Metropolitan Board of Zoning Appeals Division 2 Public Hearing - April 11, 2023
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Metropolitan Board of Zoning Appeals Division 2 Public Hearing - April 11, 2023
The Metropolitan Board of Zoning Appeals Division 2 convened on April 11, 2023, at 6:00 PM under Chairperson Craig E. Von Dalen to hear zoning variance petitions. Board members James Duke, Beth Brandon, and Tom Barnes were present. The meeting addressed special requests, expedited petitions, and continuances.
Public Comments & Testimony
- Meredith Hammer (6316 Central Avenue, Indianapolis) representing Case 2023-UV2-001 (101 East 34th Street) requested withdrawal of the event center portion of the variance petition and expedited consideration of the remaining coffee shop component. She agreed to staff's amended plan of operation dated April 10, 2023.
- Dara Ferrar representing Case 2023-UV2-003 (5060 East 62nd Street, Suite 120) requested expedited consideration for a variance to allow indoor entertainment and recreation, including record rooms and axe throwing games.
- Brian Twee (50 South Meridian) representing Case 2023-DV2-003 (231 Wellington Road) requested a continuance to the May 16, 2023 hearing to allow time to present to the Town of Meridian Hills Town Council, which next meets in May.
Discussion Items
- The board waived rules of procedure to allow voting on expedited petitions without additional testimony.
- Staff recommended approval of the coffee shop portion of Case 2023-UV2-001, subject to the amended plan of operation.
- Staff expressed no opposition to expediting Case 2023-UV2-003, subject to two commitments in the staff report, which the petitioner accepted.
- Staff supported the continuance of Case 2023-DV2-003 to May 16, 2023, without additional notice.
- The board acknowledged automatic continuance requests for Cases 2023-MO2-001 (5510 Millersville Road) and 2023-UV2-002, both continued to May 16, 2023, due to requests by City-County Councilor Boots and a registered neighborhood organization, respectively.
Key Outcomes
- Case 2023-UV2-001 (101 East 34th Street): Approved unanimously (4 votes in favor) after being moved to the expedited docket. The variance permits operation of a coffee shop, subject to the amended plan of operation.
- Case 2023-UV2-003 (5060 East 62nd Street, Suite 120): Approved unanimously (4 votes in favor) after being moved to the expedited docket. The variance permits indoor entertainment and recreation uses, subject to two commitments.
- Case 2023-DV2-003 (231 Wellington Road): Continued to the May 16, 2023 hearing without additional notice, as requested by the petitioner.
- Case 2023-MO2-001 (5510 Millersville Road): Acknowledged continuance to May 16, 2023.
- Case 2023-UV2-002: Acknowledged continuance to May 16, 2023.
- The board adopted revised findings of fact for Case 2022-UV2-029 and negative findings of fact for Case 2022-UV2-028 from a previous hearing.
Note: No opposition was present for any of the petitions heard.
Meeting Transcript
It's a call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division 2. I am Craig E. Von Dalen, Chairperson of Division 2. The other board members present are to my left, James Duke, to my right, Beth Brandon and Tom Barnes. Legal Counsel for the Board today is Chris Steinmetz. Staff members present today from the Division of Planning are Jeffrey York, Senior Planner, Robert Eulenhake, Senior Planner. Marlene Arjeda, senior planner. Heather Stevens, Senior Specialist and Secretary of the Board. Matt Pleasant is the current planning administrator. The board has copies of the zoning ordinance 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 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 be then 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 then be allowed five minutes for rebuttal of the petitioners' 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 notice signed on 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 right 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 the conditions imposed by the board must be approved by an affidavit. Affidavit of compliance submitted by the petitioner within 30 days of completion. Unless otherwise specifies an improvement specified and 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 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 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 a matter pending before the board outside of the 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? Yes, ma'am. Please come forward, approach the microphone. Give me your name and address. Meredith Hammer. My business address is 6316 Central Avenue. And I wanted to uh request I have case number here. Yeah. That has two uh portions to it. I wanted to request or make a request to withdraw a portion of the petition. Okay and then expedite the other part.
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