Metropolitan Board of Zoning Appeals Division II Meeting - November 21, 2023
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Metropolitan Board of Zoning Appeals Division II Meeting - November 21, 2023
The Metropolitan Board of Zoning Appeals Division II convened on November 21, 2023 at 6:00 PM with Chairperson Craig E. Von Dalen, and board members Patrice Duckett Brown and Tom Barnes present. Staff included Senior Planner O'Neill, Senior Specialist Heather Stevens, and Planning Administrator Matt Pleasant. The board heard four variance cases, several continuances, and withdrawals. Three votes were required for action due to the reduced panel.
Consent Calendar
- No consent calendar was presented.
Public Comments & Testimony
- No public comments were offered from the audience at the start of the meeting.
Discussion Items
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Continuances and Withdrawals:
- 2023 DV2-032 (911 Sanders Street): Continued to December 12, 2023 without additional notice per petitioner’s request; staff noted that new notice was not required if variances are reduced.
- 2022 SC2001 (2400 Roosevelt Avenue): Acknowledged automatic continuance to December 12, 2023.
- 2023 DV2-031 (8419 North Pennsylvania Street): Withdrawal acknowledged.
- 2023 UV2012: Automatic continuance to December 12, 2023 acknowledged.
- 2023 UV2-013 (6008 North Keystone Avenue): Withdrawal requested and fees transferred to a new rezoning petition; board voted unanimously to approve transfer.
- 2023 UV2-014 (35 East Morris Street): Continued to January 9, 2024 with additional notice, pending modifications and refiling as rezoning.
- 2023 UV2-015 (769 Riverfront Avenue): Continued to December 12, 2023 with additional notice for site plan modifications.
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2023 DV2-021 – 5000 Noland Avenue (Scecina Memorial High School):
- Petitioner Joe Thurber and David Smith requested a variance for an 8.08-foot monument sign with digital display (max 5 feet, no digital display). The original plan for a two-sided sign was modified to a one-sided sign oriented 45 degrees to the street, with messaging on one side only. Petitioner offered to reduce sign height to 60 inches (including base) and turn off the display at 9:00 PM daily. Staff recommended denial due to the digital display being prohibited within 400 feet of a protected district (100 feet away) and because the height exceeded the limit. The petitioner noted support from the Little Flower Neighborhood Association and several neighbors. The board approved the variance unanimously (3-0) with conditions for reduced height and nighttime shutoff.
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2023 DV2-027 – 4110 North Illinois Street:
- Petitioner Michael Brannan requested an 8-foot privacy fence (max 6 feet) to accommodate a raised deck around a swim spa. A neighbor provided a letter of support. Staff recommended denial, citing that the fence would exceed the six-foot limit and that privacy could be achieved with landscaping. The petitioner argued that a similar seven-foot fence was previously approved nearby and that the fence does not abut the alley. The vote was 1-2 (Duckett Brown yes, Von Dalen no, Barnes no), resulting in an automatic continuance to December 12, 2023.
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2023 DV2-029 – 6151 North Keystone Avenue (Kite Realty Group):
- Petitioner Gene Beerman sought a variance for an 88.16-foot front yard setback (max 65 feet) and one stacking space in the front yard for a proposed Starbucks at Glendale Town Center. The site is in the compact context zone and includes a roadside ditch and existing monument sign. Petitioner noted support from the Greater Allisonville Community Council. Staff recommended denial, stating the site could be designed closer to the street and that the stacking area and parking dominated the frontage. The board approved the variance unanimously (3-0), but the decision was continued for the submittal and adoption of revised findings of fact.
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2023 DV2-030 – 3833 East 56th Street:
- Petitioner Race Dorsey requested a variance to retain a six-foot vinyl privacy fence in the front yard (max 3.5 feet). The fence was installed without a permit by a contractor who assured compliance. The property is between two apartment complexes and a busy road, and the fence encloses 0.23 acres. Petitioner cited safety for dogs (some can jump 4-foot fences), privacy, gardening, and use by a rescue organization (FIDO) rehabilitating dogs. Neighbor Ed Spangerman spoke in support. Staff recommended denial, citing safety hazards from restricted visibility and deviation from neighborhood character. The board cast three votes: Duckett Brown voted yes, Barnes voted no. The outcome of the third vote (Chair Von Dalen) was not recorded in the transcript; the meeting adjourned immediately after. The result is ambiguous.
Key Outcomes
- Approved:
- 2023 DV2-021 (Scecina Memorial High School sign) – Approved 3-0 with conditions (height lowered to 60 inches, digital display off by 9 PM).
- 2023 UV2-013 (fee transfer) – Approved unanimously.
- Continued/Deferred:
- 2023 DV2-032 – Continued to December 12, 2023.
- 2023 UV2012 – Continued to December 12, 2023 (automatic).
- 2023 UV2-014 – Continued to January 9, 2024 with additional notice.
- 2023 UV2-015 – Continued to December 12, 2023 with additional notice.
