Metropolitan Board of Zoning Appeals Division 2 Public Hearing – September 13, 2022
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Metropolitan Board of Zoning Appeals Division 2 Public Hearing – September 13, 2022
The Metropolitan Board of Zoning Appeals Division 2 held a public hearing on September 13, 2022, beginning at approximately 2:00 PM and continuing until after 5:30 PM. The board, chaired by Acting Chairperson Patrice Ducket Brown, included members Beth Brandon, Kirk Farmer, Bart Brown, and David Duncan. The hearing addressed over 20 petitions for variances of use and development standards, including expedited approvals, continuances, and contested cases. Key decisions included approval of a front-yard garage variance on Wheeler Street, denial of a digital billboard on 82nd Street, and a split vote on a front-yard solar array that was continued to a future hearing.
Consent Calendar
- Expedited Petitions (8 approved as a group): 2022 DV1038, 2022 DV1039, 2022 DV1043, 2022 UV1010, 2022 UV1032, 2022 DV3025, 2022 UV1031, and 2022 DV2029. All were approved unanimously after a motion to waive individual testimony.
- Continuances and Withdrawals:
- 2022 DV23 (1922 Union Street) – continued to October 11, 2022 with new notice.
- 2022 UV2016 (2505 North Sherman Drive) – withdrawn.
- 2022 DB2035 (8551 Crown Point Road) – continued to October 11, 2022.
- 2022 DB1043 (5243 East Edgewood Avenue) – remonstrator present; petitioner and remonstrator went out to negotiate (outcome not recorded).
- 2022 DV2031 – continued to October 11, 2022.
- 2022 UV2017 (3912 Glen Arm Road) – transferred to Division 3 on September 20, 2022.
- 2022 DV2032 (8335 Keystone Crossing) – transferred to Division 3 on September 20, 2022.
- Four Reagan Outdoor Advertising petitions (2022 UV2009, UV2010, UV2011, UV2012) – continued to December 13, 2022 due to late hour and quorum concerns.
Public Comments & Testimony
- Digital Billboards (2022 UV1012): Multiple remonstrators, including representatives from Historic Urban Neighborhoods of Indianapolis, City-County Councilors Zach Adamson and Dan Boots, and residents Jessica Ware and others, opposed the digital billboard, citing safety concerns, visual pollution, property value impacts, and the city's 2019 sign ordinance ban. They argued that granting the variance would set a dangerous precedent and undermine extensive community-led zoning efforts.
- Solar Array (2022 UV2019): Neighbors Carol Lynn Myers, January Cattells, and others testified against the front-yard solar array, describing it as an eyesore, a safety hazard (blocking sightlines), and a detriment to property values. They noted the homeowners had not consulted them beforehand and had a history of yard neglect. The homeowners and their installers (GRNE Solar) argued that the array was the only viable location due to shade, that permits were issued and then revoked after installation, and that they planned landscaping to screen it.
- Wheeler Street Duplex (2022 DV1034): Petitioner Sheila and James Wright argued for front garage access, citing poor alley condition and safety. Remonstrator Vernon Compton (Brightwood Concerned Citizens) opposed, stating the alley is viable and that the proposal would block sidewalks. He also noted the councilor for District 17 disapproved.
- Gale Street Deck (2022 DV1041): Remonstrator Vernon Compton questioned the dimensions and safety of the deck, and noted prior stop-work orders. Petitioner Josh Mullins (N10) explained the deck was rebuilt to existing dimensions and that permits were amended.
Discussion Items
- 2022 DV1025 (16 West Morris Street / 1150 South Meridian Street): Petitioner David Kingan requested variances to redevelop a liquor store site into a new commercial building. After discussion, the petitioner agreed to add a commitment excluding vape shops. Staff recommended approval subject to site plan approval. The board approved 5-0.
- 2022 DV1034 (2727 Wheeler Street): Petitioners sought a variance to allow front garage access instead of alley access for a new duplex/townhouse. Staff recommended denial, citing the ordinance requiring alley access and the infill housing guidelines. The board voted 3-2 to approve, with members Duncan, Ducket Brown, and Brown in favor, and Brandon and Farmer opposed.
- 2022 DV1041 (2633 North Gale Street): Petitioner requested a variance for a 1.9-foot setback for a deck. Staff recommended approval as the deck was existing. The board approved 5-0.
