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Record of Proceedings

Metropolitan Board of Zoning Appeals Division 2 Meeting - July 29, 2021

Board of Zoning Appeals II — Thursday, July 29, 2021
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals II
DateThursday, July 29, 2021
StatusFILED
Video Record
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Transcript — Verbatim
0:03

Okay, well we can get started.

0:06

Um this is the Board of Zoning Appeals 2 as a public meeting.

0:10

Um it's January 12th, 2021.

0:13

A couple of housekeeping items.

0:14

Um please remain muted unless they are unless you are speaking.

0:18

This helps reduce and eliminate feedback and static.

0:21

If participants are experiencing bandwidth issues, they can turn off the video feature and still participate via via audio.

0:29

Also self for the close other programs and windows disconnect from VPN, etc.

0:33

This will help with connectivity and ensure faster speeds.

0:37

The BZA2 hearing of January 12, 2021 will now come to order.

0:41

This is a public hearing of the Metropolitan Board of Zoning Appeals Division 2.

0:45

I am Mark Young, Chairperson of Division 2.

0:47

Executive orders issued by Governor Holcomb and Mayor Hogset regarding COVID 19 guidelines and restrictions.

0:54

Restrictions enable us to conduct today's meeting electronically.

1:02

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.

1:14

We ask that you remain patient throughout this time.

1:16

The city heavily encourages the public to email your comments to DMD public comments at Indy.gov or the planner assigned to the case 24 hours prior to the meeting to ensure your comments are included in the record.

1:34

Now and state your name, petition number, and your special request.

1:57

James Duke.

1:58

James Duke, present.

2:03

David Duncan, present.

2:06

Thank you and welcome.

2:07

Uh and I'm Mark Young.

2:08

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.

2:15

Please acknowledge that you are present when you are called upon.

2:22

Thank you, Mr.

2:23

Young.

2:23

I can see and hear.

2:24

Thank you.

2:25

Larry Callaway, Principal Planner 2.

2:30

I can see and hear.

2:36

Thank you, Chairman.

2:37

I can see and hear everyone.

2:38

Robert Ulan Hake, Senior Planner.

2:42

Thank you, Chairman.

2:43

I can see and hear everyone as well.

2:56

Thank you.

2:56

I can see and hear everyone.

3:13

No Genesis Hill.

3:15

Sorry, I can see and hear.

3:17

Okay, thank you.

3:19

Erica Hinshaw, Principal Planner 2, serving as QA manager.

3:24

Thank you.

3:24

I can see and hear everyone.

3:26

Thank you.

3:27

Michael Wegel as host.

3:30

Yes.

3:30

Yes, I can see and hear everybody.

3:33

Hearing specialist Hertha Stefan, can you please confirm that you can see and hear the other participants?

3:40

I confirm.

3:41

Thank you.

3:42

The board has copies of the zoning ordinances that will be incorporated by reference into the record for each case heard today.

3:49

Rebuttal must be limited to the subject matter of the initial presentations.

3:52

No further evidence, statements or arguments will be heard unless it is at the discretion of the board.

3:57

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.

4:03

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.

4:13

Form to available may be attained from the board secretary.

4:16

All voting today will be done by roll call.

4:18

I will individually read each board member's name and ask them to vote yes or no.

4:22

Board members, please respond with your last name plus your vote.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████59%
Procedural███████████████████25%
Cannabis Regulation█████7%
Community Engagement████5%
Public Safety█1%
Agriculture█1%
Neighbor Relations█1%
Personnel Matters█1%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division 2 Meeting - July 29, 2021

Note: The transcript indicates the meeting was held on January 12, 2021, but the provided date for this summary is July 29, 2021. The following summary is based on the transcript content.

The meeting of the Board of Zoning Appeals Division 2 was called to order by Chairperson Mark Young. The meeting was conducted electronically due to COVID-19. Several special requests for continuances and expedited agenda items were addressed, and one full hearing was conducted on a variance of use petition for a hemp farm. The board denied the variance.

