercially on three fields at 7300 Highland Road. He stated the operation was organic, secure, and consistent with the comprehensive plan's rural/estate recommendation. He noted no crime or infrastructure strain and offered to adjust the plan to remove the western field.
- Remonstrators (residents and Pike Township Residents Association) opposed the petition:
- Susan Blair (PTRA president) stated the board voted unanimously to oppose, citing incompatibility with residential zoning, the petitioner not owning the land, and a prior violation. She argued the use would be detrimental to health, safety, and welfare.
- Mike Hoy (7310 Hollingsworth Drive) presented a petition signed by 15 of 21 non-Lowry property owners (71%) in opposition. He described a six-to-eight-week pungent skunk-like odor from blooming hemp that prevented outdoor use, reduced property values, and raised security concerns (citing a nearby shooting incident). He emphasized the area has been residential for 70 years.
- Additional remonstrators (Brian Gornick, Charles Blackett, Terry Blackett) declined to speak but concurred with previous testimony.
Discussion Items
- 2020 UV2016 (7300 Highland Road) – Variance of use for commercial hemp farming (agricultural use) on parcels zoned D1 and D3 (dwelling districts).
- Staff Presentation: Senior Planner Robert Eulenhake recommended denial. The comprehensive plan recommends rural/estate uses but the proposed commercial agriculture is incompatible with the established suburban residential neighborhood. The site could be developed residentially without hardship. The use would increase intensity and be detrimental to adjacent property owners. Staff noted the site includes an illegally converted accessory structure.
- Board Clarification: Corporation Counsel clarified the petitioner must meet five findings of fact. The fifth finding (compatibility with comprehensive plan) might be met, but the other four—including hardship and impact on adjacent properties—remain unmet.
- Petitioner Rebuttal: Kloss reiterated there was no crime or odor issue, questioned the neighbors' rights vs. his property rights, and asked if a partial commitment (removing one field) could be considered. He referenced the comprehensive plan's rural/estate recommendation as supporting his use.
- Remonstrator Rebuttal: Susan Blair noted the petitioner attended only one of three meetings and that hemp farming has high profit potential ($15,000/acre to plant, $280,000/acre return) and attracts crime. Mike Hoy reiterated the 71% opposition and loss of use for 1.5 months.
Key Outcomes
- 2020 UV2016 – Denied unanimously (5-0). Board members Alicia Reuter, Mary Kelly, James Duke, David Duncan, and Mark Young all voted no. The board will adopt negative findings of fact. Petitioner was advised to contact the board secretary for appeal procedures.
- All expedited petitions approved unanimously via single vote.
- All continuances granted as requested.
- New staff introductions: Genesis Hill (associate planner) and Michael Weigel (tech support) were welcomed.
The meeting was adjourned at 2:21 PM.
Meeting Transcript
Okay, well we can get started. Um this is the Board of Zoning Appeals 2 as a public meeting. Um it's January 12th, 2021. A couple of housekeeping items. Um please remain muted unless they are unless you are speaking. This helps produce eliminate feedback and static. If participants are experiencing bandwidth issues, they can turn off the video feature and still participate via via audio. Also for the close other programs and windows disconnect from VPN, etc. This will help with connectivity and ensure faster speeds. The BZA2 hearing of January 12, 2021 will now come to order. This is a public hearing of the Metropolitan Board of Zoning Appeals Division 2. I am Mark Young, Chairperson of Division 2. Executive orders issued by Governor Holcomb and Mayor Hogset regarding COVID-19 guidelines and restriction restrictions enable us to conduct today's meeting electronically. The city of Indianapolis holds public hearings in high regard for public input. We 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 throughout this time. The city heavily encourages the public to email your comments to DMD public comments at indie.gov or the planner assigned to the case 24 hours prior to the meeting to ensure your comments are included in the record. Now and state your name, petition number, and your special request. I will not ask board members to verbally confirm that they can see and hear other participants. David Duncan, present. Thank you and welcome. Uh and I'm Mark Young. I will now 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. Thank you, Mr. Young. I can see and hear. Thank you. Larry Callaway, Principal Planner 2. I can see it here. Eddie Jonia, senior planner serving as presentations manager. Thank you, Chairman. I can see and hear everyone. Robert Eulenhake, senior planner. Thank you, Chairman. I can see and hear everyone as well. Alison Richardson, senior planner. Thank you. I can see and hear everyone. Sorry, I can see and hear. Okay, thank you. Erica Hinshaw, Principal Planner 2, serving as QA manager. Thank you. I can see and hear everyone. Thank you. Michael Wagel as host. Yes. Yes, I can see and hear everybody. Hearing specialist Heather Stefan, can you please confirm that you can see and hear the other participants? I confirm.
openpublica.com