Metropolitan Board of Zoning Appeals Division II Meeting - February 14, 2023

The Metropolitan Board of Zoning Appeals Division II convened on Tuesday, February 14, 2023, at 1:00 PM local time (18:15 UTC) in the Public Assembly Room of the City-County Building. Chairperson Craig E. Von Dalen presided over the meeting with members James Duke, Patrice Ducett Brown, Beth Brandon, and Tom Barnes. Legal counsel was Chris Steinmetz, and staff from the Division of Planning supported the proceedings. The board addressed continuances, expedited petitions, and two public hearings, culminating in approvals for both contested variances.

Continuances and Procedural Matters

• Case 2022-DV2-047 (2304 and 2302 West 60th Street): An automatic continuance requested by a registered neighborhood organization was acknowledged, moving the hearing to March 14, 2023.
• Case 2023-DV2-001 (801 Shelby Street): An automatic continuance was acknowledged, also continuing the matter to March 14, 2023.
• Case 2022-UV2-030 (2307 Dr. Martin Luther King Jr. Street): The board granted a one-day waiver of the public notice requirement (5-0 vote), allowing the petition to be heard that day.
• Case 2022-UV2-029 (1645 East Minnesota Street): The board granted a one-day waiver of the public notice requirement (5-0 vote) to hear the petition.

Expedited Petitions

Two petitions were considered under the expedited docket after a waiver of standard procedures (unanimously approved):

• 2022-UV2-027 (Amended) (3445 Washington Boulevard): Requested a variance of use and development standards for a mixed-use development—a 3,580-square-foot dwelling unit, 6,410 square feet of office, and a 1,810-square-foot basement dwelling unit with 13 parking spaces (23 required).
• 2022-UV2-029 (1645 East Minnesota Street): Requested a variance of use to legally establish an existing single-family dwelling and accessory structure with a seven-foot rear setback (eight feet required).
• Both petitions were approved unanimously (5 yes votes each). The second petition was continued for submission of revised findings of fact.

Public Hearings

Case 2022-DV2-048 – 3815 River Crossing Parkway (Skyline Sign Variance)

• Petitioner: ASAP Permits (Brent Bennett) on behalf of Sanctuary Wealth, a wealth management firm relocating from Hamilton County to Marion County. They sought a second skyline sign on the northern elevation (one permitted per elevation). The sign would replace a previous tenant’s sign on the same facade, facing I-465 (over 200,000 vehicles per day).
• Arguments: Sanctuary Wealth plans a $1.7 million investment in the space; the building owner (Felton Properties) purchased the property for $35 million and will invest an additional $3 million in upgrades. The northern elevation provides critical visibility, and signs at lower elevations would be obscured by a tree line. Denial would harm a growing local business and reduce property values.
• Staff Recommendation: Denial. Staff noted that the 2019 ordinance limits skyline signs to one per facade to prevent visual clutter. The tenant could install a sign below 26 feet without a variance, and the building already has a freestanding sign with tenant identification. Other tenants operate without skyline signage.
• Board Deliberation: Members questioned the removal of the previous sign and whether that forfeited grandfathered status. Board member Barnes expressed concern that the city’s position seemed punitive.
• Rebuttal: Petitioners emphasized that visibility at 26 feet is obstructed by highway landscaping and a parking garage, making the high elevation essential.
• Vote: 4 yes (Duke, Brandon, Ducett Brown, Von Dalen), 1 no (Barnes). Approved, continued for adoption of findings of fact.

Case 2022-UV2-030 – 2307 Dr. Martin Luther King Jr. Street (Single-Family Dwelling on C1 Lot)

• Petitioner: Flanner House Inc. (Brent Lyle) requested a variance of use to construct a single-family dwelling on a C1 (commercial) lot, with a 1.5-foot front setback (10 feet required). The home was already manufactured and awaiting placement.
• Arguments: The site and surrounding area are historically residential. Flanner House has secured nearly $1 million in federal grants (including crime prevention funds) tied to this development. Delays hinder neighborhood revitalization efforts. A letter from City-County Council President Vop Osili supported the variance.
• Staff Recommendation: Denial of the use variance; staff advised the petitioner to file a rezoning to D-8 (residential) instead. Staff acknowledged the setback variance was acceptable but argued the use change should follow the rezoning process, similar to a nearby parcel rezoned in 2019.
• Board Deliberation: Members discussed the legacy C1 zoning, the “sawtooth” effect of piecemeal rezoning, and the comprehensive plan’s support for residential use on the corridor. Board member Duke recused himself, leaving four voting members.
• Rebuttal: Petitioner emphasized the building is already paid for and federal funds are at risk, urging approval to avoid bureaucratic delays.
• Vote: 3 yes (Brandon, Ducett Brown, Von Dalen), 1 no (Barnes). Approved, continued for adoption of findings of fact.

Key Outcomes

• Continuances: Two cases continued to March 14, 2023.
• Waivers Granted: Two one-day waivers for public notice (unanimous).
• Expedited Petitions: Both approved (5-0); one continued for findings of fact.
• Skyline Sign Variance (2022-DV2-048): Approved 4-1; continued for findings of fact.
• Single-Family Dwelling Variance (2022-UV2-030): Approved 3-1; continued for findings of fact.
• Officer Elections: The board unanimously re-elected Craig E. Von Dalen as Chairperson, James Duke as Vice Chairperson, and Patrice Ducett Brown as Secretary.