- 2022 UV1012 (5531 East 82nd Street): Reagan Outdoor Advertising sought variances for a digital billboard (height, size, separation, display time). The petitioner withdrew the request for 8-second display, committing to 10 seconds. Staff recommended denial, citing the 2019 sign ordinance, safety concerns, and lack of practical difficulty. The board voted 0-4 to deny.
- 2022 DV2023 (1509 Prospect Street): Petitioner Donald Packwood (APWU) requested a variance for a digital component on an existing pole sign. Staff recommended denial, noting the sign code prohibits digital displays on pole signs. The board voted 1-3 to deny.
- 2022 UV2019 (4305 Glen Cairn Lane): Petitioners Amanda and Brian Shepherd requested a variance for a front-yard solar array, arguing that the city issued permits and then revoked them after installation. Staff recommended denial, stating that the ordinance requires solar arrays in side/rear yards and that rooftop options exist. The board voted 2-2 (Duncan and Brown yes; Brandon and Ducket Brown no), resulting in an automatic continuance to October 11, 2022.
- 2022 DV2034 (5210 Broadway Street): Petitioner Steve Horman requested a variance for a taller detached garage with a carriage house. Staff recommended approval, citing consistency with neighborhood plans. The board approved 3-0.
Key Outcomes
- 2022 DV1025 – Approved 5-0, subject to commitment excluding vape shop.
- 2022 DV1034 – Approved 3-2 (Duncan, Ducket Brown, Brown yes; Brandon, Farmer no).
- 2022 DV1041 – Approved 5-0.
- 2022 UV1012 – Denied 0-4 (Duncan, Brandon, Ducket Brown, Farmer no; Brown recused).
- 2022 DV2023 – Denied 1-3 (Brown yes; Duncan, Brandon, Ducket Brown no).
- 2022 UV2019 – Vote 2-2, continued to October 11, 2022.
- 2022 DV2034 – Approved 3-0.
- Expedited Petitions (8) – Approved as a group.
- Continuances/Transfers: Multiple cases continued or transferred to future dates (see Consent Calendar).
- Reagan Outdoor Advertising cases – Continued to December 13, 2022.
Meeting Transcript
Good afternoon. This is the public hearing for Metropolitan Board of Zoning Appeals, Division 2. I am Patrice Ducket Brown, Acting Chairperson of Division 2. The other board members presented are Beth Brandon, Kirk Farmer, Bart Brown, and David Duncan. Legal Counsel of the Board today is Chris Zett Stein Steinmitz. Sorry, Chris. Staff members present today for the division of planning are Eddie O'Neilla, Principal Planner 2, Robert Yuling Heike, Senior Planner, Marlene, Ira Heda, Senior Planner, Alison Richardson, Senior Planner, Genesis Hill, Associate Planner, Heather Stefan, Senior Specialist and Secretary to the Board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinances that will be incorporated by reference into the record and of case of each case here today. The proceedings of this hearing are converted governed by the board's rules and procedures. The expedited cases will be heard immediately after all requests for continuances are withdrawal or withdrawals. As each non-expedited case is called, petitioners and remonstrators interested in the particular case will please stand. Those who intend to testify will remain standing and be sworn. Petitioners should be on your left, demonstrators 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 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. The petition will then be allowed five minutes for rebuttal and a summation of the case. Rebuttal must be limited to the subject matter of the initial presentations. Remonstrators will be then allowed five minutes for rebuttal of 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 to the matters covered in the statutory requirements, which must be met in order for the board to grant variance. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petition continued due to 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 comment or commitments as amendments before reaching a decision on certain petitions. The installation of landscaping and screening, the paving of a parking area, and the dedication of right-of-ways are examples. Those conditions and commitments are an integral part of the board's decisions and must be met for a granted variance to be valid. Compliance with conditions imposed by the board must be approved by the affidative of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specified, 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 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 the of a petition for judicial review of the 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 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 the contacting members of the board regarding matter pending before the board outside of this public hearing process is prohibited. Please be courteous and orderly at all times, and please be sure all cell phone ringers are turned off. Is there anyone in the audience who has any questions about our procedures? All right. Before we hear special requests, I will ask for a waiver for our rules or procedure to allow the board to vote on all expedited position petitions and adopt their findings effect without any additional testimony for the individual petitioners. Brandon, so moved. All right, we have a motion by Brandon. Farmer second. Farmer second. I will ask for a vote. Brandon. Brandon, aye. Farmer. Farmer, yes. Brown. Brown, yes. Duncan.
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