- 2023 DV2-027 – Automatically continued to December 12, 2023 due to indecisive vote (1-2).
- 2023 DV2-029 – Approved but continued for submission of revised findings of fact.
- Withdrawn:
- 2023 DV2-031 (withdrawal acknowledged).
- 2023 UV2-013 (withdrawal acknowledged, fees transferred).
- Outcome unclear:
- 2023 DV2-030 – Three votes cast; Duckett Brown yes, Barnes no; the third vote and final decision are not clear from the transcript.
Meeting Transcript
Call to order. This is a public hearing of the Metropolitan Board of Zoning Appeals, Division II. I am Craig E. Von Dalen, Chairperson to Division Two. The board other board members present are Patrice Duckett Brown and Tom Barnes. Weigel, senior planner. Welcome back. Heather Stevens, Senior Specialist and Secretary of the Board. Matt Pleasant is currently planner and planning administrator. The board has copies of zoning ordinance that will be incorporated by reference into the record of each case heard today. 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 tend 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 their 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 pet to the petition. Staff will then present the administrator's comments regarding the petition. 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. Anyone at this hearing who thinks complete and proper notice has not been given and would like the petitioner continued due to lack of proper notice. The installation of landscaping and screening, the paving of parking area, and the dedication of rights 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 conditions imposed by the board must be proved by an affidavit of compliance submitted by the petitioner within 30 days of completion. 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. I must include the person's full name and correct mailing address in 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 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 there are only three members per present it requires today it requires three votes to take action on any request is there anyone in the audience who has any questions about our procedures before we hear special requests I'll ask for a waiver of our rules of procedure to allow the board to vote for all expedited petitions and adopt their findings of fact without any additional testimony from the individual petitioners. Do I hear a motion to do so moved. And as that was from board member Barnes and a second second thank you that is from Patrice Ducket Brown. I'll now ask for a vote buck duckett Brown. Duck Brown yes Barnes yes and I am also yes we will now consider special requests and continuances at this time is there anyone in the audience with interest in anybody at none from the audience Mr. Crouch thank you Mr Von Dylan case number 2023. And name and address oh Mark Crouch 124 East Pleasant Run Parkway Indianapolis Indiana. Thank you. 2023 D V two zero three two yeah um we are I think we're asking for a request uh for continuance um but I'm not the designer of the project and uh they've had trouble getting uh review drawings changes into staff so not able to go or willing to go forward today or okay um I don't have a specific time with the holidays I didn't know well our next hearing is on December 12th December 12th okay you want to be continued to December 12th yeah if that's okay with staff it's okay with or without additional notice um I think we were one day short on the sign uh which should be okay now so I think without notice our request will be modified to be smaller I think we're okay all right is there anyone else in the audience with an interest in petition number 2023 DV2-032 with an address of 911 Sanders Street being seen we'll go to comments from staff thank you chair first of all dental members of the board staff has no objection excuse me my apologies to continuing this request to the December 12th hearing uh staff would point out however that the um if new notice is required then the mailing deadline for that notice is already passed due to the late to this hearing being pushed back one month one week into the month um published notice can still be obtained by the end of the week I believe by Friday okay or to to tomorrow um so if and that's only an issue if uh additional variances are going to be added or the request is um has new uh variances that have not been legally published if it's a reduction from what's been published then no new need notice will be uh required I'm only pointing that out in case you want to consider a different date thank you Mr. Young Haig are there any initial are you going to have any additional variances? Uh no I will uh um I will request a motion to continue to our December 12th hearing without additional notice petition number 2023 DV2-032 do I hear a motion motion thank you second second and I will call the roll bars yes Ducky Brown yes and I'm also yes to continue thank you appears not to be any other requests from the audience go ahead and staff on Dalen members of the board staff will draw your attention to petition to the first petition 2022 SC2001 located at 2400 Versevelt Avenue timely automatic continuances filed by registered organization continuing this petition to the December 12th 2023 hearing this just would require your acknowledgement acknowledged thank you staff draw your attention to item number two 2023 DV2031 8419 North Pennsylvania Street petitioner has pardon me petitioner has requested a withdrawal this requires board's acknowledgement acknowledge staff would draw your attention to item number three 2023 UV two oh one two a timely automatic continuance was filed by a registered neighborhood organization continuing this request to the December 12th 2023 BZA2 hearing that would require the board's acknowledgement acknowledged Staff would draw your attention to item number three, 2023 UV2012. A timely automatic continuance was filed by a registered neighborhood organization continuing this request to the December 12th 2023 BZA2 hearing. Acknowledged. Chairperson Von Dalen and members of the board. Staff would draw your attention to 2023-UV2-013. The petitioner has requested a withdrawal. They have refiled as a rezoning petition, so they have requested a transfer of fees to that rezoning petition as well. And staff is supportive of that transfer. We'll acknowledge the withdrawal. Do we need to vote on the transfer?
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