Consent Calendar / Special Requests

  • Continuances granted: Several petitions were continued to future dates: 2020 DV3049 (7430 East Southport Road) to March 9, 2021; 2020 UV2019 (3401 West 10th Street and 970 North Tibbs Avenue) to February 9, 2021; 2020 DV3050 (5809 Bluff Road) to February 9, 2021; 2020 UV2009 (10131 East Thompson Road) to February 9, 2021; 2020 SC2002 (604 West Stop 11 Road) to March 9, 2021 with additional notice. All continuances were approved unanimously.
  • Expedited petitions moved: Two petitions were moved to the expedited agenda: 2020 UV2020 (250 North Girls School Road) and 2020 DV2060 (1531 Span Avenue) after petitioners agreed to staff conditions. These were approved as part of the expedited block.
  • Withdrawals acknowledged: Petitions 2020 UV2-005 (339 West 71st Street) and a petition for 8554 Springview Drive were withdrawn by request.

Public Comments & Testimony

  • Call-in participants identified: Several call-in users were identified, including Daniel Rushello (petitioner attorney for 2020 SE2002), Robin Davis (homeowner in opposition), Karen Farmer (listening), and Trina Bond (opposition to 2020 SE2002).
  • On the full hearing case (2020 UV2016): Remonstrators Susan Blair (Pike Township Residents Association), Mike Hoy (adjacent property owner), and others spoke in opposition. Blair stated the PTRA board voted unanimously to oppose, citing incompatibility with residential area and failure to meet findings of fact. Hoy presented a petition signed by 15 of 21 available property owners (71%) on Hollingsworth Drive opposing the variance, citing overwhelming skunk-like smell lasting 6-8 weeks, loss of use of property, security concerns, and decreased property values. Other remonstrators (Charles Blackett, Terry Blackett, Brian Gornick) opposed but did not add further testimony.

Discussion Items

  • Full hearing: 2020 UV2016 – 7300 Highland Road (Pike Township): Petitioner Stan Kloss requested a variance of use to operate a commercial hemp farm on property zoned D1 and D3 (dwelling districts). Kloss argued the use is consistent with the comprehensive plan's rural/estate neighborhood typology, poses no additional crime or infrastructure burden, and is organic. He offered to remove one field as a compromise. Staff recommended denial, stating the proposed use is incompatible with the established suburban residential neighborhood, no practical difficulty exists, and the site can be developed residentially as zoned. The board discussed the findings of fact; Chairperson Young noted the petitioner had possibly met the fifth finding (interference with comprehensive plan) but had not met the others regarding adverse effect on adjacent properties, practical difficulty, or unnecessary hardship.

Key Outcomes

  • Vote on 2020 UV2016: The board voted unanimously (0 yes, 5 no) to deny the variance. Members present: Alicia Reuter (no), Mary Kelly (no), James Duke (no), David Duncan (no), Mark Young (no). Negative findings of fact will be adopted in support of the decision.
  • Expedited petitions approved: All four expedited petitions (2020 GV2061, 2020 DV2062, 2020 UV2020, 2020 DV2060) were approved in a single vote on condition of commitments.
  • Staff introductions: New staff members Genesis Hill (associate planner) and Michael Weigel (tech support) were welcomed.

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 reduce and eliminate feedback and static. If participants are experiencing bandwidth issues, they can turn off the video feature and still participate via via audio. Also self 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 restrictions. Restrictions enable us to conduct today's meeting electronically. 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 Indy.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. James Duke. James Duke, present. 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 and hear. Thank you, Chairman. I can see and hear everyone. Robert Ulan Hake, Senior Planner. Thank you, Chairman. I can see and hear everyone as well. Thank you. I can see and hear everyone. No Genesis Hill. 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 Wegel as host. Yes. Yes, I can see and hear everybody. Hearing specialist Hertha Stefan, can you please confirm that you can see and hear the other participants? I confirm.

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