Metropolitan Board of Zoning Appeals Division Two Meeting - October 11, 2022
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Metropolitan Board of Zoning Appeals Division Two Meeting
On October 11, 2022, the Metropolitan Board of Zoning Appeals Division Two held a public hearing to consider multiple variance petitions. The board consisted of three members: Vice Chair James Duke, Patrice Ducket Brown, and Beth Brandon. Due to the limited membership, unanimous votes were required for action. The meeting included expedited cases, continuances, withdrawals, and contested petitions.
Consent Calendar
- Four expedited petitions (2022 DV 2037, 2022 DV 2038, 2022 UV 2022, 2022 UV 2023) were approved unanimously by three yes votes each. These included variances for a building addition, fencing, a triplex, and a single-family dwelling.
Public Comments & Testimony
- 2022 UV 1034 (Lafayette Road community center): Supporters from the West Side Neighborhood Association and nearby residents spoke in favor, citing commitments for tree planting and limited use. No remonstrators appeared.
- 2022 DV 2031 (Regent Street three-story house): The petitioner, Walter Rosinos, presented his case. No remonstrators were present.
- 2022 DV 2033 (Union Street setback): The petitioner, Indianapolis Neighborhood Housing Partnership (INHP), explained the survey error. No remonstrators appeared. A letter of support from the Old South Side Neighborhood Association was submitted.
- 2022 DV 2035 (Crown Point Road addition): The petitioner and a neighbor spoke in support. No remonstrators.
- 2022 UV 2013 (digital billboard): Petitioner Regan Outdoor Advertising argued for the conversion. Remonstrators representing the Decatur Township Civic Council, Councilor Zach Adamson, and several neighborhood groups spoke in opposition, citing safety concerns and the city's ban on digital billboards.
- 2022 UV 2020 (transitional living quarters): Supporters, including Holly Brook Lester and Jared Loper, argued for the need for sober living facilities. Remonstrators included Councilor Zach Adamson and neighbors Janine Lowe and Julie Smith, who raised concerns about density, lack of transparency, and the for-profit model.
- 2022 UV 2024 (commercial vehicle storage): Petitioner David Kingan presented the case for a small landscaping business. No remonstrators appeared, but staff opposed.
Discussion Items
- 2022 UV 1034 – 1718 Lafayette Road: The petitioner sought a variance of use to operate a community and event center in a D5 zone. Staff recommended denial, arguing that rezoning to C4 was more appropriate. The board approved with three yes votes, subject to commitments including tree planting, limiting use to the current owner, and a right of first refusal for the neighborhood.
- 2022 DV 2031 – 61 East Regent Street: Request for a variance to allow a three-story house (exceeding the 2.5-story limit) and a deficient lot size. Staff recommended approval for the lot size but denial for the three stories. The board approved the entire petition with three yes votes, overriding staff's recommendation.
- 2022 DV 2033 – 1922 Union Street: Variance for a reduced south side setback (1.5 feet instead of 5 feet) due to a staking error. Staff opposed, citing overdevelopment and fire separation concerns. The board approved with three yes votes, noting the installation of a one-hour firewall and commitments to work with BNS.
- 2022 DV 2035 – 8551 Crown Point Road: Variance for a garage addition with reduced side setback (11 inches and 1 foot 11 inches) and open space of 82% (vs. 85% required). Staff recommended denial, but the board approved unanimously, finding no adverse impact.
- 2022 UV 2013 – 6111 West Hannon Avenue: Petition for a digital billboard conversion with height increase and reduced separation distances. Staff and multiple remonstrators opposed, citing safety and the city's ban. The board voted unanimously to deny (3 no votes), continuing for adoption of findings of fact.
- 2022 UV 2020 – 805 North Hamilton Avenue: Variance to operate a transitional living quarters for up to 19 women. Staff and neighbors opposed, citing overintensity, lack of hardship, and the for-profit model. The board denied unanimously (3 no votes), continuing for findings of fact.
- 2022 UV 2024 – 3916 East Minnesota Street: Variance to store commercial vehicles and equipment for a landscaping business. Staff opposed, citing commercial use in a residential zone. The board vote was split (Brandon yes, Duke yes, Ducket Brown no), resulting in an indecisive vote. The petition was automatically continued to November 15, 2022.
Key Outcomes
- Approved petitions: 2022 UV 1034, 2022 DV 2031, 2022 DV 2033, and 2022 DV 2035 (all with 3-0 votes).
- Denied petitions: 2022 UV 2013 and 2022 UV 2020 (both 0-3 votes, continued for findings of fact).
- Continued petition: 2022 UV 2024 (indecisive vote, automatically continued to November 15, 2022).
- Continuances granted: 2022 UV 2021 (Norcroft Drive) continued to November 15, 2022; a two-day notice waiver was granted for 2022 DV 2033.
- Withdrawals acknowledged: 2022 DV 2024 (Broadway Street) and 2022 UV 2019 (Glenn Cairn Lane) were withdrawn.
Meeting Transcript
Well before you as another the mayor's actually get a hold of the actual version and explain the development that's gonna happen again. You could certainly talk to any problem. Okay. I think you just was thinking you guys were later. Well, it becomes a priority. Yes, I see you. Well, which is the same thing. So that's a result of the field. I don't know. So nine thousand dollars okay. I haven't heard that you've been around. Well, I did I did want to repair my well because he was in a situation like that where you know the items over a new article water lines came down to read the summer good afternoon. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division Two. I am James Duke, Vice Chair of Division Two. The other board members present are Patrice Ducket Brown and Beth Brandon. Legal counsel for the board today is Chris Steinmetz. Stein staff members present today from the division of planning are Eddie Onea, Principal Planner Two. Robert Eulen Haight, senior planner. Alison Richardson, senior planned senior planner, Genesis Hill, associate planner, and Heather Stefan, senior specialist and secretary to the board. Matt Pleasant is the current planning administrator. The board has copies of 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 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 of 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 present the administrators' comments regarding the petition. The petitioner will then be allowed five minutes for rebuttal and its 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 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 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 note 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 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 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 a right of way are examples. These conditions and commitments are 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 the completion. Unless otherwise specified, an improvement location permit must be obtained prior to the establishment of the authorized improvements. Failure to comply with any condition or commitments of variance a 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 the person's full name and correct mailing address and 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 a 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. Please note that there are only three members present today. Your request will need a unanimous vote to take action on a request.
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