Metropolitan Board of Zoning Appeals Division 2 Meeting - September 14, 2021
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Metropolitan Board of Zoning Appeals Division 2 Public Hearing - September 14, 2021
The Metropolitan Board of Zoning Appeals Division 2 held a public hearing on September 14, 2021, chaired by Mark Young, with members Leisha Reuter, Peter Nelson, Mary Kelly, and James Duke. The board addressed procedural motions, approved a consent docket of expedited variance petitions, and conducted a full hearing on a sign variance for an adult entertainment business. The board unanimously denied the sign variance.
Consent Calendar
- Waiver of Rules of Procedure: The board unanimously voted to allow a single vote on all expedited petitions rather than separate votes.
- Special Requests (Continuances and Waivers):
- 2021 DV2038 (1042 Woodlawn Avenue): Continued to October 12, 2021, without additional notice (unanimous).
- 2021 DV2050 (209 Jefferson Avenue): Granted a three-day waiver for sign posting (unanimous).
- 2021 DV2052 (1460 Bates Street): Granted a three-day waiver for notice mailing and sign posting (unanimous).
- 2021 UV2017 (4917 West Minnesota Street): Continued to October 12, 2021, without additional notice (unanimous).
- 2021 DV2041 (6720 Telecom Drive): Continued to October 12, 2021, without additional notice unless needed (unanimous).
- 2021 UV2016 (804 East Lavero Road): Acknowledged an automatic continuance to October 12, 2021.
- 2021 DV2025 (8008 Fishback Road): Acknowledged the petitioner's withdrawal.
- 2021 DV2053 (6732 East 42nd Street): Continued to October 12, 2021, with new notice required (unanimous).
- 2021 UV2015 (4822 Man Road): Acknowledged an automatic continuance to October 12, 2021.
- Expedited Petitions: The board unanimously approved all 20+ expedited variance petitions (listed as 2021 DV2049, DV2050, DV2051, DV2052, UV2018, and others) in a single vote.
Public Comments & Testimony
Public testimony was limited to the full hearing on Petition 2021 DV2043 (4250 East Southport Road). Remonstrators spoke in opposition to the requested sign variance:
- Mike Speedy (State Representative, office near the site): Opposed the sign, citing proximity to a daycare, churches, a trampoline park (Sky Zone), and residential neighborhoods. He submitted a petition of 2,864 signatures against the sign. He argued the sign would harm the community's front door, property values, and family-oriented character.
- Amy Stens (McFarland Farms Property Owners Association): Opposed the sign, stating the zoning ordinance already prohibits detached signs for adult businesses. She noted the sign would be 525 feet from a daycare and near a church and homes, and that the business should not receive special visibility.
- Matt Roller (Pastor, Indianapolis Baptist Temple): Opposed the sign and the business, emphasizing the need to protect children and citing concerns about human trafficking and addiction.
- Sandra Tilton (White Oak Farms): Opposed the sign, arguing it resembles a children's image and would be a distraction near hotels housing youth groups.
Discussion Items
- Petition 2021 DV2043 – 4250 East Southport Road: The petitioner, Sean Ensign (Legacy Sign Group), requested a variance to allow a freestanding monument sign for an adult entertainment business (Lions Den) in a C4 zone with an integrated center designation. He argued the sign was essential for westbound traffic visibility and that the business only had a small wall sign approved. Staff recommended denial, stating the zoning ordinance permits only a wall sign for adult entertainment businesses in integrated centers, and allowing a monument sign would undermine the purpose of integrated center signage. The board heard petitioner's rebuttal and remonstrators' closing statements.
Key Outcomes
- 2021 DV2043: Denied (5-0 vote: Reuter no, Kelly no, Nelson no, Duke no, Young no). The board found the request inconsistent with use-specific standards for adult entertainment businesses.
- Adoption of Findings of Fact: The board adopted revised findings of fact for prior cases:
- 2021 DV2034 (Parts A and B, heard July 13, 2021): Part A signed by all members; Part B signed by members Duke, Nelson, and Young.
- 2021 SE201 (heard August 10, 2021): Unanimous denial findings adopted.
- Next Steps: The denied petition (DV2043) will continue for adoption of formal findings of fact.
Meeting Transcript
Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2. I am Mark Young, Chairperson of Division 2. The other board members present are Leisha Reuter, Peter Nelson, Mary Kelly, and James Duke. Legal counsel for the board today is Chris Stein mitz. Staff members present today from the division of planning or Matt Pleasant, Planning Administrator, Jeffrey York, Senior Planner, Robert Ulden Hake, Senior Planner, Genesis Hill, Associate Planner, and Heather Stefan, Senior Specialist and Secretary to the Board. The board has copies of the zoning ordinances that will be incorporated by reference into the record of each case heard today. The proceedings of this hearing are governed by the board's rules of procedure. 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. The petitioner will then be allowed five minutes for rebuttal and a submission of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will then be allowed five minutes for rebuttal or 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 of the matters covered in the statutory requirements, which must be met in order for the board to grant a variance. If the 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 been given and would like the petition continued due 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 paving of parking area, and the dedication of rights of way are examples. These conditions and commitments are an integral part of the board's decision and must be met for a granted variance to be valid. Compliance with conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified an approvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any condition or commitment 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 just 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, the 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 contacting members of the board regarding the 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 the board to vote on all expedited petitions and adopt their findings of fact in a single vote rather than voting on each petition separately. Is there a motion? Kelly, so move. Second. Reuters second. Thank you. I asked for a vote. Ruther. Reuter, yes. Kelly. Kelly, yes. Duke. Duke, yes. Nelson.
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