Metropolitan Board of Zoning Appeals Division II Meeting - July 11, 2023

The Metropolitan Board of Zoning Appeals Division II convened on July 11, 2023, at 6:15 PM. Chairperson Craig E. Von Dalen presided, with members James Duke, Beth Brandon, Tom Barnes, and alternate David Duncan present. Legal Counsel Chris Steinman and several Division of Planning staff members attended. The board heard three continuance requests, one expedited docket, and five non-expedited variance petitions, concluding with votes on each.

Continuances and Special Requests

• 2023 DV2-010 (526 Blue Ridge Road): Petitioner Dana Kevin Sindelar requested a continuance because half the neighborhood was on vacation. Remonstrator Andy Wirt (representing Butler University) preferred to proceed, but neighbors Evelyn and Richard Turner had no objection. Staff had no objection. The board voted unanimously to continue to August 8, 2023, without additional notice.
• 2023 UV2-004 (2029 Massachusetts Avenue): Staff requested a continuance on behalf of the petitioner to September 12, 2023, with additional notice, due to an error in the staff report. No audience interest. The board voted unanimously to continue.
• 2023 DV2-013 (4809 East 70th Street): Staff requested a continuance on behalf of the petitioner to August 8, 2023, without additional notice. No audience interest. The board voted unanimously to continue.

Expedited/Consent Docket

• 2023 DV2-011 (multiple addresses in Pike Township): Arbor Homes and Apex Realty Group requested a variance of development standards for single-family dwellings with reduced front yard setback, main floor area, and open space. No opposition was voiced. The board voted unanimously to approve via the previously adopted waiver of rules.

Petition 2023 DV2-005: 4540 Park Avenue – Carriage House Variances

• Petitioners: Thomas and Kelly Creveling, represented by Mark Demerley. Requested variances for a detached carriage house with secondary dwelling: reduced open space (72% vs. 75% required) and increased square footage (850 sq. ft. vs. 720 sq. ft. max).
• Public Comments: No remonstrators appeared. The petitioner noted support from the Meridian Kessler neighborhood and neighbors.
• Staff Recommendation: Split – opposed to the square footage overage due to the incidental and subordinate use requirement, but not opposed to the open space reduction given the lot's below-minimum area.
• Discussion: The board debated the calculation of floor area, particularly whether the staircase should be counted, and the petitioner argued the stairway should not be counted on the second floor. The board split the vote into two ballots.
• Key Outcomes: Ballot A (open space): 5-0 approval. Ballot B (square footage): 5-0 approval. Both variances granted.

Petition 2023 DV2-008: 3802 East 10th Street – Fueling Station and Laundromat

• Petitioner: Jabo Investments LLC, represented by Joseph D. Calderon. Requested a variance to allow 0% building transparency on the south facade (40% required) and a canopy light level waiver (withdrawn).
• Public Comments: Chris Staub, president of the Near East Side Community Organization (NESCO), spoke in opposition only because the petitioners had not yet shared signage and canopy designs. He acknowledged the petitioners had agreed to community commitments and that the only remaining variance concerned the windows.
• Staff Recommendation: Denial, citing the importance of transparency for crime prevention and the availability of design alternatives.
• Discussion: The board noted the 19-foot separation from the sidewalk and the security concerns of placing a cashier with a back to glass. The petitioner committed to install window boxes for public art, share sign plans, and add landscaping.
• Key Outcomes: Vote: 4-1 approval (Barnes no). Variance granted.

Petition 2023 DV2-009: 6151 North Keystone Avenue – Panda Express Drive-Through

• Petitioner: Kite Realty Group, represented by Henry Clover and Joseph D. Calderon. Requested variances for a restaurant with drive-through: stacking in the front yard, no screening, 24 parking spaces (23 max), and 0% transparency on the north facade.
• Public Comments: No remonstrators appeared. The Greater Allisonville Community Council submitted a letter of support.
• Staff Recommendation: Denial, stating that a compliant site plan was possible and that the requested variances were self-imposed due to the lot's geometry.
• Discussion: The petitioner argued the preferred plan improved stacking and safety, and that the building orientation was constrained by access easements. The board questioned the percentage of drive-through business (about 50-60%) and pedestrian access.
• Key Outcomes: Vote: 4-1 approval (Barnes no). Variance granted.

Petition 2023 DV2-012: 3777 North Meridian Street – Perimeter Fence

• Petitioner: The Enclave at Meridian LP, represented by Joseph D. Calderon and Raymond Williams. Requested a variance for a six- to eight-foot decorative fence in the front yard (four-foot limit) and side/rear yards (six-foot limit) for security.
• Public Comments: No remonstrators appeared. The petitioner noted that residents were excited about the fence and that Mapleton Fall Creek had initially supported then opposed, but no one testified in opposition.
• Staff Recommendation: Denial, citing the fence's aggressive design ("Enforcer" style) and the availability of other security measures like cameras and guards.
• Discussion: The board expressed concerns about the fence's aggressive design and height. The petitioner committed to lowering the front yard fence to five feet, using a standard pinch-point fence, and keeping side/rear at six feet.
• Key Outcomes: Vote: 5-0 approval. Variance granted as modified by the commitments.

Petition 2023 UV2-007: 128 North Traub Avenue – Multi-Unit Use Variance

• Petitioner: CK Rents LLC, represented by KW Martinez. Requested a variance of use to allow a four-unit multi-unit house and a detached accessory dwelling (total five units) in a D5 zone, plus a three-foot side setback. The property currently operates as a legally non-conforming five-unit use.
• Public Comments: No one appeared in person. A letter of remonstrance from an adjoining neighbor was received.
• Staff Recommendation: Denial, stating the request was for insurance/financing purposes, that the difficulty was self-imposed, and that the proposed density (36 units per acre) far exceeded the comprehensive plan's recommendation.
• Discussion: The petitioner argued the variance would protect affordable housing and allow refinancing. The board noted that the property could continue as is under the LNCU, and that granting the variance would allow a future rebuild at higher intensity, potentially harming neighbors.
• Key Outcomes: Vote: 5-0 denial. The board will adopt findings of fact at a later meeting.

Key Outcomes

• Three continuances granted (2023 DV2-010, UV2-004, DV2-013).
• Expedited docket approved unanimously.
• Carriage house variances (DV2-005) approved 5-0 on both ballots.
• Fueling station variance (DV2-008) approved 4-1.
• Panda Express variances (DV2-009) approved 4-1.
• Fence variance (DV2-012) approved 5-0 with modified commitments.
• Multi-unit use variance (UV2-007) denied 5-0.