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Record of Proceedings

Metropolitan Board of Zoning Appeals Division Two Meeting - October 12, 2021

Board of Zoning Appeals II — Tuesday, October 12, 2021
BodyIndianapolis, Indiana
SessionBoard of Zoning Appeals II
DateTuesday, October 12, 2021
StatusFILED
Video Record
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Transcript — Verbatim
1:57

We ready yet.

2:09

Call to order.

2:11

This is a public meeting of the Metropolitan Board of Zoning Appeals, Division Two.

2:15

I am Mark Young, Chairperson of Division Two.

2:17

The other board members present are Alicia Ruder, Peter Nelson, Mary Kelly, and James Duke.

2:22

Legal Counsel for the Board today is Chris Steinmetz.

2:26

Staff members present today for the from the division of planning are Matt Pleasant, current planning administrator, Robert Eulenhake, senior planner, Eddie O'Neill, Senior Planner, Marlena Aretta, Senior Planner, Genesis Hill Associate Planner, and Heather Stefan, Senior Specialist and Secretary to the Board.

2:43

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

3:05

Those who intend to testify would please remain standing and be sworn.

3:08

Petitioners should be on the left and remonstrators on the right as you face the board.

3:12

Those who testify will state their name and address for the record before beginning to testify.

3:17

Petitioners and persons appearing in support of the case being heard shall have a maximum of 15 minutes for the presentation of evidence, statements and arguments in support of the petition.

3:25

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.

3:34

Staff will then present the administrators' comments regarding the petition.

3:58

Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance.

4:46

Compliance with conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within thirty days of completion.

4:54

Unless otherwise specified an leave an improvement location permit must be obtained prior to the establishment of the authorized improvements.

5:02

Failure to comply with any conditions or commitments of a various grant is a violation enforceable by the Department of Business and Neighborhood Services.

5:09

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.

5:16

The written request must be filed within five days of the board's decision and must include a person's full name and correct mailing address and a reference to the board's petition number.

5:24

Forms are available and may be obtained from the board secretary.

5:28

Please be advised that contacting members of the board regarding the matter pending before the board outside of this public hearing process is prohibited.

5:35

All voting today will be done by roll call.

5:38

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

5:41

Please be curtly courteous and orderly at all times, and please be sure all cell phone ringers are turned off.

5:47

Before we hear special requests, I will ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact in a single vote rather than voting on each petition separately.

5:58

Can I have a motion, please?

6:00

So move.

6:02

Second.

6:04

Roter?

6:04

Rider, yes.

6:05

Kelly.

6:06

Kelly, yes.

6:07

Duke.

6:08

Duke, yes.

6:08

Nelson.

6:09

Nelson, yes.

6:10

And young votes, yes.

6:13

Special requests.

6:14

Is there anyone in the audience that has any questions about our procedures?

6:21

If not, we will consider special requests and continuances at this time.

6:28

Good afternoon, Mr.

6:29

Chairperson, members of the board.

6:30

My name is Jeff Bellamy.

6:31

I'm an attorney with offices at 151 North Delaware Street Indianapolis, Indiana.

6:35

Here on behalf of the petitioner on 2021 DV2057 10 South Capital Avenue Center Township.

6:43

Um this was a petition uh packet that was filed.

6:46

Uh the filing was not complete.

6:48

The filing fee has not been completely paid, and we have not uh submitted notices.

6:53

So uh we received informal discussion with the staff and are having uh discussions with my client on um how to proceed with this petition if proceeded at all.

7:02

So at a minimum, it's not ready to be heard by the board today.

7:06

Uh asked that it uh either be redocated at a later date or minimally continued to a later date and that continuance or extension be with notice because we have not uh submitted notice thank you.

7:18

There are a time frame you're looking for month, two months, or I would say minimally minimally a month.

7:24

Okay.

7:26

Is there anyone in the audience that has any interest in 2021 DV2057 10 South Capitol Avenue?

7:34

Stafford Thank you, Chair Person Young.

7:37

Um, staff would recommend uh continuing this to the 119 uh BZA2 meeting with notice.

7:47

Thank you.

7:50

Uh we've requested to continue 2021 D V two Zero Five Seven 10 South Central Capitol to the November 9th, 2021 hearing date, and that's with notice.

8:01

Duke so moved to a second.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████37%
Sign Regulation████████████████████████████████32%
Procedural████████████████16%
Land Use Regulation██████████10%
Traffic Safety█████5%
Summary of Proceedings

Metropolitan Board of Zoning Appeals Division Two Meeting - October 12, 2021

Chairperson Mark Young presided over the meeting of the Metropolitan Board of Zoning Appeals, Division Two, on October 12, 2021, at 6:00 PM. The board considered multiple continuances, transfers, and variance petitions. Votes were taken on expedited cases and three full hearing cases. The meeting included public testimony from remonstrators and staff recommendations.

Consent Calendar

  • Waiver of Rules for Expedited Petitions: Approved unanimously (5-0) to allow a single vote on expedited petitions.
  • Expedited Petitions: The following petitions were approved in a single vote (5-0):
    • 2021 DV2041 (6720 Telecom Drive) – variance for trash enclosure and transparency.
    • 2021 DV2054 (1218 North Keystone Avenue) – variance for front and rear setbacks.
    • 2021 DV3046 (1202 South Meridian Street) – variance for parking spaces and curb cuts.
    • 2021 EV2017 (4917 West Minnesota Street) – variance for triplex (moved to expedited at hearing).

