Metropolitan Board of Zoning Appeals Division Two - September 12, 2023

The Metropolitan Board of Zoning Appeals Division Two held a public hearing on September 12, 2023, beginning at 6:00 PM. The board considered a special request to waive the 12-month refiling rule, several continuances and withdrawals, expedited docket cases, and five regular docket petitions. Key actions included approval of Butler University's revised variance request, denial of a multi-unit house in a historic neighborhood, and approval of a transitional living facility for at-risk youth.

Special Requests & Continuances

• Butler University Special Request (DV2010): The board granted a unanimous request to allow Butler University to file a new rezoning petition and companion variance within 12 months of a prior denial. The new proposal removes the height variance (building now under 35 ft), and a rezoning to University Quarter District is planned. Staff supported the request due to substantial differences.
• Continuances without notice to October 10, 2023 were granted for: Cecina High School parking variance (2023 DV2-022), monument sign variance (2023 DV2-021), and fence variance (2023 DV2-024). All unopposed.
• Withdrawal of case 2023 UV2-004 (2029 Massachusetts Ave) was accepted, with fees transferred to a new case.
• Waivers of notice were granted for: 5-day waiver for 2023 DV2-026 (5515 Guilford Ave); 2-day waiver for 2023 DV2-017 amended (717 E 27th St); 3-day waiver for 2023 UV2-008 (1718 SE St); 1-day waiver for 2023 DV2-025 (1449 Olive St). Staff had no objections.

Expedited Docket

• Four petitions were approved unanimously by voice vote: 2023 DV2-020 (3 ft side yard setback), 2023 DV2-023 (5 ft rear setback), 2023 DV2-025 (single-family dwelling setbacks), and 2023 UV2-009 amended (tattoo parlor separation variance, subject to plan of operation commitment).
• Petition 2023 UV2-010 (transitional living) was pulled from the expedited docket after an audience member expressed opposition and was heard in the regular docket.

Regular Docket Cases

2023 DV2-015: 1133 S Illinois St (Denied)

• Petitioner (Hoosier Renovators LLC, by Mark and Kim Crouch): Requested variances to construct a three-unit multi-unit house on a 30-ft wide lot (35 ft required), with a 3-ft front setback (10 ft required) and zero-ft side setback (2 ft required). Owner Ryan Moeller stated intent to live on site.
• Remonstrators (Jim Dewis, Donald and Melissa Dyer): Opposed citing inadequate lot width, damage to adjacent properties during demolition, privacy concerns from balconies, and skepticism about owner occupancy. A letter from Center Township Trustee LaDonna Freeman (not received by staff) was referenced.
• Staff: Recommended approval, noting the front setback is consistent with the block and the building meets all other standards.
• Vote: 4 no (Ducett Brown, Von Dalen, Barnes, Duke), 1 yes (Brandon) — Denied.

2023 DV2-017 amended: 717 E 27th St (Denied)

• Petitioner (Lamon J. Henderson by Myron Cheeks): Requested variances for a three-story duplex on a 3,250 sq ft lot (7,200 sq ft required), reduced main floor area (360 sq ft vs 660 sq ft), 5-ft rear setback (20 ft required), and 44% open space (60% required). Parking garages included due to lack of on-street parking.
• Remonstrance: None.
• Staff: Recommended denial due to the number and severity of variances; noted the site could be developed with fewer units or single-family.
• Vote: 5-0 Unanimous Denial.

2023 DV2-026: 5515 Guilford Ave (Approved)

• Petitioner (Anthony and Julia Nicholson by Jerry Myers): Requested a 2-ft north side yard setback for a replacement carriage house (same footprint as original destroyed by tree). Structure not for dwelling, only storage.
• Remonstrance: None. Staff and Meridian Kessler Neighborhood Association supported.
• Staff: Recommended approval; the reduced setback matches historic placement.
• Vote: 5-0 Unanimous Approval.

2023 UV2-008: 1718 SE St (Denied)

• Petitioner (Captain Mike's Holding Court by Mark and Kim Crouch): Requested variance to operate a bar within 68 ft of a protected district (100 ft required) and a deck encroaching into the right-of-way (originally 2.3 ft, later revised to 6.5 inches). Petitioner argued the establishment is a restaurant-bar; a zoning violation triggered the petition.
• Remonstrators (Gina Christopharo and James Bulow of Bates Hendricks Neighborhood Association): Opposed due to noise complaints, loitering, and lack of proper permits. They stated they do not oppose a restaurant but oppose a bar.
• Staff: Recommended denial, citing self-imposed hardship, insufficient parking, potential noise impact, and retroactive correction of violations. Staff clarified a restaurant is permitted without a variance.
• Vote: 5-0 Unanimous Denial.

2023 UV2-010: 4002 Broadway St (Approved)

• Petitioner (Eclectic Soul Voices Corporation by Russell Brown): Requested variance to operate a transitional living quarter for up to seven males aged 14–17. The facility, Blossom House, will have 24/7 staff, no external changes, and no on-site visits. A three-year lease exists. Meridian Kessler Neighborhood Association supported.
• Remonstrator (Ben Brockman, neighbor): Initially concerned about safety and property values, but after hearing details expressed support for the program.
• Staff: Recommended approval; the use is small-scale and fits the residential character.
• Vote: 5-0 Unanimous Approval.

Key Outcomes

• Butler University granted permission to refile a variance petition (height removed, rezoning planned).
• Expedited approvals: Four variances approved unanimously (DV2-020, DV2-023, DV2-025, UV2-009 amended).
• Denials: Three petitions denied — DV2-015 (4-1), DV2-017 (5-0), UV2-008 (5-0).
• Approvals: DV2-026 (5-0) and UV2-010 (5-0).
• Other actions: Revised findings of fact adopted for 2022 DV2009; negative findings adopted for two prior petitions.