Public Comments & Testimony

  • 2021 UV2015 (4822 Man Road): Terry Sylvester, representing the Decatur Township Civic Council, opposed the billboard relocation, citing eight variances from 16 standards, safety concerns, and the community's interest in upholding the 2016 sign ordinance. Sarah Schwemeyer read a letter from City-County Councillor Jared Evans formally opposing the petition, stating the variances would undermine the ordinance and community interests.
  • 2021 DV2053 (6732 East 42nd Street): No public comments from remonstrators; only the petitioner testified.
  • 2021 DV2055 (2958 Washington Boulevard): No public comments from remonstrators; only the petitioner testified.

Discussion Items

  • 2021 DV2053 (6732 East 42nd Street) – Shed and Fence Variance: Petitioner Brandon Hatcher requested a variance to keep a 338-square-foot shed in the front yard and a six-foot fence (later reduced to 42 inches). Staff recommended denial, citing the ability to relocate or reduce the structure. The board discussed the lot's corner configuration and the fence's location in the clear site triangle. The petitioner noted neighborhood support and security needs. The variance was approved 3-2 (Nelson, Duke, Young in favor; Reuter, Kelly opposed). Findings of fact to be adopted later.
  • 2021 UV2015 (4822 Man Road) – Billboard Relocation Variance: Petitioner John Campbell (Reagan Outdoor Advertising) sought eight variances to relocate an existing billboard 20 feet due to INDOT right-of-way expansion. The billboard had been on site for 37 years. Staff recommended approval, noting the government-imposed practical difficulty and potential takings liability. Remonstrators argued the variances were excessive and violated the 2016 sign ordinance. The board discussed the historical context and changes in the area. The variance was approved 4-1 (Kelly, Nelson, Duke, Young in favor; Reuter opposed).
  • 2021 DV2055 (2958 Washington Boulevard) – Detached Garage Variance: Petitioner Nathaniel Weyman requested a variance for a 24x20-foot detached garage with zero-foot side setbacks and 35% open space. Staff recommended denial, citing the lot's deficiency and the possibility of a smaller structure. The petitioner noted the lot's unusual shape and the need for secure parking. The board questioned the neighbor's garage placement. The variance was approved 5-0.

Key Outcomes

  • Continances and Transfers:
    • 2021 DV2057 (10 South Capitol Ave) – Continued to November 9, 2021, with notice (unanimous).
    • 2021 DV2056 (649 Birch Ave) – Transferred to BZA Division 1 on November 2, 2021 (unanimous).
    • 2021 DV2038 (1042 Woodlawn Ave) – Continued to December 14, 2021, without additional notice; final continuance supported by staff (unanimous).
    • 2021 UV2016 (804 East Laverack Rd) – Continued and transferred to BZA Division 3 on November 16, 2021, without notice (unanimous).
    • 2021 UV2019 (5060 East 62nd St) – Continued to November 9, 2021, without notice (unanimous).
  • Votes on Full Hearing Cases:
    • 2021 DV2053: Approved (3-2), findings deferred.
    • 2021 UV2015: Approved (4-1).
    • 2021 DV2055: Approved (5-0).
  • Adoption of Findings: The board adopted findings for petition 2021 DV2043 (previously denied) and other findings from the hearing.

Meeting Transcript

We ready yet. Call to order. This is a public meeting of the Metropolitan Board of Zoning Appeals, Division Two. I am Mark Young, Chairperson of Division Two. The other board members present are Alicia Ruder, Peter Nelson, Mary Kelly, and James Duke. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today for the from the division of planning are Matt Pleasant, current planning administrator, Robert Eulenhake, senior planner, Eddie O'Neill, Senior Planner, Marlena Aretta, 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. Those who intend to testify would please remain standing and be sworn. Petitioners should be on the left and remonstrators on the 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 the 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. Please limit your testimony and evidence to the matters covered in the statutory requirements, which must be met in order for the board to grant a variance. Compliance with conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within thirty days of completion. Unless otherwise specified an leave an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any conditions or commitments of a various 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 a 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 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 curtly courteous and orderly at all times, and please be sure all 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 for all expedited petitions and adopt their findings of fact in a single vote rather than voting on each petition separately. Can I have a motion, please? So move. Second. Roter? Rider, yes. Kelly. Kelly, yes. Duke. Duke, yes. Nelson. Nelson, yes. And young votes, yes. Special requests. Is there anyone in the audience that has any questions about our procedures? If not, we will consider special requests and continuances at this time. Good afternoon, Mr. Chairperson, members of the board. My name is Jeff Bellamy. I'm an attorney with offices at 151 North Delaware Street Indianapolis, Indiana. Here on behalf of the petitioner on 2021 DV2057 10 South Capital Avenue Center Township. Um this was a petition uh packet that was filed. Uh the filing was not complete. The filing fee has not been completely paid, and we have not uh submitted notices. So uh we received informal discussion with the staff and are having uh discussions with my client on um how to proceed with this petition if proceeded at all.

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